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HomeMy WebLinkAbout_04 18 2022 City Council Agenda Packet 4646 Dakota Street SE Prior Lake, MN 55372 City Council Meeting at City Hall Monday, April 18, 2022 City Council Work Session Agenda 5:00 p.m. 1. DISCUSSION ITEM(S) A. 2021 Preliminary Year-End (30 min) B. Annual Code Enforcement Report (30 min) C. Review Road Closure Requests for Main Avenue Downtown (30 min) D. Emerging Issues City Council Meeting Agenda 7:00 p.m. Reports included with this agenda can be found in the Document Center by clicking here or at www.cityofpriorlake.com \Doc Center\City of Prior Lake\City Council, Planning Commission and Advisory Committees\City Council\City Council Agenda Packets\2022\04 18 2022 1. CALL TO ORDER and PLEDGE OF ALLEGIANCE 2. PUBLIC FORUM The public forum is intended to afford the public an opportunity to address concerns to the City Council. The public forum will be no longer than 30 minutes in length and each presenter will have no more than five (5) minutes to speak. Topics of discussion are restricted to City governmental topics rather than private or political agendas. Topics may be addressed at the public forum that are on the agenda. However, topics that are the subject of a public hearing are best addressed at the public hearing, not at public forum. Therefore, topics may not be addressed at public forum if: (I) the topic has been the subject of a public hearing before the City Council or any City Advisory Committee and the Council has not acted on the topic; or (ii) if the topic is the subject of a public hearing for which notice has been published in the City’s official newspaper, or a continued public hearing or public information hearing before the City Council or any City Advisory Committee. During public forum, a member of the public may request that the City Council consider removing an item from the Consent Agenda following the procedure set forth in Section 401.5. The City Council may discuss but will not take formal action on public forum presentations. Matters that are the subject of pending litigation are not appropriate for the forum. 3. APPROVAL OF AGENDA 4. MINUTES A. Approval of the April 4, 2022 City Council Minutes 5. CONSENT AGENDA Those items on the Council Agenda which are considered routine or non-controversial are included as part of the Consent Agenda. Unless the Mayor or a council member specifically requests that an item on the Consent Agenda be removed and considered separately, items on the Consent Agenda are considered under one motion, second and vote. Any item removed from the consent agenda shall be placed on the council agenda under Items Removed Consent Agenda Items. A. Approval of Claims Listing B. Approval of Building Permit Summary Report C. Approval of Animal Control Services Report D. Approval of January 2022 Treasurer's Report E. Approval of February 2022 Treasurer's Report F. Approval of a Resolution for 2022 1st Quarter Donations and Grants G. Approval of Preliminary 2021 Year End Financials H. Approval of a New Massage Therapy License for Christina Brindmore I. Approval of a New Massage Therapy License for Jie Yang J. Approval of a Resolution Receiving Bids and Awarding the Contract for the Fire Station 1 Remodel Project K. Approval of a Resolution for the Overhead Powerline Burial Contracts as Part of the Downtown South Reconstruction Project (CP 2020-11) L. Approval of a Resolution Receiving Quotes and Awarding the Contract for the Mowing and Turf Maintenance Services M. Approval of a Resolution for Bi-Annual Body Worn Camera Audit N. Approval of the 2021 Code Enforcement Year-End Report 6. PRESENTATIONS A. City Clerk Oath of Office B. Presentation of a Concept Plan for Outlots B and C, Jeffers Pond 1st Addition and Outlot A, Jeffers Corner 1st Addition 7. PUBLIC HEARINGS 8. OLD BUSINESS A. Approval of a Resolution Authorizing the Mayor and City Manager to Enter into a Purchase Agreement for City-Owned property at 17232 Sunset Trail SW 9. NEW BUSINESS A. Approval of a Request from Island View 1st Addition HOA Related to Dock Slip Placement 10. REMOVED CONSENT AGENDA ITEMS 11. COUNCILMEMBER LIAISON UPDATES / COUNCILMEMBER REPORTS 12. OTHER BUSINESS 13. ADJOURNMENT CHECK REGISTER FOR CITY OF PRIOR LAKE 1/4Page: 04/11/2022 08:41 AM User: Janet DB: Prior Lake CHECK DATE FROM 03/26/2022 - 04/08/2022 AmountDescriptionVendor NameVendorCheckBankCheck Date Bank 1 General Bank 352.00 Mar 2022 HSA Admin FeesALERUS000013758382(E)103/28/2022 808.11 2022 Dental ClaimsDELTA DENTAL000272138383(E)103/28/2022 17,729.89 Mar 2022 Natural Gas BillsCENTERPOINT ENERGY000135708384(E)103/30/2022 37,876.50 Mar 2022 Electric BillsXCEL ENERGY000147208385(E)103/30/2022 25.89 Welding supplies AIRGAS USA LLC000013138386(A)104/01/2022 35.00 Recharge Fire ExtinguisherCENTRAL FIRE PROTECTION000033008387(A)104/01/2022 11,833.83 8501 Boss EXT PlowCRYSTEEL TRUCK EQUIPMENT000039558388(A)104/01/2022 462.26 9201N Squad supplies EMERGENCY AUTOMOTIVE TECH INC000054808389(A)104/01/2022 150.00 Safety Boots 2022GREG SKLUZACEK000195588390(A)104/01/2022 1,107.50 Ponds & Memorial Park ImprovementsHOISINGTON KOEGLER GROUP INC000087308391(A)104/01/2022 3,108.13 Lakefront Park - Watzl's Beach Master Pl 4,215.63 43.23 Misc Office SuppliesINNOVATIVE OFFICE SOLUTIONS LLC000271498392(A)104/01/2022 5.53 Plastic Clips 113.01 Calculator, Disinfectant Wipes 23.49 Misc Office Supplies 41.24 Toner 27.07 Wrist Rests 74.00 Stapler, Index Cards 38.90 Keyboard 366.47 65.52 MileageJACOB WAGNER000280698393(A)104/01/2022 152,056.76 Apr 2022 Waste Water ServiceMETROPOLITAN COUNCIL000134008394(A)104/01/2022 49.14 MileageMITCHELL MAYER000280778395(A)104/01/2022 1,128.24 ApparelNORTH AMERICAN SAFETY000145748396(A)104/01/2022 47.68 751 Blow out wand NOVAK COMPANIES000149008397(A)104/01/2022 1,404.76 Canoe Racks - Sandpoint Beach 1,452.44 821.65 Feb 2022 Data & SoftwarePRECISE MOBILE RESOURCE MGMT000165488398(A)104/01/2022 15,000.00 2022 SCALE Annual FeeSCOTT COUNTY000192128399(A)104/01/2022 61.43 MileageTREVOR HENTGES000280998400(A)104/01/2022 302.56 LED Exit SignVIKING ELECTRIC SUPPLY000226308401(A)104/01/2022 443.89 Riser Cable 40.53 Lock 302.56 Exit Sign 154.21 Carbide Hole Cutter 1,258.85 Parts 2,502.60 101.18 TPMS Sensors WOLF MOTOR CO INC000236758402(A)104/01/2022 773.00 TRN20-000001 Fish Pt Road Eng SvcsWSB & ASSOCIATES INC000237808403(A)104/01/2022 1,468.50 TH 13 Trail Grant Project 400.00 Markley Lake Monitoring 172.00 Mini Storage WCA Replacement Plan Review 86.00 2022 WCA LGU Support 258.00 Revere Place 4,300.50 General Engineering Support 1,569.00 2021-2022 Municipal State Aid Street Sys CHECK REGISTER FOR CITY OF PRIOR LAKE 2/4Page: 04/11/2022 08:41 AM User: Janet DB: Prior Lake CHECK DATE FROM 03/26/2022 - 04/08/2022 AmountDescriptionVendor NameVendorCheckBankCheck Date 217.50 Jeffers Pond - Outlot C - First Addition 9,244.50 4,591.00 471 and 472 Gutter BroomsZARNOTH BRUSH WORKS INC000262008404(A)104/01/2022 54,540.00 8501 CAT Ultra SkidZIEGLER INC000265008405(A)104/01/2022 34.90 502 Electrical dust cap 54,574.90 2,400.00 Mar 2022 Animal Control4 PAWS ANIMAL CONTROL LLC000067988406(A)104/08/2022 311.22 Carbon DioxideAIRGAS USA LLC000013138407(A)104/08/2022 3,630.60 Annual InspectionsALL TEST & INSPECTION INC000279598408(A)104/08/2022 110.57 Mileage, LunchesANDREW BROTZLER000276748409(A)104/08/2022 459.31 Overhead Door Repair - MCAUTOMATED DOOR SERVICE INC000274198410(A)104/08/2022 6,998.00 Apr 2022 CleaningCOVERALL000275718411(A)104/08/2022 141.31 Stock batteryFACTORY MOTOR PARTS COMPANY000060208412(A)104/08/2022 (103.00)Battery Core (20.00)Battery 18.31 247.22 Grinder discs and cable ties FASTENAL COMPANY000061408413(A)104/08/2022 348.30 Mar 2022 LocatesGOPHER STATE ONE-CALL INC000075258414(A)104/08/2022 115.70 7107 Squad decals GRAFIX SHOPPE000076158415(A)104/08/2022 596.70 New vehicle decals 55.88 Non-Reflective Stickers 768.28 31.34 TonerINNOVATIVE OFFICE SOLUTIONS LLC000271498416(A)104/08/2022 8.76 8 Tab Divider (38.90)Return Keyboard 1.20 38.86 Klekner - Name PlatesINNOVATIVE OFFICE SOLUTIONS LLC000271498417(A)104/08/2022 193.90 Chairmat, Toner 232.76 40.53 Anti Fatigue MatKELSEY COY000112628418(A)104/08/2022 180.00 Mar 2022 PD Counseling ServicesLEAST SERVICES/COUNSELING LLC000276138419(A)104/08/2022 210.00 Alcohol TestingMN OCCUPATIONAL HEALTH000270998420(A)104/08/2022 528.06 Mar 2022 Random Drug Testing 738.06 1,880.00 PartsNOVAK COMPANIES000149008421(A)104/08/2022 25.75 450 Bent steering arm repair 1,905.75 53.94 Mar 2022 Repair PartsO'REILLY AUTO PARTS000150888422(A)104/08/2022 4,783.54 7107 AccidentPRIOR LAKE AUTO COLLISION000166048423(A)104/08/2022 2,295.00 Fire Station Key Card SystemPRO-TEC DESIGN INC000274298424(A)104/08/2022 229.50 Fire Station Key Card System 2,524.50 CHECK REGISTER FOR CITY OF PRIOR LAKE 3/4Page: 04/11/2022 08:41 AM User: Janet DB: Prior Lake CHECK DATE FROM 03/26/2022 - 04/08/2022 AmountDescriptionVendor NameVendorCheckBankCheck Date 37.41 Breakaway CableRIGID HITCH INC000184758425(A)104/08/2022 7.97 Battery Box 45.38 651.92 482 Tires ROYAL TIRE INC000187328426(A)104/08/2022 2,800.00 Water SoftenerTRI COUNTY WATER METRO SOUTH000052478427(A)104/08/2022 181.95 Electrical Repair PartsVIKING ELECTRIC SUPPLY000226308428(A)104/08/2022 119.97 2nd Qtr 2022 Bottled WaterWATERLOGIC AMERICAS LLC000275838429(A)104/08/2022 4,378.95 Tuition ReimbursementWILLIAM DUGGAN000278288430(A)104/08/2022 35.75 Mar 2022 Merchant FeesAUTHORIZE.NET000268218431(E)104/04/2022 721.77 2022 Dental ClaimsDELTA DENTAL000272138432(E)104/04/2022 298.98 Apr 2022 Vision PremiumsEYEMED000279178433(E)104/05/2022 1,191.95 Mar 2022 Merchant FeesINVOICE CLOUD000280918434(E)104/08/2022 200.00 9221 StarterA & B AUTO ELECTRIC INC00001010109888104/01/2022 142.22 Supplies - Charcuterie Board ClassAMANDA FAY00027666109889104/01/2022 87.50 Mar 23 2022 Technology Time Class 229.72 1,043.80 Programming; Wilds Booster StationAUTOMATIC SYSTEMS CO00001975109890104/01/2022 118.52 9221 Battery charger CUSTOM FIRE APPARATUS INC00003990109891104/01/2022 316.26 9216 Air eject 434.78 51.20 Water MetersFERGUSON WATERWORKS #251600006231109892104/01/2022 3,850.45 CSAH 21/Revere KIMLEY-HORN & ASSOCIATES INC00011372109893104/01/2022 61,002.00 1st Qtr 2022 Property & CasualtyLEAGUE MN CITIES INS TRUS00012435109894104/01/2022 61,002.00 2nd Qtr 2022 Property & Casualty 122,004.00 1,250.00 2022 Body Worn Camera Audit LYNN LEMBCKE CONSULTING00027832109895104/01/2022 23.41 784 Suction tube gasketMACQUEEN EMERGENCY 00027901109896104/01/2022 25.00 Wedel - Mar 2022 MeetingMETROPOLITAN AREA MGMT ASSN00013397109897104/01/2022 696.00 Foaming Hand SoapMINNCOR INDUSTRIES00013543109898104/01/2022 23.00 Hentges - Water Operator Exam ApplicatioMN DEPT OF HEALTH00013618109899104/01/2022 208.63 Service Call & BatteryMN ELEVATOR INC00013623109900104/01/2022 435.00 Club Prior LogoSDDI SIGNS00027585109901104/01/2022 793.03 PaintSHERWIN-WILLIAMS CO00019456109902104/01/2022 344.72 Apr 2022 Portable ToiletsSPECIALIZED SANITATION00019703109903104/01/2022 499.99 Compact Red Dot SightSTREICHERS00019900109904104/01/2022 825.00 Sig Sauer Suppressor 1,324.99 23.99 9271 Grass rig fuel pumpTIM'S SMALL ENGINE REPAIR INC00020510109905104/01/2022 125.56 465 Tarp RollerTOWMASTER00020659109906104/01/2022 125.00 Freight ChargeUPS Freight00027468109907104/01/2022 4,867.47 Mar 2022 Cell Phone BillsVERIZON WIRELESS00001315109908104/01/2022 99.75 3 Background ChecksBCA/STATE OF MINNESOTA00002933109909104/08/2022 1,350.00 Training BooksCENTURY COLLEGE00026955109910104/08/2022 4,400.00 Fire Apparatus Training 1,650.00 Fire Apparatus Training 7,400.00 140.00 Mar 2022 Tai Chi InstructorCHRISTINE T MORGAN00027316109911104/08/2022 CHECK REGISTER FOR CITY OF PRIOR LAKE 4/4Page: 04/11/2022 08:41 AM User: Janet DB: Prior Lake CHECK DATE FROM 03/26/2022 - 04/08/2022 AmountDescriptionVendor NameVendorCheckBankCheck Date 4,077.69 Apr 2022 UB Billing CSG SYSTEMS INC00027506109912104/08/2022 137.77 Mar 2022 Bottled WaterCULLIGAN BOTTLED WATER00003958109913104/08/2022 12.26 Freight - 9216 Air eject CUSTOM FIRE APPARATUS INC00003990109914104/08/2022 185.72 Small tools DELEGARD TOOL CO00004333109915104/08/2022 9,187.00 Tabulator, Case, Power Cord, Ballot BoxDOMINION VOTING SYSTEMS INC00027529109916104/08/2022 540.00 Mar 2022 Yoga InstructorELEANOR ALLEN00028060109917104/08/2022 781.73 Rescue HD R-1 RepairEMERGENCY APPARATUS MAINT00005475109918104/08/2022 667.32 Ladder L-9280 Bronto Repair 1,449.05 24.00 Apr 2022 Go To Meeting LicenseGOTO TECHNOLOGIES USA INC00026895109919104/08/2022 75.06 Small tools GRAINGER INC00023030109920104/08/2022 370.98 Shop compressor kit INDUSTRIAL PNEUMATIC SYSTEMS00027680109921104/08/2022 104,599.00 2nd Qtr 2022 WCLEAGUE MN CITIES INS TRUS00012435109922104/08/2022 198.46 Mar 2022 Repair Parts - FDNAPA AUTO PARTS00014060109923104/08/2022 1,146.00 Dell LatitudeNOW MICRO INC00027966109924104/08/2022 216.00 Postage Meter 1/11/2022 - 4/10/2022PITNEY BOWES00016400109925104/08/2022 120.00 Tegegne NotarySECRETARY OF STATE00019330109926104/08/2022 1,416.00 Sophos Antivirus LicenseSHI INTERNATIONAL CORP00027975109927104/08/2022 5,940.00 Well 4 - Inspection & VideoTRAUT COMPANIES00020705109928104/08/2022 540.69 784 Radio & CableTRUCK CENTER COMPANIES00027878109929104/08/2022 55.00 Apr 2022 Shredding ServiceVETERAN SHREDDING LLC00027643109930104/08/2022 1 TOTALS: 627,693.83 Total of 96 Disbursements: 0.00 Less 0 Void Checks: 627,693.83 Total of 96 Checks: City of Prior Lake Expenditures- Payroll and BenefitsAs of 3/31/2022 (Preliminary & Unaudited)Activity for Activity for Variance from VariancePrevious Month Month 2022 2022 2022 Amended Budget ‐ % BDGTActual YTDfrom 20212/28/2022 3/31/2022 Budget Amended Actual YTD Positive (Negative) USED3/31/2021 Positive (Negative)GENERAL FUNDFunction: General Government41110.00 MAYOR & COUNCIL 4,680                          5,223                          68,728                 68,728                 14,352                 54,376                               21% 15,534                     1,181                                     41320.00 ADMINISTRATION 20,853                        20,743                        276,235               276,235               50,425                 225,810                            18% 40,782                     (9,643)                                    41330.00 BOARDS & COMMISSIONS‐                                   538                             10,765                 10,765                 538                       10,227                               5% 1,154                       615                                         41400.00 CITY CLERK FUNCTIONS 9,779                          12,511                        128,447               128,447               27,527                 100,920                            21% 23,752                     (3,775)                                    41410.00 ELECTIONS 77                                 ‐                                   57,690                 57,690                 77                         57,613                               0%‐                                (77)                                          41520.00 FINANCE 32,970                        34,896                        570,810               570,810               94,945                 475,865                            17% 108,692                   13,747                                   41820.00 HUMAN RESOURCES 22,372                        22,202                        287,689               287,689               56,419                 231,270                            20% 54,501                     (1,918)                                    41830.00 COMMUNICATIONS 7,568                          213                             142,261               142,261               13,346                 128,915                            9% 22,999                     9,653                                     41910.00 COMMUNITY DEVELOPMENT 19,055                        18,566                        335,822               335,822               44,692                 291,130                            13% 60,141                     15,449                                   41920.00 INFORMATION TECHNOLOGY 18,231                        18,017                        239,241               239,241               46,284                 192,957                            19% 44,627                     (1,656)                                    41940.00 FACILITIES ‐ CITY HALL 7,494                          6,642                          88,220                 88,220                 19,096                 69,124                               22% 6,983                       (12,113)                                  Total ‐ Function General Government 143,080                      139,552                      2,205,908            2,205,908            367,702               1,838,206                         17% 379,165                   11,463                                   Function: Public Safety42100.00 POLICE 420,225                      380,075                      5,445,654            5,445,654            1,029,098            4,416,556                         19% 930,936                   (98,162)                                  42200.00 FIRE 58,659                        46,267                        900,773               900,773               118,318               782,455                            13% 101,117                   (17,201)                                  42400.00 BUILDING INSPECTION 55,073                        51,971                        784,947               784,947               137,338               647,609                            17% 132,602                   (4,736)                                    Total ‐ Function Public Safety 533,957                      478,313                      7,131,374            7,131,374            1,284,754            5,846,620                         18% 1,164,655                (120,099)                                Function: Public Works43050.00 ENGINEERING 27,170                        26,809                        359,793               359,793               65,010                 294,783                            18% 63,459                     (1,552)                                    43100.00 STREET 40,840                        34,122                        537,643               537,643               98,018                 439,625                            18% 101,574                   3,555                                     43400.00 CENTRAL GARAGE 20,313                        18,491                        262,456               262,456               50,373                 212,083                            19% 47,903                     (2,471)                                    Total ‐ Function Public Works 88,323                        79,423                        1,159,892            1,159,892            213,402               946,490                            18% 212,935                   (467)                                       Function: Culture and Recreation45100.00 RECREATION 23,025                        19,067                        377,023               377,023               52,927                 324,096                            14% 52,384                     (542)                                       45200.00 PARKS 84,934                        74,639                        1,162,215            1,162,215            206,686               955,529                            18% 173,951                   (32,735)                                  Total ‐ Function Culture and Recreation 107,959                      93,706                        1,539,238            1,539,238            259,613               1,279,625                         17% 226,336                   (33,277)                                  General Fund Payroll Only Expenditures Total 873,319                      790,993                      12,036,412         12,036,412         2,125,471            9,910,941                         18% 1,983,090                (142,380)                                COMPARATIVEAnnual City of Prior Lake Expenditures- Payroll and BenefitsAs of 3/31/2022 (Preliminary & Unaudited)Activity for Activity for Variance from VariancePrevious Month Month 2022 2022 2022 Amended Budget ‐ % BDGTActual YTDfrom 20212/28/2022 3/31/2022 Budget Amended Actual YTD Positive (Negative) USED3/31/2021 Positive (Negative)COMPARATIVEAnnualEDA FUNDFunction:  Economic Development   46500.00 ECONOMIC DEVELOPMENT 8,941                          8,578                          143,239               143,239               24,837                 118,402                            17% 31,184                     6,346                                     EDA Fund Payroll Only Expenditures Total 8,941                          8,578                          143,239               143,239               24,837                 118,402                            17% 31,184                     6,346                                     WATER FUNDFunction: Water41520.00 Finance 6,235                          6,164                          84,371                 84,371                 15,875                 68,496                               19% 15,317                     (558)                                       49400.00 Water 68,874                        65,327                        794,320               794,320               169,411               624,909                            21% 146,790                   (22,621)                                  Water Fund Payroll Only Expenditures Total 75,109                        71,491                        878,691               878,691               185,285               693,406                            21% 162,107                   (23,179)                                  SEWER FUNDFunction: Sewer41520.00 Finance 6,234                          6,163                          84,371                 84,371                 15,872                 68,499                               19% 15,315                     (557)                                       49450.00 Sewer 52,144                        48,502                        786,039               786,039               149,494               636,545                            19% 159,475                   9,981                                     Sewer Fund Payroll Only Expenditures Total 58,378                        54,664                        870,410               870,410               165,366               705,044                            19% 174,790                   9,424                                     STORM WATER FUNDFunction: Storm Water49420.00 Water Quality 27,235                        25,986                        356,875               356,875               73,507                 283,368                            21% 69,192                     (4,315)                                    Storm Water Fund Payroll Only Expenditures Total 27,235                        25,986                        356,875               356,875               73,507                 283,368                            21% 69,192                     (4,315)                                    City‐Wide Total Payroll Expenditures 1,042,982                  951,712                     14,285,627         14,285,627         2,574,467           11,711,160                      18% 2,420,363               (154,104)                                Number of Permits Declared Value Number of Permits Declared Value Single Family Dwellings 18 $7,555,871.00 11 $4,460,949.00 Townhouses (# units) 0 $0.00 0 $0.00 Multiple Units 0 $0.00 0 $0.00 New Commercial Industrial & Commercial 0 $0.00 0 $0.00 Residential 103 $1,103,049.98 94 $1,335,468.53 Industrial & Commercial 3 $48,665.00 4 $378,906.46 Mechanical 80 $0.00 69 $0.00 Mechanical (SF&TH)72 $0.00 44 $0.00 TOTALS 276 $8,707,585.98 222 $6,175,323.99 Number of Permits Declared Value Number of Permits Declared Value Single Family Dwellings 39 $15,721,506.00 34 $13,735,953.00 Townhouses (# units) 0 $0.00 0 $0.00 Multiple Units 0 $0.00 0 $0.00 New Commercial Industrial & Commercial 0 $0.00 1 $1,162,866.00 Residential 177 $2,810,435.98 185 $3,055,294.80 Industrial & Commercial 6 $112,632.59 7 $397,522.46 Mechanical 212 $0.00 213 $0.00 Mechanical (SF & TH)156 $0.00 136 $0.00 TOTALS 590 $18,644,574.57 576 $18,351,636.26 Summary of Fees Collected MARCH 2022 MARCH 2021 YTD 2022 YTD 2021 General Fund $138,468.40 $89,280.83 $292,888.98 $271,849.59 Trunk Reserve Fund $35,305.00 $20,900.00 $86,865.00 $67,300.00 Water Storage Fund $0.00 $0.00 $0.00 $6,160.00 Water and Sewer Fund $14,450.00 $9,100.00 $30,400.00 $30,650.00 Metro Council SAC $44,730.00 $29,820.00 $89,460.00 $89,460.00 State Surcharge $4,162.99 $2,683.70 $9,305.25 $8,774.39 Builders Fees and Deposits $56,125.00 $27,500.00 $159,750.00 $88,800.00 TOTAL $293,241.39 $179,284.53 $668,669.23 $562,993.98 Mary Olson Mary Olson, Building Services Assistant 2022 YEAR TO DATE 2021 YEAR TO DATE New Residential Additions and Alterations Additions and Alterations  Mechanical permits include but are not limited to furnaces, water heaters, softeners, and fireplaces. They are flat-rate permit fees. Mechanical (SF & TH) permits include required plumbing, heating, sewer and water and fireplace permits for new single family residences. They are flat-rate permit fees. CITY OF PRIOR LAKE BUILDING PERMIT SUMMARY MARCH 1, 2022 - MARCH 31, 2022 New Residential MARCH 2022 MARCH 2021 Billing for animal control seruices for the Oty of Prior Lake as per revised agreement with 4 PAWS Animal Control CALLS (MAy rNcruDE MULTTnLE #s prcKED up oN A sTNGLE cALL) 4 PAWS ANIMAL CONTROL SERVICES 8260 McCOLL DR SAVAGEE, MN 55378 952-894-9065 12 MONTH 2022 MONTHLYcosr ANY ADDITIONAL SERVICES TOTALcosr MARCH $2,400.00 $2,400.00 DOG RUNNING LOOSE 10 -IMPOUNDS -1 -RETURN TO OWNER-1 -NOT CLAIMED-0 GONE ON ARRIVAL/UNABLE TO CATCH/CANCEL 5 DOG COMPLAINT WARNING 0 DOG BITE-INCLUDED IN IMPOUNDS/RTO 0 DOG - DOGASSISTANCE 4 CATS RUNNING LOOSE 2 -IMPOUNDS 2 -RETURN TO OWNER 0 -NOT CLAIMED -2 GONE ON ARRTVAUUNABLE TO CATCH/UVETRAP 0 REPTILES 0 DOA/TNJURED WrLD -0 PUBUC SAFETY WILD -o CITY OF PRIOR LAKE /MARCH 2022 ANIMAL SERVICES PLEASE MAKE CHECKS PAYABLE TO 4 PAWS ANIMAL CONTROL 12361 HILISBORO AVE SAVAGE, MN 55378 TREASURER’S REPORT FUND DESCRIPTIONS General Fund - Represents the resources to support general operating budget expenditures of the City. The year- end fund balance represents dollars that have accumulated over a period of time. The City Council has designated a minimum of 45% of the current operating budget, for working capital to finance city operations. Water Fund - For the collection of water billing utility revenue. This enterprise fund balance is allocated for the operational costs of the Water departments and normally reserved for large capital municipal system expenses. Sewer Fund - For the collection of sewer billing utility revenue. This enterprise fund balance is allocated for the operational costs of the Sewer department and normally reserved for large capital municipal system expenses. Water Quality Fund - An enterprise account funded by the storm water charge that is generated on the bi-monthly water and sewer utility bills. The funds in the account are dedicated to finance water quality improvements including departmental administration, storm water maintenance operations and improvement projects related to water quality. Cable Franchise Fund - Acts as a clearing house for funds received from the cable franchise company as specified by ordinance. Capital Park Fund - Dedicated funds received from developers in accordance with the City’s Park Dedication requirement when land is platted. Funds are collected for the purpose of developing the City’s neighborhood park and trail system. These dollars are programmed throughout the course of the City’s Capital Improvement Program. Police Forfeiture Fund – Special revenue fund created to track criminal and DWI forfeiture revenues and expenditures. ED Special Revenue – Reserved and expended at the direction of the Prior Lake Economic Development Authority for specific economic development activity as allowed by MN Statute. The purpose is to provide economic incentives for new business expansion within the community. ED Fed/MN Loan Funds - Accounts for the proceeds of economic development grants received either from the federal government or the State of Minnesota to provide seed money for a revolving loan account. This provides economic incentive for new business expansion within the community. DAG Special Revenue Fund - Special revenue fund related to costs the City incurs in connection with a subdivision. Fees are paid to the City by the developer when the Development Contract and Final Plat are approved by City Council. Revenues are used to pay for legal expenses incurred with review and approval of the plat and inspection services on developer installed-utilities for newly approved subdivisions within Prior Lake. Federal ARPA Fiscal Recovery Fund – Special revenue fund created to track American Rescue Plan Act funds received by the City. Water Revenue Bond Fund – PW Bldg - Debt service fund to pay bonds issued to construct the public works maintenance building. The capital facility charge generated on the utility bill provides the funding for the bond payments which occur semi-annually. Funds are transferred from Sewer and Water Fund. Water Revenue Bond Fund – WT Plant - Debt service fund to pay bonds issued to construct the water treatment plant. Revenue from the utility bills provides the funding for the bond payments which occur semi-annually. Funds are transferred from Sewer and Water Fund. Tax Increment Funds - Represents an accumulation of funds such as bond proceeds and project administration fees charged to companies requesting project write-downs in the form of tax increment financing for new and/or redevelopment. The TIF district property taxes are then deposited in a number of tax increment funds established to track their respective revenue. Revolving Equipment Fund - A regular replacement schedule for equipment needs of the City in excess of $5,000 has been adopted. Periodic fund transfers are appropriated to provide a funding source for the acquisition and purchase of new and replacement vehicles and equipment. Revolving Park Equipment Fund – Consists of funds reserved for the replacement of park equipment. Facilities Management Fund – Established in conjunction with the Facilities Management Plan (FMP). The FMP provides a schedule of major repairs, replacements and upgrades to all of the City facilities. Permanent Improvement Revolving Fund – Consists of funds available for annual street mill and overlay projects with any remaining funds to be used to provide upfront funding for future improvements. Construction Fund - Represent unexpended bond proceeds that are reserved to pay for improvement projects approved by the City Council on an annual basis. These dollars are necessary to complete outstanding construction contracts and related engineering and professional services. Street Oversize Fund - Consists of dedicated revenue generated by fees associated with new development and new construction building permits for the funding of pedestrian related improvements i.e., bikeways, sidewalks, trails plus right of way acquisition along collector streets and occasional collector street links. Trunk Reserve Fund - Consists of dedicated revenue generated from utility connection permits and acreage fees assessed at time of sewer and water installation for the recovering of trunk oversizing costs and central municipal system improvements i.e., wells lift stations, force mains, etc. These dollars are programmed throughout the course of the City’s capital improvement plan. Water Storage Fund - Accounts for the water tower fee that is charged and collected on building permits. This fund balance is 100% reserved for the construction of elevated and ground water storage facilities. Debt Service Funds - Represents prepayments of special assessments, property tax collections and special levies needed to pay the outstanding bonded indebtedness of the City. This fund balance is 100% reserved for the payment of bond principal and interest. Agency Fund - Accounts for the residential building permit deposit that is refunded to the building contractor upon final inspection. This provides financial assurance that the property site will be adequately cleaned up and debris free before an occupancy permit is granted. Severance Compensation Fund – Internal Service Fund established to partially fund the City’s compensated absence liability associated with the accrued vacation and sick leave for employees upon termination as recommended by the State Auditor’s Office. Insurance Fund – Internal Service Fund established to track revenues and expenditures related to insurance funds. City of Prior Lake Treasurers Report January 2022 Fund 1/1/2022 1/31/2022 Fund Type & Name No. Balance Receipts Disbursements Balance Business-Type Funds Water Fund 601 5,903,010.55$ 144,418.60$ 316,836.80$ 5,730,592.35$ Sewer Fund 604 3,291,137.57 131,106.86 270,493.06 3,151,751.37 Water Quality Fund 602 2,067,617.42 35,306.50 49,755.09 2,053,168.83 Total Business-Type Funds 11,261,765.54$ 310,831.96$ 637,084.95$ 10,935,512.55$ Governmental-Type Funds General Fund 101 11,246,373.06$ 866,121.88$ 1,522,588.62$ 10,589,906.32$ Special Revenue Funds Cable Franchise Fund 210 111,427.95$ 5,639.48$ -$ 117,067.43$ Capital Park Fund 225 1,616,794.78 3,546.94 - 1,620,341.72 Police Forfeiture Fund 235 181,547.88 3,637.97 15,278.04 169,907.81 EDA Special Revenue 240 61,974.28 5,801.73 11,094.77 56,681.24 Econ Dev Federal Revolving Loan Fund 250 133,524.00 152.37 - 133,676.37 Econ Dev MN Revolving Loan Fund 255 - - - - Developer Agreement Fund 260 2,019,743.80 - 246,757.00 1,772,986.80 Federal ARPA Fiscal Recovery Fund 265 1,488,634.44 36.58 - 1,488,671.02 Total Special Revenue Funds 5,613,647.13$ 18,815.07$ 273,129.81$ 5,359,332.39$ Capital Project Funds Tax Increment 402 -$ -$ -$ -$ TIF #1-3 413 156,917.93 1,687.01 41,040.11 117,564.83 TIF #3-1 414 351,070.99 400.62 - 351,471.61 TIF #5-1 416 18,974.38 13.00 7,581.22 11,406.16 TIF #6-1 417 620,749.89 533.18 153,517.82 467,765.25 TIF #1-4 418 7,513.13 2,509.19 9,976.21 46.11 TIF #1-5 419 131,922.14 41.40 95,646.79 36,316.75 Revolving Equipment Fund 410 832,817.95 24,310.38 990.44 856,137.89 Revolving Park Equipment Fund 430 1,134,482.50 3,009.38 10,897.15 1,126,594.73 Facilities Management Fund 440 1,339,004.70 42,380.11 53,314.62 1,328,070.19 Permanent Impr Revolving Fund 450 329,039.56 1,644.20 - 330,683.76 Construction Fund 501 1,807,697.26 1,878.87 181,588.38 1,627,987.75 Trunk Reserve Fund 502 5,200,933.62 32,995.32 7,513.00 5,226,415.94 Street Oversize Fund 503 1,419,131.00 1,619.43 - 1,420,750.43 Water Storage Fund 505 - 291.79 - 291.79 Total Capital Project Funds 13,350,255.05$ 113,313.88$ 562,065.74$ 12,901,503.19$ Debt Service Funds 314-351 & 549-573 $ 2,530,938.62 20,331.67$ 2,362.18$ 2,548,908.11$ Agency Fund 801 589,075.00$ 63,625.00$ 3,400.00$ 649,300.00$ Total Governmental Type Funds 33,330,288.86$ 1,082,207.50$ 2,363,546.35$ 32,048,950.01$ Internal Service Funds 7xx 640,495.34$ 4,188.09$ 1,755.46$ 642,927.97$ Total All Funds 45,232,549.74$ 1,397,227.55$ 3,002,386.76$ 43,627,390.53$ Investment Pool & Ratio as of 1/31/2022 99.49% 43,403,412.48$ This report does not reflect financial obligations from contracts, agreements, purchases, services received, etc. City of Prior Lake Treasurers Report January 2022 Fund Type & Name Fund Balance Classification Constraints Business-Type Funds Water Fund Unrestricted Identified on utility bill for this purpose Sewer Fund Unrestricted Identified on utility bill for this purpose Water Quality Fund Unrestricted Identified on utility bill for this purpose Governmental-Type Funds General Fund Unassigned Cash flow, emergencies, one-time opportunities Special Revenue Funds Cable Franchise Fund Assigned for communications Statutory obligation to use for PEG access Capital Park Fund Assigned for capital improvements Contractually obligated; park dedication fees EDA Special Revenue Assigned for development Economic Development Econ Dev Federal Revolving Loan Fund Restricted for economic development Economic Development Econ Dev MN Revolving Loan Fund Restricted for economic development Economic Development Developer Agreement Fund Assigned for development Contractually obligated; Federal ARPA Recovery Funds Restricted for equipment and improvements Contractually obligated Capital Project Funds Tax Increment Restricted for tax increment Contractually obligated by tax increment agreements TIF #1-3 Restricted for tax increment Contractually obligated by tax increment agreements TIF #1-4 Restricted for tax increment Contractually obligated by tax increment agreements TIF #3-1 Restricted for tax increment Contractually obligated by tax increment agreements TIF #4-1 Restricted for tax increment Contractually obligated by tax increment agreements TIF #5-1 Restricted for tax increment Contractually obligated by tax increment agreements TIF #6-1 Restricted for tax increment Contractually obligated by tax increment agreements Revolving Equipment Fund Assigned for capital improvements Identified for equipment replacement Revolving Park Equipment Fund Assigned for capital improvements Identified for park equipment replacement Facilities Management Fund Assigned for capital improvements Identified for funding Facilities Management Plan Permanent Improvement Revolving Fund Assigned for capital improvements Identified for funding street improvement projects Construction Fund Restricted for capital improvements Construction projects in progress Trunk Reserve Fund Assigned for capital improvements Contractually obligated by developer agreements Street Oversize Fund Assigned for capital improvements Contractually obligated by developer agreements Water Storage Fund Assigned for capital improvements Contractually obligated by developer agreements Debt Service Funds Restricted for Debt Service Reserved for contractually obligated debt service Agency Fund N/A Escrows to be reimbursed to depositors Internal Service Funds Unrestricted Identified as payment for severance compensation and insurance TREASURER’S REPORT FUND DESCRIPTIONS General Fund - Represents the resources to support general operating budget expenditures of the City. The year- end fund balance represents dollars that have accumulated over a period of time. The City Council has designated a minimum of 45% of the current operating budget, for working capital to finance city operations. Water Fund - For the collection of water billing utility revenue. This enterprise fund balance is allocated for the operational costs of the Water departments and normally reserved for large capital municipal system expenses. Sewer Fund - For the collection of sewer billing utility revenue. This enterprise fund balance is allocated for the operational costs of the Sewer department and normally reserved for large capital municipal system expenses. Water Quality Fund - An enterprise account funded by the storm water charge that is generated on the bi-monthly water and sewer utility bills. The funds in the account are dedicated to finance water quality improvements including departmental administration, storm water maintenance operations and improvement projects related to water quality. Cable Franchise Fund - Acts as a clearing house for funds received from the cable franchise company as specified by ordinance. Capital Park Fund - Dedicated funds received from developers in accordance with the City’s Park Dedication requirement when land is platted. Funds are collected for the purpose of developing the City’s neighborhood park and trail system. These dollars are programmed throughout the course of the City’s Capital Improvement Program. Police Forfeiture Fund – Special revenue fund created to track criminal and DWI forfeiture revenues and expenditures. ED Special Revenue – Reserved and expended at the direction of the Prior Lake Economic Development Authority for specific economic development activity as allowed by MN Statute. The purpose is to provide economic incentives for new business expansion within the community. ED Fed/MN Loan Funds - Accounts for the proceeds of economic development grants received either from the federal government or the State of Minnesota to provide seed money for a revolving loan account. This provides economic incentive for new business expansion within the community. DAG Special Revenue Fund - Special revenue fund related to costs the City incurs in connection with a subdivision. Fees are paid to the City by the developer when the Development Contract and Final Plat are approved by City Council. Revenues are used to pay for legal expenses incurred with review and approval of the plat and inspection services on developer installed-utilities for newly approved subdivisions within Prior Lake. Federal ARPA Fiscal Recovery Fund – Special revenue fund created to track American Rescue Plan Act funds received by the City. Water Revenue Bond Fund – PW Bldg - Debt service fund to pay bonds issued to construct the public works maintenance building. The capital facility charge generated on the utility bill provides the funding for the bond payments which occur semi-annually. Funds are transferred from Sewer and Water Fund. Water Revenue Bond Fund – WT Plant - Debt service fund to pay bonds issued to construct the water treatment plant. Revenue from the utility bills provides the funding for the bond payments which occur semi-annually. Funds are transferred from Sewer and Water Fund. Tax Increment Funds - Represents an accumulation of funds such as bond proceeds and project administration fees charged to companies requesting project write-downs in the form of tax increment financing for new and/or redevelopment. The TIF district property taxes are then deposited in a number of tax increment funds established to track their respective revenue. Revolving Equipment Fund - A regular replacement schedule for equipment needs of the City in excess of $5,000 has been adopted. Periodic fund transfers are appropriated to provide a funding source for the acquisition and purchase of new and replacement vehicles and equipment. Revolving Park Equipment Fund – Consists of funds reserved for the replacement of park equipment. Facilities Management Fund – Established in conjunction with the Facilities Management Plan (FMP). The FMP provides a schedule of major repairs, replacements and upgrades to all of the City facilities. Permanent Improvement Revolving Fund – Consists of funds available for annual street mill and overlay projects with any remaining funds to be used to provide upfront funding for future improvements. Construction Fund - Represent unexpended bond proceeds that are reserved to pay for improvement projects approved by the City Council on an annual basis. These dollars are necessary to complete outstanding construction contracts and related engineering and professional services. Street Oversize Fund - Consists of dedicated revenue generated by fees associated with new development and new construction building permits for the funding of pedestrian related improvements i.e., bikeways, sidewalks, trails plus right of way acquisition along collector streets and occasional collector street links. Trunk Reserve Fund - Consists of dedicated revenue generated from utility connection permits and acreage fees assessed at time of sewer and water installation for the recovering of trunk oversizing costs and central municipal system improvements i.e., wells lift stations, force mains, etc. These dollars are programmed throughout the course of the City’s capital improvement plan. Water Storage Fund - Accounts for the water tower fee that is charged and collected on building permits. This fund balance is 100% reserved for the construction of elevated and ground water storage facilities. Debt Service Funds - Represents prepayments of special assessments, property tax collections and special levies needed to pay the outstanding bonded indebtedness of the City. This fund balance is 100% reserved for the payment of bond principal and interest. Agency Fund - Accounts for the residential building permit deposit that is refunded to the building contractor upon final inspection. This provides financial assurance that the property site will be adequately cleaned up and debris free before an occupancy permit is granted. Severance Compensation Fund – Internal Service Fund established to partially fund the City’s compensated absence liability associated with the accrued vacation and sick leave for employees upon termination as recommended by the State Auditor’s Office. Insurance Fund – Internal Service Fund established to track revenues and expenditures related to insurance funds. City of Prior Lake Treasurers Report February 2022 Fund 2/1/2022 2/28/2022 Fund Type & Name No. Balance Receipts Disbursements Balance Business-Type Funds Water Fund 601 5,730,592.35$ 609,066.62$ 237,911.93$ 6,101,747.04$ Sewer Fund 604 3,151,751.37 687,945.76 262,937.18 3,576,759.95 Water Quality Fund 602 2,053,168.83 186,178.52 57,780.98 2,181,566.37 Total Business-Type Funds 10,935,512.55$ 1,483,190.90$ 558,630.09$ 11,860,073.36$ Governmental-Type Funds General Fund 101 10,589,906.32$ 672,095.18$ 1,225,547.41$ 10,036,454.09$ Special Revenue Funds Cable Franchise Fund 210 117,067.43$ 84.29$ -$ 117,151.72$ Capital Park Fund 225 1,620,341.72 2,968.01 - 1,623,309.73 Police Forfeiture Fund 235 169,907.81 122.34 - 170,030.15 EDA Special Revenue 240 56,681.24 2,084.76 9,066.24 49,699.76 Econ Dev Federal Revolving Loan Fund 250 133,676.37 96.25 - 133,772.62 Econ Dev MN Revolving Loan Fund 255 - - - - Developer Agreement Fund 260 1,772,986.80 - 5,777.52 1,767,209.28 Federal ARPA Fiscal Recovery Fund 265 1,488,671.02 33.07 - 1,488,704.09 Total Special Revenue Funds 5,359,332.39$ 5,388.72$ 14,843.76$ 5,349,877.35$ Capital Project Funds Tax Increment 402 -$ -$ -$ -$ TIF #1-3 413 117,564.83 84.65 - 117,649.48 TIF #3-1 414 351,471.61 253.07 - 351,724.68 TIF #5-1 416 11,406.16 8.21 - 11,414.37 TIF #6-1 417 467,765.25 336.81 - 468,102.06 TIF #1-4 418 46.11 - - 46.11 TIF #1-5 419 36,316.75 26.15 - 36,342.90 Revolving Equipment Fund 410 856,137.89 611.32 7,129.76 849,619.45 Revolving Park Equipment Fund 430 1,126,594.73 806.01 7,191.34 1,120,209.40 Facilities Management Fund 440 1,328,070.19 27,966.73 12,459.90 1,343,577.02 Permanent Impr Revolving Fund 450 330,683.76 238.11 - 330,921.87 Construction Fund 501 1,627,987.75 86,659.70 20,864.74 1,693,782.71 Trunk Reserve Fund 502 5,226,415.94 29,180.18 - 5,255,596.12 Street Oversize Fund 503 1,420,750.43 1,023.00 - 1,421,773.43 Water Storage Fund 505 291.79 292.16 - 583.95 Total Capital Project Funds 12,901,503.19$ 147,486.10$ 47,645.74$ 13,001,343.55$ Debt Service Funds 314-351 & 549-573 $ 2,548,908.11 1,833.31$ -$ 2,550,741.42$ Agency Fund 801 649,300.00$ 40,000.00$ 3,100.00$ 686,200.00$ Total Governmental Type Funds 32,048,950.01$ 866,803.31$ 1,291,136.91$ 31,624,616.41$ Internal Service Funds 7xx 642,927.97$ 3,797.51$ -$ 646,725.48$ Total All Funds 43,627,390.53$ 2,353,791.72$ 1,849,767.00$ 44,131,415.25$ Investment Pool & Ratio as of 2/28/2022 97.25% 42,918,368.37$ This report does not reflect financial obligations from contracts, agreements, purchases, services received, etc. City of Prior Lake Treasurers Report February 2022 Fund Type & Name Fund Balance Classification Constraints Business-Type Funds Water Fund Unrestricted Identified on utility bill for this purpose Sewer Fund Unrestricted Identified on utility bill for this purpose Water Quality Fund Unrestricted Identified on utility bill for this purpose Governmental-Type Funds General Fund Unassigned Cash flow, emergencies, one-time opportunities Special Revenue Funds Cable Franchise Fund Assigned for communications Statutory obligation to use for PEG access Capital Park Fund Assigned for capital improvements Contractually obligated; park dedication fees EDA Special Revenue Assigned for development Economic Development Econ Dev Federal Revolving Loan Fund Restricted for economic development Economic Development Econ Dev MN Revolving Loan Fund Restricted for economic development Economic Development Developer Agreement Fund Assigned for development Contractually obligated; Federal ARPA Recovery Funds Restricted for equipment and improvements Contractually obligated Capital Project Funds Tax Increment Restricted for tax increment Contractually obligated by tax increment agreements TIF #1-3 Restricted for tax increment Contractually obligated by tax increment agreements TIF #1-4 Restricted for tax increment Contractually obligated by tax increment agreements TIF #3-1 Restricted for tax increment Contractually obligated by tax increment agreements TIF #4-1 Restricted for tax increment Contractually obligated by tax increment agreements TIF #5-1 Restricted for tax increment Contractually obligated by tax increment agreements TIF #6-1 Restricted for tax increment Contractually obligated by tax increment agreements Revolving Equipment Fund Assigned for capital improvements Identified for equipment replacement Revolving Park Equipment Fund Assigned for capital improvements Identified for park equipment replacement Facilities Management Fund Assigned for capital improvements Identified for funding Facilities Management Plan Permanent Improvement Revolving Fund Assigned for capital improvements Identified for funding street improvement projects Construction Fund Restricted for capital improvements Construction projects in progress Trunk Reserve Fund Assigned for capital improvements Contractually obligated by developer agreements Street Oversize Fund Assigned for capital improvements Contractually obligated by developer agreements Water Storage Fund Assigned for capital improvements Contractually obligated by developer agreements Debt Service Funds Restricted for Debt Service Reserved for contractually obligated debt service Agency Fund N/A Escrows to be reimbursed to depositors Internal Service Funds Unrestricted Identified as payment for severance compensation and insurance City of Prior Lake General Fund Summary - Comparison to Prior Year As of 12/31/2021 (Preliminary & Unaudited)Variance from Variance2021 2021 2021 Amended Budget ‐ % BDGT Actual from 2020Budget Amended Actual Positive (Negative) USED12/31/2020Positive (Negative)RevenuesTaxes 9,433,959            9,433,959            9,461,734            27,775                                   100% 8,923,243            538,491                                 Licenses and Permits795,551               795,551               999,906               204,355                                 126% 900,601               99,305                                   Intergovernmental 2,160,235            2,160,235            2,323,535            163,300                                 108% 4,092,579            (1,769,044)                            Charges for Services1,800,172            1,800,172            2,191,215            391,043                                 122% 1,752,322            438,893                                 Fines and Forfeitures‐                         ‐                        38                         38                                           n/a 1,652                   (1,614)                                    Interest (losses) on investments86,800                 86,800                 (83,582)                (170,382)                                 ‐96% 186,820               (270,402)                                Other154,000               154,000               748,664               594,664                                 486% 167,399               581,265                                 Transfers in 523,000               523,000               523,000                ‐                                          100% 470,000               53,000                                   Total Revenues14,953,717         14,953,717         16,164,510         1,210,793                              108% 16,494,616         (330,106)                                ExpendituresGeneral Government3,269,647            3,287,247            3,270,526            16,721                                   99% 3,377,440            106,914                                 Public Safety7,154,410            7,422,684            7,294,617            128,067                                 98% 6,740,048            (554,569)                                Public Works 2,245,916            2,245,916            2,159,850            86,066                                   96% 1,999,413            (160,437)                                Culture and Recreation2,154,169            2,154,169            2,010,386            143,783                                 93% 1,628,774            (381,612)                                Transfer to other funds253,575               1,112,697            1,112,697             ‐                                          100% 538,018               (574,679)                                Total Expenditures15,077,717         16,222,713         15,848,076         374,637                                 98% 14,283,693         (1,564,383)                            Net Change(124,000)              (1,268,996)          316,434               1,585,430                              2,210,923            COMPARATIVE City of Prior Lake General Fund Revenues As of 12/31/2021 (Preliminary & Unaudited)Variance from Variance2021 2021 2021 Amended Budget ‐ % BDGT Actual from 2020Budget Amended Actual Positive ( Negative) USED12/31/2020Positive (Negative)Taxes101 31010.00 Current Property Taxes  ‐ General Purpos 8,331,582            8,331,582            8,318,564            (13,018)                                   100% 7,899,310            419,254                                  101 31020.00 Delinquent Property Taxes ‐ General Purp‐                              ‐                             47,700                 47,700                                    n/a 32,451                 15,249                                    101 31040.00 Fiscal Disparities 1,102,377            1,102,377            1,095,470            (6,907)                                     99% 991,482               103,988                                  Taxes9,433,959            9,433,959            9,461,734            27,775                                    100% 8,923,243            538,491                                  Licenses and Permits101 32100.00 Business Licenses 735                       735                       735                        ‐                                               100% 840                       (105)                                        101 32110.00 Liquor Licenses 75,790                 75,790                 71,565                 (4,225)                                     94% 3,990                    67,575                                    101 32160.00 Refuse Haulers 4,500                    4,500                    5,335                    835                                          119% 4,585                    750                                          101 32175.00 Public Private Gathering Permit 720                       720                       690                       (30)                                           96% 170                       520                                          101 32180.00 Cigarette Licenses 2,040                    2,040                    1,785                    (255)                                        88% 2,040                    (255)                                        101 32190.00 Community Event Application‐                              ‐                             4,285                    4,285                                      n/a 450                       3,835                                      101 32210.00 Building Permits 546,300               546,300               745,088               198,788                                  136% 743,284               1,804                                      101 32211.00 Retainage Forfeiture‐                              ‐                             45,056                 45,056                                    n/a‐                             45,056                                    101 32215.00 Mechanical Permits 87,300                 87,300                 56,324                 (30,976)                                   65% 72,256                 (15,932)                                   101 32230.00 Plumbing Permits 62,573                 62,573                 51,769                 (10,804)                                   83% 55,401                 (3,632)                                     101 32231.00 Sewer/Water Inspection 7,063                    7,063                    9,369                    2,306                                      133% 9,990                    (621)                                        101 32232.00 Plumbing Registrations 1,250                    1,250                    2,310                    1,060                                      185% 1,050                    1,260                                      101 32260.00 Burning Permits 4,000                    4,000                    4,160                    3,000                                      104% 3,880                    280                                          101 32270.00 Short‐term Rental Fee 3,280                    3,280                    1,435                    (1,845)                                     44% 2,665                    (1,230)                                     Licenses and Permits 795,551               795,551               999,906               204,355                                  126% 900,601               99,305                                    Intergovernmental101 33160.10 Fed Aids/Grants ‐ Operating Grants‐                              ‐                              ‐                              ‐                                               n/a 1,951,401            (1,951,401)                             101 33160.11 Fed Aids/Grants ‐ Operating Police 10,500                 10,500                  ‐                             (10,500)                                   0% 6,394                    (6,394)                                     101 33401.00 Local Government Aid 11,905                 11,905                  ‐                             (11,905)                                   0%‐                              ‐                                               101 33416.01 State Aid ‐ Police Train 24,000                 24,000                 30,911                 6,911                                      129% 25,405                 5,506                                      101 33416.02 State Police Aid‐Ins Prem 229,000               229,000               261,988               32,988                                    114% 258,328               3,660                                      101 33417.00 State Aid ‐ Fire Training 15,000                 15,000                 41,919                 26,919                                    279%‐                             41,919                                    101 33418.00 State Road & Bridge Aid 377,000               377,000               361,833               (15,167)                                   96% 417,958               (56,125)                                   101 33420.00 State Fire Aid‐Ins. Prem. 237,000               237,000               260,564               23,564                                    110% 248,275               12,289                                    101 33422.10 State Aids/Grants ‐ Operating Grants 65,000                 65,000                 65,000                  ‐                                               100% 11,485                 53,515                                    101 33422.11 State Aids/Grants ‐ Operating Police 4,200                    4,200                    4,642                    442                                          111% 6,529                    (1,887)                                     101 33423.00 Market Value Credit Aid‐                              ‐                             579                       579                                          n/a 539                       40                                            101 33610.11 County Aids/Grants ‐ Operating Grants‐                              ‐                             1,000                    1,000                                      n/a 1,000                     ‐                                               101 33610.11 County Aids/Grants ‐ Operating Police‐                              ‐                             4,124                    4,124                                      n/a‐                             4,124                                      101 33620.00 Township Fire & Resc Aid 430,540               430,540               429,675               (865)                                        100% 365,765               63,910                                    101 33621.00 Liaison Aid 56,090                 56,090                 61,300                 5,210                                      109% 54,670                 6,630                                      100 33630.00 Metro Council Grants‐                              ‐                              ‐                              ‐                                               n/a 16,000                 (16,000)                                   101 33631.00 Payment in Lieu of Taxes 700,000               700,000               800,000               100,000                                  114% 700,000               100,000                                  101 33700.10 Miscellaneous Grants ‐ Operating Grants‐                              ‐                              ‐                              ‐                                               n/a 22,830                 (22,830)                                   101 33700.11 Miscellaneous Grants ‐ Operating Police‐                              ‐                              ‐                              ‐                                               n/a 6,000                    (6,000)                                     Intergovernmental 2,160,235            2,160,235            2,323,535            163,300                                  108% 4,092,579            (1,769,044)                             COMPARATIVE City of Prior Lake General Fund Revenues As of 12/31/2021 (Preliminary & Unaudited)Variance from Variance2021 2021 2021 Amended Budget ‐ % BDGT Actual from 2020Budget Amended Actual Positive ( Negative) USED12/31/2020Positive (Negative)COMPARATIVECharges for Services101 31810.00 Franchise Taxes 637,000               637,000               662,709               25,709                                    104% 670,917               (8,208)                                     101 34103.00 Zoning & Subdivision Fees 30,000                 30,000                 44,551                 14,551                                    149% 36,370                 8,181                                      101 34104.00 Plan Check Fees 300,424               300,424               378,103               77,679                                    126% 397,284               (19,181)                                   101 34105.00 Sale of Maps/Publications ‐ Reports 500                       500                       1,055                    555                                          211% 720                       335                                          101 34107.00 Assessment Searches ‐ Reports 500                       500                       675                       175                                          135% 1,475                    (800)                                        101 34108.00 Street Chip Seal Fee‐New Development‐                              ‐                             88,430                 88,430                                    n/a‐                             88,430                                    101 34109.00 Project Admin/Eng Fees 122,000               122,000               143,888               21,888                                    118% 21,190                 122,698                                  101 34203.00 Accident/Warrant Reports ‐ Reports 300                       300                       351                       51                                            117% 174                       177                                          101 34731.00 Adult League Fees 10,000                 10,000                 4,480                    (5,520)                                     45% 270                       4,210                                      101 34735.00 Recreation Program Fees 43,000                 43,000                 88,360                 45,360                                    205% 29,382                 58,978                                    101 34735.01 Recreation Program Fees Regular 9,000                    9,000                    10,274                 1,274                                      114% 6,696                    3,578                                      101 34760.01 Facility Rental ‐ Regular 37,349                 37,349                 46,265                 8,916                                      124% 36,374                 9,891                                      101 34761.00 Studio/Pavilion Rental 24,000                 24,000                 27,051                 3,051                                      113% 9,752                    17,299                                    101 34762.00 Park Shelter Rental 83,200                 83,200                 84,862                 1,662                                      102% 86,782                 (1,920)                                     101 34765.01 Tower Leases 306,324               306,324               407,915               101,591                                  133% 305,566               102,349                                  101 34780.00 Park Admission Fees 30,000                 30,000                 37,066                 7,066                                      124% 40,652                 (3,586)                                     101 34783.00 City Contract Services 166,575               166,575               165,180               (1,395)                                     99% 87,913                 77,267                                    101 36220.16 Prof Services Fee Deposit Bldg Inspectio‐                              ‐                              ‐                              ‐                                               n/a 20,805                 (20,805)                                   Charges for Services 1,800,172            1,800,172            2,191,215            391,043                                  122% 1,752,322            438,893                                  Fines and Forfeitures101 35101.00 County Court Fines‐                              ‐                              ‐                              ‐                                               n/a 300                       (300)                                        101 35104.00 Prosecution Restitution‐                              ‐                             38                          38                                            n/a 1,352                    (1,314)                                     Fines and Forfeitures‐                              ‐                             38                          38                                            n/a 1,652                    (1,614)                                     Interest (losses) on investments101 36210.00 Interest Earnings 86,800                 86,800                 142,737               55,937                                    164% 153,053               (10,316)                                   101 36215.00 Amortization ‐ Premium/Discount‐                              ‐                             (100,471)              (100,471)                                n/a (66,083)                (34,388)                                   101 36225.00 Unrealized Inv.Gain(Loss)‐                              ‐                             (129,724)              (129,724)                                n/a 99,850                 (229,574)                                101 36226.00 Realized Inv.Gain(Loss)‐                              ‐                             3,876                    3,876                                      n/a‐                             3,876                                      Interest (losses) on investments 86,800                 86,800                 (83,582)                (170,382)                                 ‐96% 186,820               (270,402)                                Other Miscellaneous Revenues101 36101.00 City Assess. Collection‐                              ‐                             1,180                    1,180                                      n/a‐                             1,180                                      101 36102.00 County Assess. Collection‐                              ‐                             4,302                    4,302                                      n/a 5,457                    (1,155)                                     101 36211.00 Developer Agreements 130,000               130,000               457,776               327,776                                  352% 62,062                 395,714                                  101 36212.00 Miscellaneous Revenue 24,000                 24,000                 216,771               192,771                                  903% 82,543                 134,228                                  101 36230.00 Contributions & Donations‐                              ‐                             38,613                 38,613                                    n/a 14,734                 23,879                                    101 39102.00 Sale of Property‐                              ‐                             30,022                 30,022                                    n/a 2,603                    27,419                                    Other Miscellaneous Revenues 154,000               154,000               748,664               594,664                                  486% 167,399               581,265                                  Other financing sources101 39203.00 Transfer from Other Funds 523,000               523,000               523,000                ‐                                               100% 470,000               53,000                                     City of Prior Lake General Fund Revenues As of 12/31/2021 (Preliminary & Unaudited)Variance from Variance2021 2021 2021 Amended Budget ‐ % BDGT Actual from 2020Budget Amended Actual Positive ( Negative) USED12/31/2020Positive (Negative)COMPARATIVEOther financing sources 523,000               523,000               523,000                ‐                                               100% 470,000               53,000                                    Total Revenues14,953,717         14,953,717         16,164,510         1,210,793                              108% 16,494,616         (330,106)                                 City of Prior Lake General Fund Expenditures As of 12/31/2021 (Preliminary & Unaudited)Variance from Variance2021 2021 2021 Amended Budget ‐ % BDGTActual from 2020Budget Amended Actual Positive ( Negative) USED12/31/2020Positive (Negative)Function: General Government41110.00 MAYOR & COUNCIL74,934                 74,934                 71,698                 3,236                                      96% 65,689                 (6,009)                                     41130.00 ORDINANCE 6,000                    6,000                    5,820                    180                                         97% 5,440                    (380)                                        41320.00 ADMINISTRATION 270,152               270,152               315,333               (45,181)                                   117% 317,737               2,404                                      41330.00 BOARDS & COMMISSIONS11,365                 11,365                 7,612                    3,753                                      67% 5,507                    (2,105)                                     41400.00 CITY CLERK 122,272               122,272               121,819               453                                         100% 117,161               (4,658)                                     41410.00 ELECTIONS 7,000                    7,000                    690                       6,310                                      10% 58,393                 57,703                                    41520.00 FINANCE 565,250               565,250               566,980               (1,730)                                     100% 499,896               (67,084)                                   41540.00 INTERNAL AUDITING 41,200                 41,200                 40,333                 867                                         98% 31,184                 (9,149)                                     41550.00 ASSESSING 224,260               224,260               223,111               1,149                                      99% 216,236               (6,875)                                     41610.00 LEGAL 180,000               180,000               181,237               (1,237)                                     101% 193,279               12,042                                    41820.00 HUMAN RESOURCES 316,074               333,674               323,917               9,757                                      97% 303,207               (20,710)                                   41830.00 COMMUNICATIONS 162,070               162,070               159,303               2,767                                      98% 150,043               (9,260)                                     41910.00 COMMUNITY DEVELOPMENT379,924               379,924               345,583               34,341                                    91% 450,151               104,568                                  41920.00 INFORMATION TECHNOLOGY 385,116               385,116               383,534               1,582                                      100% 470,646               87,112                                    41940.00 FACILITIES ‐ CITY HALL 524,030               524,030               523,556               474                                         100% 492,871               (30,685)                                   Total ‐ Function General Government 3,269,647            3,287,247            3,270,526            16,721                                    99% 3,377,440            106,914                                  Function: Public Safety42100.00 POLICE 5,303,369            5,539,473            5,411,228            128,245                                  98% 5,026,592            (384,636)                                42200.00 FIRE 1,076,350            1,108,520            1,135,252            (26,732)                                   102% 995,854               (139,398)                                42400.00 BUILDING INSPECTION 730,801               730,801               718,117               12,684                                    98% 678,072               (40,045)                                   42500.00 EMERGENCY MANAGEMENT15,090                 15,090                 1,220                    13,870                                    8% 10,335                 9,115                                      42700.00 ANIMAL CONTROL28,800                 28,800                 28,800                  ‐                                              100% 29,195                 395                                         Total ‐ Function Public Safety 7,154,410            7,422,684            7,294,617            128,067                                  98% 6,740,048            (554,569)                                Function: Public Works43050.00 ENGINEERING 389,105               389,105               426,592               (37,487)                                   110% 356,124               (70,468)                                   43100.00 STREET 1,365,438            1,365,438            1,225,909            139,529                                  90% 1,173,053            (52,856)                                   43400.00 CENTRAL GARAGE 491,373               491,373               446,731               44,642                                    91% 470,236               23,505                                    43600.00 DEVELOPMENT PROJECTS‐                              ‐                             60,618                 (60,618)                                   n/a‐                             (60,618)                                   Total ‐ Function Public Works 2,245,916            2,245,916            2,159,850            86,066                                    96% 1,999,413            (160,437)                                Function: Culture and Recreation45100.00 RECREATION 481,813               481,813               477,156               4,657                                      99% 338,776               (138,380)                                45200.00 PARKS 1,604,132            1,604,132            1,473,942            130,190                                  92% 1,227,649            (246,293)                                45500.00 LIBRARIES 68,224                 68,224                 59,288                 8,936                                      87% 62,349                 3,061                                      Total ‐ Function Culture and Recreation 2,154,169            2,154,169            2,010,386            143,783                                  93% 1,628,774            (381,612)                                00000.00 Transfer to Other Funds 253,575               1,112,697            1,112,697             ‐                                              100% 538,018               (574,679)                                Total Expenditures15,077,717         16,222,713         15,848,076         374,637                                  98% 14,283,693         (1,564,383)                             COMPARATIVE City of Prior LakeExpenditures- Personal Services Category Only (Payroll/Taxes/Benefits) As of 12/31/2021(Preliminary & Unaudited)Variance from Variance2021 2021 2021 Amended Budget ‐ % BDGT Actual from 2020Budget Amended Actual Positive ( Negative) USED12/31/2020Positive (Negative)GENERAL FUNDFunction: General Government41110.00 MAYOR & COUNCIL 66,234                 66,234                    65,163                 1,071                                98% 61,277                     (3,886)                                   41320.00 ADMINISTRATION 197,222               197,222                 236,403               (39,181)                             120% 243,542                   7,139                                     41330.00 BOARDS & COMMISSIONS 10,765                 10,765                    7,612                   3,153                                71% 5,306                       (2,306)                                   41400.00 CITY CLERK FUNCTIONS 120,422               120,422                 121,143               (721)                                  101% 115,546                   (5,597)                                   41410.00 ELECTIONS 3,500                   3,500                      671                      2,829                                19% 43,468                     42,797                                   41520.00 FINANCE 537,955               537,955                 544,592               (6,637)                               101% 481,375                   (63,217)                                 41820.00 HUMAN RESOURCES 271,624               271,624                 273,005               (1,381)                               101% 269,686                   (3,319)                                   41830.00 COMMUNICATIONS 128,054               128,054                 126,814               1,240                                99% 111,307                   (15,507)                                 41910.00 COMMUNITY DEVELOPMENT 317,724               317,724                 309,444               8,280                                97% 304,332                   (5,112)                                   41920.00 INFORMATION TECHNOLOGY 225,935               225,935                 222,025               3,910                                98% 141,468                   (80,557)                                 41940.00 FACILITIES ‐ CITY HALL 91,018                 91,018                    71,775                 19,243                              79% 61,742                     (10,033)                                 Total ‐ Function General Government 1,970,453           1,970,453              1,978,647           (8,194)                               100% 1,839,049               (139,598)                               Function: Public Safety42100.00 POLICE 4,736,215           4,939,965              4,941,449           (1,484)                               100% 4,543,382               (398,067)                               42200.00 FIRE 760,123               792,293                 835,659               (43,366)                             105% 759,661                   (75,998)                                 42400.00 BUILDING INSPECTION 679,565               679,565                 664,385               15,180                              98% 614,708                   (49,677)                                 Total ‐ Function Public Safety 6,175,903           6,411,823              6,441,493           (29,670)                             100% 5,917,751               (523,742)                               Function: Public Works43050.00 ENGINEERING 350,041               350,041                 338,850               11,191                              97% 316,767                   (22,083)                                 43100.00 STREET 503,876               503,876                 517,548               (13,672)                             103% 470,932                   (46,616)                                 43400.00 CENTRAL GARAGE 247,198               247,198                 234,597               12,601                              95% 232,956                   (1,641)                                   Total ‐ Function Public Works 1,101,115           1,101,115              1,090,995           10,120                              99% 1,020,655               (70,340)                                 Function: Culture and Recreation45100.00 RECREATION 360,011               360,011                 327,142               32,869                              91% 249,413                   (77,729)                                 45200.00 PARKS 1,081,258           1,081,258              974,139               107,119                            90% 863,292                   (110,847)                               Total ‐ Function Culture and Recreation 1,441,269           1,441,269              1,301,281           139,988                            90% 1,112,705               (188,576)                               General Fund Payroll Only Expenditures Total 10,688,740         10,924,660            10,812,416         112,244                            99% 9,890,160               (922,256)                               EDA FUNDFunction:  Economic Development   46500.00 ECONOMIC DEVELOPMENT 135,544               135,544                 133,201               2,343                                98% 137,006                   3,805                                     EDA Fund Payroll Only Expenditures Total 135,544               135,544                 133,201               2,343                                98% 137,006                   3,805                                     COMPARATIVE City of Prior LakeExpenditures- Personal Services Category Only (Payroll/Taxes/Benefits) As of 12/31/2021(Preliminary & Unaudited)Variance from Variance2021 2021 2021 Amended Budget ‐ % BDGT Actual from 2020Budget Amended Actual Positive ( Negative) USED12/31/2020Positive (Negative)COMPARATIVEWATER FUNDFunction: Water41520.00 Finance 76,881                 76,881                    72,498                 4,383                                94% 75,254                     2,756                                     49400.00 Water 749,281               749,281                 727,188               22,093                              97% 686,466                   (40,722)                                 Water Fund Payroll Only Expenditures Total 826,162               826,162                 799,686               26,476                              97% 761,720                   (37,966)                                 SEWER FUNDFunction: Sewer41520.00 Finance 76,881                 76,881                    72,488                 4,393                                94% 75,310                     2,822                                     49450.00 Sewer 731,502               731,502                 660,366               71,136                              90% 726,057                   65,691                                   Sewer Fund Payroll Only Expenditures Total 808,383               808,383                 732,854               75,529                              91% 801,367                   68,513                                   STORM WATER FUNDFunction: Storm Water49420.00 Water Quality 366,879               366,879                 315,252               51,627                              86% 343,056                   27,804                                   Storm Water Fund Payroll Only Expenditures Total 366,879               366,879                 315,252               51,627                              86% 343,056                   27,804                                   City‐Wide Total Payroll Expenditures 12,825,708         13,061,628            12,793,409         268,219                            98% 11,933,309             (860,100)                                City of Prior Lake Debt Service Funds As of 12/31/2021 (Preliminary & Unaudited)Variance from Variance2021 2021 2021 Amended Budget ‐ % BDGT Actual from 2020Budget Amended Actual Positive ( Negative) USED12/31/2020Positive (Negative)RevenuesProperty TaxesCurrent Property Taxes 3,121,498           3,121,498           3,129,094           7,596                                     100% 3,316,381           (187,287)                               Special AssessmentsCity Assess. Collections‐                             ‐                            223,258               223,258                                n/a 126,416               96,842                                   County Assess. Collection 446,370               446,370               428,338               (18,032)                                 96% 490,209               (61,871)                                 Interest (losses) on investmentsInterest Earnings 46,406                 46,406                 52,134                 5,728                                     112% 69,502                 (17,368)                                 Unrealized Inv.Gain(Loss)‐                             ‐                            (56,797)               (56,797)                                 n/a 48,019                 (104,816)                               Other Financing SourcesTransfer from Other Funds 1,206,925           1,206,925           1,564,767           357,842                                130% 1,260,291           304,476                                Bond Proceeds‐                             ‐                            8,876,530           8,876,530                             n/a‐                            8,876,530                             Bond Discount/Premium‐                             ‐                            1,326,442           1,326,442                             n/a‐                            1,326,442                             Total Revenues4,821,199           4,821,199           15,543,766         10,722,567                           322% 5,310,818           10,232,948                           ExpendituresDebt ServicePrincipal 4,274,858           4,274,858           3,489,859           784,999                                82% 4,199,126           709,267                                Interest and Other 965,899               965,899               904,353               61,546                                   94% 1,118,104           213,751                                Refunded Bond Escrow Pmts‐                             ‐                            10,048,295         (10,048,295)                         n/a‐                            (10,048,295)                         Bond Issuance Costs 2,870                   2,870                   128,876               (126,006)                               4490% 7,230                   (121,646)                               Transfers to Other Funds 75,000                 75,000                 1,463,144           (1,388,144)                            1951% 155,645               (1,307,499)                            Total Expenditures5,318,627           5,318,627           16,034,527         (10,715,900)                         301% 5,480,105           (10,554,422)                         Net Change(497,428)             (497,428)             (490,761)             (169,287)             COMPARATIVE City of Prior Lake Cable Fund As of 12/31/2021 (Preliminary & Unaudited)Variance from Variance2021 2021 2021 Amended Budget ‐ % BDGT Actual from 2020Budget Amended Actual Positive ( Negative) USED12/31/2020Positive (Negative)RevenuesCharges for Services210‐41340.00‐34304.00PEG Access Fees 28,000                 28,000                 23,252                 (4,748)                                   83% 31,276                 (8,024)                                   Interest (losses) on investments210‐41340.00‐36210.00Interest Earnings‐                             ‐                            1,536                   1,536                                     n/a 1,463                   73                                          210‐41340.00‐36225.00Unrealized Inv. Gain (Loss)‐                             ‐                            (1,433)                  (1,433)                                   n/a 1,204                   (2,637)                                   Total Revenues28,000                 28,000                 23,355                 (4,645)                                   83% 33,943                 (10,588)                                 ExpendituresCurrent Expenditures210‐41340.00‐52400.20Small  Equipment ‐ Technology‐                             ‐                            1,407                   (1,407)                                   n/a 296                      (1,111)                                   210‐41340.00‐53210.00Telecommunications‐                             ‐                             ‐                             ‐                                             n/a 4,427                   4,427                                     Capital Outlay210‐41340.00‐55570.00Machinery and Equipment‐                             ‐                            3,641                   (3,641)                                   n/a 6,398                   2,757                                     Total Expenditures‐                             ‐                            5,048                   (5,048)                                   n/a 11,121                 6,073                                     Net Change28,000                 28,000                 18,307                 22,822                 COMPARATIVE City of Prior Lake Capital Park Fund As of 12/31/2021 (Preliminary & Unaudited)Variance from Variance2021 2021 2021 Amended Budget ‐ % BDGTActual from 2020Budget Amended Actual Positive ( Negative) USED12/31/2020Positive (Negative)RevenuesCharges for Services225‐45200.00‐34760.01 Facility Rental ‐ Regular 24,000                 24,000                 23,400                 (600)                                       98% 24,000                 (600)                                       225‐45200.00‐34791.00 Dedication Fees 431,000               431,000               630,252               199,252                                146% 150,820               479,432                                Charges for Services 455,000               455,000               653,652               198,652                                144% 174,820               478,832                                Interest (losses) on investments225‐00000.00‐36210.00 Interest Earnings 22,700                 22,700                 23,942                 1,242                                     105% 33,952                 (10,010)                                 225‐00000.00‐36225.00 Unrealized Inv.Gain(Loss)‐                             ‐                            (22,699)               (22,699)                                 n/a 29,629                 (52,328)                                 Interest (losses) on investments 22,700                 22,700                 1,243                   (21,457)                                 5% 63,581                 (62,338)                                 Contributions and donations225‐00000.00‐36230.00 Contributions & Donations 18,597                 18,597                 41,406                 22,809                                   223% 30,130                 11,276                                   Contributions and donations 18,597                 18,597                 41,406                 22,809                                   223% 30,130                 11,276                                   Total Revenues496,297               496,297               696,301               200,004                                140% 268,531               427,770                                Expenditures54320.00 Miscellaneous‐                             ‐                            1,197                   (1,197)                                   n/a‐                            (1,197)                                   53100.80 Professional Services‐General‐                             ‐                            15,931                 (15,931)                                 n/a 11,152                 (4,779)                                   55010.00 Projects ‐ Contract Vouchers‐                             ‐                            198,309               (198,309)                               n/a 252,311               54,002                                   55020.00 Projects ‐ Engineering‐                             ‐                            116,696               (116,696)                               n/a 101,147               (15,549)                                 55530.00 Infrastructure 956,000               956,000               418,052               537,948                                44% 4,296                   (413,756)                               Total Expenditures956,000               956,000               750,185               205,815                                78% 368,906               (381,279)                               Net Change(459,703)             (459,703)             (53,884)               (100,375)             COMPARATIVE City of Prior Lake Revolving Equipment Fund As of 12/31/2021 (Preliminary & Unaudited)Variance from Variance2021 2021 2021 Amended Budget ‐ % BDGT Actual from 2020Budget Amended Actual Positive ( Negative) USED12/31/2020Positive (Negative)RevenuesTaxes410‐00000.00‐31010.00 Current Property Taxes 650,000               650,000               653,173               3,173                                      100% 624,897               28,276                                    410‐00000.00‐31015.00 Current Property Taxes ‐ Debt Service 185,000               185,000               185,000                ‐                                               100%‐                             185,000                                  Taxes835,000               835,000               838,173               3,173                                      100% 624,897               213,276                                  Interest (losses) on investments410‐00000.00‐36210.00 Interest Earnings 9,600                    9,600                    10,209                 609                                          106% 11,124                 (915)                                        410‐00000.00‐36225.00 Unrealized Inv.Gain(Loss)‐                              ‐                             (9,528)                  (9,528)                                     n/a 9,983                    (19,511)                                   Interest (losses) on investments 9,600                    9,600                    681                       (8,919)                                     7% 21,107                 (20,426)                                   Sale of assets410‐00000.00‐39102.00 Sale of Property‐                              ‐                             114,480               114,480                                  n/a 63,717                 50,763                                    Sale of assets‐                              ‐                             114,480               114,480                                  n/a 63,717                 50,763                                    Transfers in410‐00000.00‐39203.00 Transfer from Other Funds 310,000               310,000               310,000                ‐                                               100% 215,000               95,000                                    Transfers in310,000               310,000               310,000                ‐                                               100% 215,000               95,000                                    OTHER FINANCING SOURCESDebt Issued410‐00000.00‐39310.00 G.O. Bond Proceeds 555,000               555,000               494,292               (60,708)                                   89%‐                             494,292                                  Premium on debt issued410‐43100.00‐55110.00 Projects ‐ Bond Discount/Premium‐                              ‐                             50,490                 50,490                                    n/a‐                             50,490                                    555,000               555,000               544,782               (10,218)                                   98%‐                             544,782                                  Total Revenues1,709,600            1,709,600            1,808,116            98,516                                    106% 924,721               883,395                                  COMPARATIVE City of Prior Lake Revolving Equipment Fund As of 12/31/2021 (Preliminary & Unaudited)Variance from Variance2021 2021 2021 Amended Budget ‐ % BDGT Actual from 2020Budget Amended Actual Positive ( Negative) USED12/31/2020Positive (Negative)COMPARATIVEExpendituresGeneral GovernmentCommunications410‐42100.00‐55570.00 Machinery & Equipment‐                             32,445                 32,455                 (10)                                           100%‐                             (32,455)                                   Total General Government‐                             32,445                 32,455                 (10)                                           100%‐                             (32,455)                                   Public SafetyPolice410‐42100.00‐55550.00 Vehicles 212,000               251,933               269,902               (17,969)                                   107% 159,725               (110,177)                                410‐42100.00‐55570.00 Machinery & Equipment 38,900                 38,900                 38,965                 (65)                                           100% 221,611               182,646                                  Fire410‐42200.00‐55070.00 Projects ‐ Bond Issuance Costs‐                              ‐                             7,888                    (7,888)                                     n/a‐                             (7,888)                                     410‐42200.00‐55550.00 Vehicles 740,000               740,000               292,182               447,818                                  39% 86,164                 (206,018)                                410‐42200.00‐55570.00 Machinery & Equipment 52,000                 52,000                 51,589                 411                                          99% 48,715                 (2,874)                                     Building Inspection410‐42400.00‐55550.00 Vehicles 35,000                 35,000                 33,276                  ‐                                               95%‐                             (33,276)                                   Total Public Safety 1,077,900            1,117,833            693,802               422,307                                  62% 516,215               (177,587)                                Public WorksStreet410‐43100.00‐55550.00 Vehicles 251,600               251,600               207,140               44,460                                    82% 478,304               271,164                                  410‐43100.00‐55570.00 Machinery & Equipment 38,000                 38,000                 31,745                 6,255                                      84% 41,550                 9,805                                      Central Garage410‐43400.00‐55550.00 Vehicles 20,000                 20,000                 19,937                 63                                            100% 16,307                 (3,630)                                     Total Public Works 309,600               309,600               258,822               50,778                                    84% 536,161               277,339                                  Culture and Recreation/Parks410‐45200.00‐55550.00 Vehicles‐                              ‐                             221,521               (221,521)                                n/a‐                             (221,521)                                410‐45200.00‐55570.00 Machinery and Equipment 262,500               262,500               176,424               86,076                                    67% 63,384                 (113,040)                                Total Culture & Recreation 262,500               262,500               397,945               (135,445)                                152% 63,384                 (334,561)                                Water410‐49400.00‐55550.00 Vehicles 83,000                 83,000                 48,875                 34,125                                    59%‐                             (48,875)                                   Sewer410‐49450.00‐55550.00 Vehicles 83,000                 83,000                 116,932               (33,932)                                   141%‐                             (116,932)                                Total Utility 166,000               166,000               165,807               193                                          100%‐                             (165,807)                                 City of Prior Lake Revolving Equipment Fund As of 12/31/2021 (Preliminary & Unaudited)Variance from Variance2021 2021 2021 Amended Budget ‐ % BDGT Actual from 2020Budget Amended Actual Positive ( Negative) USED12/31/2020Positive (Negative)COMPARATIVETotal Expenditures1,816,000            1,888,378            1,548,831            337,823                                  82% 1,115,760            (433,071)                                Net Change(106,400)              (178,778)              259,285               (191,039)               City of Prior Lake Revolving Park Equipment Fund As of 12/31/2021 (Preliminary & Unaudited)Variance from Variance2021 2021 2021 Amended Budget ‐ % BDGTActual from 2020Budget Amended Actual Positive ( Negative) USED12/31/2020Positive (Negative)RevenuesTaxes430‐00000.00‐31010.00 Current Property Taxes 375,000               375,000               377,113               2,113                                      101% 318,599               58,514                                    Taxes375,000               375,000               377,113               2,113                                      101% 318,599               58,514                                    Interest (losses) on investments430‐00000.00‐36210.00 Interest Earnings 10,500                 10,500                 17,814                 7,314                                      170% 18,785                 (971)                                        430‐00000.00‐36225.00 Unrealized Inv.Gain(Loss)‐                              ‐                             (16,186)                (16,186)                                   n/a 14,345                 (30,531)                                   Interest (losses) on investments 10,500                 10,500                 1,628                    (8,872)                                     16% 33,130                 (31,502)                                   Other430‐00000.00‐36212.00 Miscellaneous Revenue‐                              ‐                              ‐                              ‐                                              n/a 28,037                 (28,037)                                   Other‐                              ‐                              ‐                              ‐                                              n/a 28,037                 (28,037)                                   Total Revenues385,500               385,500               378,741               (6,759)                                     98% 379,766               (1,025)                                     ExpendituresCulture and Recreation/Parks430‐45200.00‐55020.00 Projects ‐ Engineering‐                              ‐                             14,236                 (14,236)                                   n/a‐                             (14,236)                                   430‐45200.00‐55050.00‐PRK22‐000001 Projects ‐ Professional Services‐                              ‐                             25,673                 (25,673)                                   n/a‐                             (25,673)                                   430‐45200.00‐55530.00 Infrastructure 525,000               525,000               22,186                 502,814                                  4% 62,120                 39,934                                    Transfers to other funds430‐80000.00‐59203.00 Transfers to other funds‐                              ‐                             414,000               (414,000)                                n/a‐                             (414,000)                                Total Culture & Recreation 525,000               525,000               476,095               48,905                                    91% 62,120                 (413,975)                                Total Expenditures525,000               525,000               476,095               48,905                                    91% 62,120                 (413,975)                                Net Change(139,500)              (139,500)              (97,354)                317,646               COMPARATIVE City of Prior Lake Facilities Management Fund As of 12/31/2021 (Preliminary & Unaudited)Variance from Variance2021 2021 2021 Amended Budget ‐ % BDGT Actual from 2020Budget Amended Actual Positive ( Negative) USED12/31/2020Positive (Negative)RevenuesTaxes440‐00000.00‐31010.00 Current Property Taxes80,000                  80,000                  80,072                  72                                            100% 29,523                  50,549                                   Taxes80,000                  80,000                  80,072                  72                                            100% 29,523                  50,549                                   Interest (losses) on investments440‐00000.00‐36210.00 Interest Earnings 5,800                    5,800                    12,799                  6,999                                      221% 9,323                    3,476                                      440‐00000.00‐36225.00 Unrealized Inv.Gain(Loss)‐                              ‐                             (12,205)                (12,205)                                  n/a 8,145                    (20,350)                                  Interest (losses) on investments5,800                    5,800                    594                        (5,206)                                    10% 17,468                  (16,874)                                  Transfers in440‐00000.00‐39203.00 Transfer from Other Funds 130,000               930,000               930,000                ‐                                               100% 99,000                  831,000                                 Transfers in130,000               930,000               930,000                ‐                                               100% 99,000                  831,000                                 Total Revenues215,800               1,015,800            1,010,666            (5,134)                                    99% 145,991               864,675                                 ExpendituresFunction: General Government41940‐55050.00 Projects Professional Svcs‐ FACILITIES ‐ CITY HALL‐                              ‐                             10,979                  (10,979)                                  n/a 10,660                  (319)                                        41940‐55520.00 Building & Building Improvements‐FACILITIES ‐ CITY HAL240,000               240,000               169,236               70,764                                   71%‐                             (169,236)                                Total ‐ Function General Government240,000               240,000               180,215               59,785                                   75% 10,660                  (169,555)                                Function: Public Safety42100‐55520.00 Building & Building Improvements‐POLICE 22,500                  22,500                   ‐                             22,500                                   0%‐                              ‐                                               42200‐55050.00 Projects‐Professional Services‐FIRE‐                              ‐                             9,100                    (9,100)                                    n/a‐                             (9,100)                                    42200‐55520.00 Building & Building Improvements‐FIRE 120,000               120,000               15,985                  104,015                                 13% 10,357                  (5,628)                                    Total ‐ Function Public Safety142,500               142,500               25,085                  117,415                                 18% 10,357                  (14,728)                                  Function: Public Works43400.00 CENTRAL GARAGE 50,100                  50,100                  29,289                  20,811                                    58%‐                             (29,289)                                   Total ‐ Function Public Works50,100                  50,100                  29,289                  20,811                                    58%‐                             (29,289)                                   Function: Culture and Recreation45100.00 RECREATION‐                              ‐                             3,360                    (3,360)                                    n/a‐                             (3,360)                                    45500.00 LIBRARIES 15,000                  15,000                   ‐                             15,000                                   0% 86,529                  86,529                                   Total ‐ Function Culture and Recreation15,000                  15,000                  3,360                    11,640                                   22% 86,529                  83,169                                   Function: Water49400.00 Building & Building Improvements‐                              ‐                              ‐                              ‐                                               n/a 6,943                    6,943                                      Total ‐ Function Culture and Recreation‐                              ‐                              ‐                              ‐                                               n/a 6,943                    6,943                                      Total Expenditures447,600               447,600               237,949               209,651                                 53% 114,489               (123,460)                                Net Change(231,800)              568,200               772,717               31,502                  COMPARATIVE City of Prior Lake Permanent Improvement Revolving Fund As of 12/31/2021 (Preliminary & Unaudited)Variance from Variance2021 2021 2021 Amended Budget ‐ % BDGTActual from 2020Budget Amended Actual Positive ( Negative) USED12/31/2020Positive (Negative)RevenuesTaxes450‐00000.00‐31010.00 Property Taxes  ‐ General Purpose 120,000               120,000               120,108               108                                    100% 79,957                 40,151                                    Taxes120,000               120,000               120,108               108                                    100% 79,957                 40,151                                    Special Assessments450‐00000.00‐36101.00 City Assess. Collections 173,000               173,000               16,307                 (156,693)                           9% 155,850               (139,543)                                450‐00000.00‐36102.00 County Assess. Collection‐                              ‐                             132,976               132,976                            n/a 147,444               (14,468)                                   173,000               173,000               149,283               (23,717)                             86% 303,294               (154,011)                                Interest (losses) on investments450‐00000.00‐36210.00 Interest Earnings 7,800                    7,800                    6,112                    (1,688)                               78% 11,456                 (5,344)                                     450‐00000.00‐36225.00 Unrealized Inv.Gain(Loss)‐                              ‐                             (6,301)                  (6,301)                               n/a 12,749                 (19,050)                                   Interest (losses) on investments 7,800                    7,800                    (189)                      (7,989)                                ‐2% 24,205                 (24,394)                                   Transfers in450‐00000.00‐39203.00 Transfer from Other Funds‐                              ‐                              ‐                              ‐                                         n/a 257,935               (257,935)                                Transfers in‐                              ‐                              ‐                              ‐                                         n/a 257,935               (257,935)                                Total Revenues300,800               300,800               269,202               (31,598)                             89% 665,391               (396,189)                                ExpendituresFunction: Public Works450‐43100.00‐55530.00 Infrastructure‐                              ‐                              ‐                              ‐                                         n/a 590,277               590,277                                  Total ‐ Function Public Works‐                              ‐                              ‐                              ‐                                         n/a 590,277               590,277                                  OTHER FINANCING USESTransfers out450‐80000.00‐59203.00 Transfers to Other Funds 287,150               287,150               287,150                ‐                                         100% 279,933               (7,217)                                     Total Expenditures287,150               287,150               287,150                ‐                                         100% 870,210               583,060                                  Net Change13,650                 13,650                 (17,948)                (204,819)              COMPARATIVE City of Prior Lake Water Fund As of 12/31/2021 (Preliminary & Unaudited)Variance from Variance2021 2021 2021 Amended Budget ‐ % BDGT Actual from 2020Budget Amended Actual Positive ( Negative) USED12/31/2020Positive (Negative)RevenuesOperating RevenueWater Charges601‐49400.00‐37100.00 Utility Receipts ‐ Water 3,146,749            3,146,749            4,197,164            1,050,415                              133% 4,260,351            (63,187)                                   601‐49400.00‐37160.00 Penalties 20,000                 20,000                 16,101                 (3,899)                                     81% 13,458                 2,643                                      3,166,749            3,166,749            4,213,265            1,046,516                              133% 4,273,809            (60,544)                                   Utility Base Fee601‐49400.00‐37110.00 Utility Base Fee Revenue 1,140,200            1,140,200            1,247,908            107,708                                  109% 383,331               864,577                                  1,140,200            1,140,200            1,247,908            107,708                                  109% 383,331               864,577                                  Meter Sales601‐49400.00‐37170.00 Water Meter Sales 79,825                 79,825                 87,098                 7,273                                      109% 102,565               (15,467)                                   601‐49400.00‐37175.00 Pressure Reducers 25,000                 25,000                 21,724                 (3,276)                                     87% 24,359                 (2,635)                                     104,825               104,825               108,822               3,997                                      104% 126,924               (18,102)                                   Total Operating Revenue4,411,774            4,411,774            5,569,995            1,158,221                              126% 4,784,064            785,931                                  Non‐Operating RevenueIntergovernmental601‐00000.00‐33160.10 Fed Aids/Grants ‐ Operating ‐                              ‐                              ‐                              ‐                                               n/a 15,775                 (15,775)                                   601‐00000.00‐33422.15 State Aids/Grants ‐ Operating Public Wor‐                              ‐                             1,066                    1,066                                      n/a 1,881                    (815)                                        ‐                              ‐                             1,066                    1,066                                      n/a 17,656                 (16,590)                                   Interest (losses) on investments601‐00000.00‐36210.00 Interest Earnings 54,775                 54,775                 86,354                 31,579                                    158% 96,334                 (9,980)                                     601‐00000.00‐36225.00 Unrealized Inv.Gain(Loss)‐                              ‐                             (82,286)                (82,286)                                   n/a 76,508                 (158,794)                                54,775                 54,775                 4,068                    (50,707)                                   7% 172,842               (168,774)                                Miscellaneous Revenues601‐00000.00‐36212.00 Miscellaneous Revenue‐                              ‐                             11,000                 11,000                                    n/a 14,059                 (3,059)                                     601‐00000.00‐36102.00 County Assess Collection‐                              ‐                             33,034                 33,034                                    n/a 3,391                    29,643                                    601‐00000.00‐36231.00 PERA Pension Contributions‐                              ‐                             888                       888                                          n/a 1,279                    (391)                                        601‐49400.00‐37190.00 Miscellaneous Revenue Adj‐                              ‐                             (77)                        (77)                                           n/a (154)                      77                                            ‐                              ‐                             44,845                 44,845                                     ‐                             18,575                 26,270                                    Total Non‐Operating Revenue54,775                 54,775                 49,979                 (4,796)                                     91% 209,073               (159,094)                                Total Revenues4,466,549            4,466,549            5,619,974            1,153,425                              126% 4,993,137            626,837                                  COMPARATIVE City of Prior Lake Water Fund As of 12/31/2021 (Preliminary & Unaudited)Variance from Variance2021 2021 2021 Amended Budget ‐ % BDGT Actual from 2020Budget Amended Actual Positive ( Negative) USED12/31/2020Positive (Negative)COMPARATIVETotal ExpendituresPersonnel and current expenditures (excluding depreciation)41520.00 Finance 108,246               108,246               111,365               (3,119)                                     103% 99,392                 (11,973)                                   49400.00 Water 2,041,449            2,041,449            2,139,894            (98,445)                                   105% 2,187,571            47,677                                    2,149,695            2,149,695            2,251,259            (101,564)                                105% 2,286,963            35,704                                    Depreciation49400.00 Water‐                              ‐                             989,136               (989,136)                                n/a 955,327               (33,809)                                   ‐                              ‐                             989,136               (989,136)                                n/a 955,327               (33,809)                                   Principal49400.00 Water 120,000               120,000                ‐                             120,000                                  0%‐                              ‐                                               120,000               120,000                ‐                             120,000                                  0%‐                              ‐                                               Interest & other49400.00 Water 49,650                 49,650                 49,450                 200                                          100% 54,250                 4,800                                      49,650                 49,650                 49,450                 200                                          100% 54,250                 4,800                                      Capital improvements55530.00 Infrastructure 1,917,500            1,917,500            900,019               1,017,481                              47% 15,000                 (885,019)                                55570.00 Machinery and equipment 150,750               150,750               40,013                 110,737                                  27% 12,200                 (27,813)                                   55580.00 Software 28,500                 28,500                 44,185                 (15,685)                                   155% 13,510                 (30,675)                                   2,096,750            2,096,750            984,217               1,112,533                              47% 40,710                 (943,507)                                55700.00 Contra Capital Outlay‐                              ‐                             (1,022,706)          1,022,706                              n/a (39,318)                983,388                                  Total Expenditures4,416,095            4,416,095            3,251,356            1,164,739                              3,297,932            46,576                                    30.4%Other Financing SourcesContribution of assets601‐00000.00‐37902.00 Contribution (Developers)‐                              ‐                              ‐                              ‐                                               n/a 886,304               (886,304)                                ‐                              ‐                              ‐                              ‐                                               n/a 886,304               (886,304)                                Debt Issued601‐00000.00‐39315.00 Projects ‐ Bond Premium‐                              ‐                             16,762                 16,762                                    n/a 16,762                  ‐                                               ‐                              ‐                             16,762                 16,762                                    n/a 16,762                  ‐                                               Total Other Financing Sources‐                              ‐                             16,762                 16,762                                    n/a 903,066               (886,304)                                Other Financing Uses59203.00 Transfers to other funds 1,035,700            1,035,700            1,801,456            (765,756)                                1,215,160            (586,296)                                Total Other Financing Uses1,035,700            1,035,700            1,801,456            (765,756)                                1,215,160            (586,296)                                Total Revenues/ Other Financing Sources4,466,549            4,466,549            5,636,736            1,170,187                              126% 5,896,203            (259,467)                                Total Expenditures/Other Financing Uses5,451,795            5,451,795            5,052,812            398,983                                  93% 4,513,092            (539,720)                                 City of Prior Lake Water Fund As of 12/31/2021 (Preliminary & Unaudited)Variance from Variance2021 2021 2021 Amended Budget ‐ % BDGT Actual from 2020Budget Amended Actual Positive ( Negative) USED12/31/2020Positive (Negative)COMPARATIVENet Change (985,246)              (985,246)              583,924               1,569,170                              1,383,111            280,253                                   City of Prior Lake Sewer Fund As of 12/31/2021 (Preliminary & Unaudited)Variance from Variance2021 2021 2021 Amended Budget ‐ % BDGT Actual from 2020Budget Amended Actual Positive ( Negative) USED12/31/2020Positive (Negative)RevenuesSewer Charges604‐49450.00‐37102.00 Utility Receipts ‐ Sewer 1,717,840            1,717,840            1,824,825            106,985                                  106% 2,247,380            (422,555)                                604‐49450.00‐37104.00 Utility Recpt‐Sewer MCES 1,625,587            1,625,587            1,827,975            202,388                                  112% 1,771,564            56,411                                    604‐49450.00‐37160.00 Penalties 20,000                 20,000                 19,867                 (133)                                        99% 15,599                 4,268                                      3,363,427            3,363,427            3,672,667            309,240                                  109% 4,034,543            (361,876)                                Capital Facility charges604‐49450.00‐37110.00 Utility Base Fee Revenue 953,615               953,615               1,088,589            134,974                                  114% 365,175               723,414                                  953,615               953,615               1,088,589            134,974                                  114% 365,175               723,414                                  Total Operating Revenue4,317,042            4,317,042            4,761,256            444,214                                  110% 4,399,718            361,538                                  Non‐Operating RevenueIntergovernmental604‐49450.00‐33160.10 Fed Aids/Grants‐                              ‐                              ‐                              ‐                                               n/a 11,322                 (11,322)                                   Intergovernmental‐                              ‐                              ‐                              ‐                                               n/a 11,322                 (11,322)                                   Interest (losses) on investments604‐00000.00‐36210.00 Interest Earnings 19,800                 19,800                 44,083                 24,283                                    223% 41,240                 2,843                                      604‐00000.00‐36225.00 Unrealized Inv.Gain(Loss)‐                              ‐                             (40,605)                (40,605)                                   n/a 29,397                 (70,002)                                   19,800                 19,800                 3,478                    (16,322)                                   18% 70,637                 (67,159)                                   Miscellaneous Revenues604‐00000.00‐36102.00 County Assess. Collections‐                              ‐                             32,793                 32,793                                    n/a 2,601                    30,192                                    604‐00000.00‐36231.00 PERA Pension Contributions‐                              ‐                             842                       842                                          n/a 1,323                    (481)                                        ‐                              ‐                             33,635                 33,635                                    n/a 3,924                    29,711                                    Total Non‐Operating Revenue19,800                 19,800                 37,113                 17,313                                    187% 85,883                 (48,770)                                   Total Revenue4,336,842            4,336,842            4,798,369            461,527                                  111% 4,485,601            312,768                                  COMPARATIVE City of Prior Lake Sewer Fund As of 12/31/2021 (Preliminary & Unaudited)Variance from Variance2021 2021 2021 Amended Budget ‐ % BDGT Actual from 2020Budget Amended Actual Positive ( Negative) USED12/31/2020Positive (Negative)COMPARATIVETotal ExpendituresPersonnel and current expenditures (excluding depreciation)41520.00 Finance 107,721               107,721               111,332               (3,611)                                     103% 100,605               (10,727)                                   49450.00 Sewer 2,681,274            2,681,274            2,537,509            143,765                                  95% 2,645,188            107,679                                  2,788,995            2,788,995            2,648,841            140,154                                  95% 2,745,793            96,952                                    Depreciation49400.00 Sewer‐                              ‐                             640,745               (640,745)                                n/a 614,493               (26,252)                                   ‐                              ‐                             640,745               (640,745)                                n/a 614,493               (26,252)                                   Principal49450.00 Sewer 120,000               120,000                ‐                             120,000                                  0%‐                              ‐                                               120,000               120,000                ‐                             120,000                                  0%‐                              ‐                                               Interest & other49450.00 Sewer 49,650                 49,650                 49,450                 200                                          100% 54,250                 4,800                                      49,650                 49,650                 49,450                 200                                          100% 54,250                 4,800                                      Capital improvements55530.00 Infrastructure 736,500               736,500               147,091               589,409                                  20% 97,127                 (49,964)                                   55570.00 Machinery and equipment 90,250                 90,250                 57,636                 32,614                                    64% 12,200                 (45,436)                                   55580.00 Software 28,500                 28,500                 9,850                    18,650                                    35% 12,118                 2,268                                      855,250               855,250               214,577               640,673                                  25% 121,445               (93,132)                                   55700.00 Contra Capital Outlay‐                              ‐                             (145,422)              145,422                                  n/a (121,444)              23,978                                    Total  Expenditures3,813,895            3,813,895            3,408,191            405,704                                  3,414,537            6,346                                      Other Financing SourcesContribution of assets604‐00000.00‐37901.00 Contribution (Other Fund)‐                              ‐                             173,307               173,307                                  n/a‐                             173,307                                  604‐00000.00‐37902.00 Contribution (Developers)‐                              ‐                              ‐                              ‐                                               n/a 887,205               (887,205)                                ‐                              ‐                             173,307               173,307                                  n/a 887,205               (713,898)                                Debt Issued604‐00000.00‐39315.00 Projects ‐ Bond Premium‐                              ‐                             16,762                 16,762                                    n/a 16,762                  ‐                                               ‐                              ‐                             16,762                 16,762                                    n/a 16,762                  ‐                                               Total Other Financing Sources‐                              ‐                             190,069               190,069                                  n/a 903,967               (713,898)                                Other Financing Uses59203.00 Transfers to other funds 366,000               366,000               1,031,690            (665,690)                                282% 632,110               (399,580)                                Total Other Financing Uses366,000               366,000               1,031,690            (665,690)                                282% 632,110               (399,580)                                Total Revenues/ Other Financing Sources4,336,842            4,336,842            4,988,438            651,596                                  115% 5,372,806            (401,130)                                 City of Prior Lake Sewer Fund As of 12/31/2021 (Preliminary & Unaudited)Variance from Variance2021 2021 2021 Amended Budget ‐ % BDGT Actual from 2020Budget Amended Actual Positive ( Negative) USED12/31/2020Positive (Negative)COMPARATIVETotal Expenditures/Other Financing Uses4,179,895            4,179,895            4,439,881            (259,986)                                106% 4,046,647            (393,234)                                Net Change156,947               156,947               548,557               391,610                                  1,342,921            (7,896)                                      City of Prior Lake Water Quality Fund As of 12/31/2021 (Preliminary & Unaudited)Variance from Variance2021 2021 2021 Amended Budget ‐ % BDGT Actual from 2020Budget Amended Actual Positive ( Negative) USED12/31/2020Positive (Negative)RevenuesStorm Water Charges602‐49420.00‐37120.00 Storm Water Revenue 1,186,699            1,186,699            1,202,325            15,626                                    101% 1,171,147            31,178                                    602‐49420.00‐32250.00 Wetland Application Fee‐                              ‐                             1,050                    1,050                                      n/a 1,500                    (450)                                        1,186,699            1,186,699            1,203,375            16,676                                    101% 1,172,647            30,728                                    Water Charges602‐49420.00‐37160.00 Penalties 4,000                    4,000                    3,191                    (809)                                        80% 2,542                    649                                          4,000                    4,000                    3,191                    (809)                                        80% 2,542                    649                                          Total Operating Revenue1,190,699            1,190,699            1,206,566            15,867                                    101% 1,175,189            31,377                                    Non‐Operating RevenueIntergovernmental602‐00000.00‐33160.10 Fed Aids/Grants‐                              ‐                              ‐                              ‐                                               n/a 3,825                    (3,825)                                     602‐00000.00‐33422.10 State Aids/Grants‐                              ‐                             27,000                 27,000                                    n/a‐                             27,000                                    602‐49420.00‐33610.20 County‐City Aids/Grants‐                              ‐                             6,300                    6,300                                      n/a‐                             6,300                                      ‐                              ‐                             33,300                 33,300                                    n/a 3,825                    29,475                                    Interest (losses) on investments602‐00000.00‐36210.00 Interest Earnings 14,500                 14,500                 30,328                 15,828                                    209% 30,871                 (543)                                        602‐00000.00‐36225.00 Unrealized Inv.Gain(Loss)‐                              ‐                             (28,027)                (28,027)                                   n/a 24,327                 (52,354)                                   14,500                 14,500                 2,301                    (12,199)                                   16% 55,198                 (52,897)                                   Miscellaneous Revenues602‐00000.00‐36212.00 Miscellaneous Revenue‐                              ‐                             5,580                    5,580                                      n/a 21,325                 (15,745)                                   602‐00000.00‐36231.00 PERA Pension Contributions‐                              ‐                             361                       361                                          n/a 578                       (217)                                        ‐                              ‐                             5,941                    5,941                                      n/a 21,903                 (15,962)                                   Total Non‐Operating Revenue14,500                 14,500                 41,542                 27,042                                    286% 80,926                 (39,384)                                   Total Revenues1,205,199            1,205,199            1,248,108            42,909                                    104% 1,256,115            (8,007)                                     COMPARATIVE City of Prior Lake Water Quality Fund As of 12/31/2021 (Preliminary & Unaudited)Variance from Variance2021 2021 2021 Amended Budget ‐ % BDGT Actual from 2020Budget Amended Actual Positive ( Negative) USED12/31/2020Positive (Negative)COMPARATIVETotal ExpendituresPersonnel and current expenditures (excluding depreciation)49420.00 Water Quality 622,893               698,264               570,675               127,589                                  82% 502,993               (67,682)                                   622,893               698,264               570,675               127,589                                  82% 502,993               (67,682)                                   Depreciation49400.00 Water Quality‐                              ‐                             118,097               (118,097)                                n/a 116,551               (1,546)                                     ‐                              ‐                             118,097               (118,097)                                n/a 116,551               (1,546)                                     Capital improvements55530.00 Infrastructure 359,500               359,500               37,865                 321,635                                  11% 108,907               71,042                                    359,500               359,500               37,865                 321,635                                  11% 108,907               71,042                                    55700.00 Contra Capital Outlay‐                              ‐                              ‐                              ‐                                               n/a (105,135)              (105,135)                                Total Expenditures982,393               1,057,764            726,637               331,127                                  69% 623,316               (103,321)                                Other Financing SourcesContribution of assets602‐00000.00‐37902.00 Contribution (Developers)‐                              ‐                              ‐                              ‐                                               n/a 32,638                 (32,638)                                   ‐                              ‐                              ‐                              ‐                                               n/a 32,638                 (32,638)                                   Total Other Financing Sources‐                              ‐                              ‐                              ‐                                               n/a 32,638                 (32,638)                                   Other Financing Uses59203.00 Transfers to other funds 127,000               127,000               451,795               (324,795)                                356% 85,780                 (366,015)                                Total Other Financing Uses127,000               127,000               451,795               (324,795)                                356% 85,780                 (366,015)                                Total Revenues/ Other Financing Sources1,205,199            1,205,199            1,248,108            42,909                                    104% 1,288,753            (40,645)                                   Total Expenditures/Other Financing Uses1,109,393            1,184,764            1,178,432            6,332                                      99% 709,096               (469,336)                                Net Change95,806                 20,435                 69,676                 49,241                                    579,657               (509,981)                                 City of Prior Lake Economic Development Authority Special Revenue Fund As of 12/31/2021 (Preliminary & Unaudited)Variance from Variance2021 2021 2021 Amended Budget ‐ % BDGTActual from 2020Budget Amended Actual Positive ( Negative) USED12/31/2020Positive (Negative)RevenuesTaxes240‐00000.00‐31010.00 Current Property Taxes 349,750               349,750               350,284               534                                        100% 273,460               76,824                                   Taxes349,750               349,750               350,284               534                                        100% 273,460               76,824                                   Charges for Services240‐46500.00‐34760.02 Facility Rental ‐ EDA‐                             ‐                            6,147                   6,147                                     n/a‐                            6,147                                     240‐46503.00‐34760.02 Facility Rental ‐ EDA 8,450                   8,450                   2,435                   (6,015)                                   29% 7,617                   (5,182)                                   Charges for Services 8,450                   8,450                   8,582                   132                                        102% 7,617                   965                                        Interest (losses) on investments240‐00000.00‐36210.00 Interest Earnings 5,300                   5,300                   5,059                   (241)                                       95% 7,379                   (2,320)                                   240‐00000.00‐36225.00 Unrealized Inv.Gain(Loss)‐                             ‐                            (5,017)                  (5,017)                                   n/a 4,987                   (10,004)                                 240‐46500.00‐36226.00 Realized Inv.Gain(Loss)‐                             ‐                            20,050                 20,050                                   n/a‐                            20,050                                   Interest (losses) on investments 5,300                   5,300                   20,092                 14,792                                   379% 12,366                 (7,726)                                   Contributions and Donations240‐00000.00‐37901 Contribution (Other Fund)‐                             ‐                             ‐                             ‐                                             n/a 180,868               (180,868)                               240‐00000.00‐36230.00 Contributions and Donations‐                             ‐                             ‐                             ‐                                             n/a 4,900                   (4,900)                                   Contributions and Donations‐                             ‐                             ‐                             ‐                                             n/a 185,768               (185,768)                               Transfers In 240‐00000.00‐39203.00 Transfer from Other Funds‐                             ‐                            20,969                 20,969                                   n/a 161,250               (140,281)                               Transfers In ‐                             ‐                            20,969                 20,969                                   n/a 161,250               (140,281)                               Total Revenues363,500               363,500               399,927               36,427                                   110% 640,461               (240,534)                               ExpendituresFunction: Economic Development46500.00 ECONOMIC DEVELOPMENT 519,294               519,294               261,519               257,775                                50% 254,757               (6,762)                                   46503.00 TECH VILLAGE INCUBATOR 5,500                   5,500                   1,232                   4,268                                     22% 2,900                   1,668                                     Total Expenditures524,794               524,794               262,751               262,043                                50% 257,657               (5,094)                                   Net Change(161,294)             (161,294)             137,176               382,804               COMPARATIVE Page 1 of 9 Standard Contract for Services Fire Station 1 Remodel This agreement (“Agreement”) is between the City of Prior Lake, Minnesota ("City"), whose business address is 4646 Dakota Street SE, Prior Lake, MN 55372, and Century Construction Co. ("Contractor") whose business address is 820 N. Concord St, Suite 101, South St. Paul, MN 55075 Based on the mutual promises and covenants set forth herein, the sufficiency of which are hereby acknowledged, the City and Contractor agree as follows: 1. Scope of Work. Contractor agrees to provide, perform and complete all the services in accordance with the terms of this Agreement and attached Exhibit A (“Work”). The terms of this Agreement shall take precedence over any provisions of the Contractor’s proposal and/or general conditions. If Contractor’s proposal is attached as Exhibit A, City rejects any contract terms and/or general conditions included in such proposal unless specifically agreed to by the City in writing. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of April 18, 2022. The Work shall be completed by December 31, 2022. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $542,600 as full and complete payment for the Work (“Contract Price”). A. Any changes in the scope of the Work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services or materials that do not have prior written authorization. B. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by the period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. Method of Payment. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed and the payments requested under this Agreement. Contractor shall provide an itemized listing of all expenses and such other documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the current billing, past payments and unexpended balance of the Contract Price. Invoices submitted shall be paid in the same manner as other claims made to the City. A. Claims. In compliance with Minn. Stat. 471.38, by making a claim for payment, Contractor is declaring that the account, claim, or demand is just and correct and that no part of it has been paid. B. Waiver of Claims. The Contractor’s acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of application for final payment. Page 2 of 9 5. Compliance with Laws and Regulations. In providing the Work, the Contractor shall abide by all statutes, ordinances, rules, and regulations pertaining to the Work. Any violation of statutes, ordinances, rules and regulations pertaining to the Work shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 6. Contractor’s Employees. Contractor and its employees, representatives and agents shall comply with all City policies (no smoking, parking location, check in, sign it, etc.). Contractor and its employees, representatives and agents shall use care, coordination and communication in order to ensure City employees and guests are not disturbed or inconvenienced. Contractor’s employees, representatives and agents shall be neat appearing and at City’s request wear an identification badge approved by the City. Contractor must honor the City’s request to reassign an employee, representative or agent whom the City determines is unsuitable for the Work. When necessary, Contractor’s employees, representatives and agents will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. The City shall have the right to perform or require to be performed criminal background checks on any employee, representative or agent of the Contractor who will perform any aspect of the Work. The Contractor shall cooperate with the City in the performance of all such criminal background checks. 7. Contractor’s Representative. Contractor has designated a project representative to coordinate with the City and manage the Work. The project representative shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms of this Agreement. Contractor may not remove or replace the project representative without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of the Work as is ordinarily exercised by members of the profession under similar circumstances in Scott County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete the Work in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of the Work. 9. City’s Obligations. City will provide access to public and private property as necessary for Contractor to perform the Work. City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Contractor, and shall inform the Contractor of all decisions required of City within a reasonable time so as not to delay the Work. The City shall furnish the Contractor with a copy of any applicable policy, standard or criteria, including but not limited to, design and construction standards, that may be required for the Work. 10. City's Representative. City has designated a project representative with respect to the Work. He or she shall have authority to transmit instructions, receive information, and interpret the City's policy and decisions with respect to the Work. 11. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of this Agreement (“Information”) shall Page 3 of 9 become the property of the City, but Contractor may retain copies of the Information as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the Work does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Agreement is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 12. Insurance. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect Contractor and City against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Contractor agrees to maintain all coverage required herein throughout the term of this Agreement and for a minimum of two years following City’s written acceptance of the Work. A. Such insurance shall include, but not be limited to, the following minimum coverages and limits of liability: i. Commercial General Liability Insurance. Commercial General Liability Insurance protecting Contractor and City from claims for damages for bodily injury, including death, and from claims for property damage, which may arise from operations under this Agreement. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. The City, including its elected and appointed officials, employees, and agents, must be endorsed as an Additional Insured using ISO Form CG 20 10 or equivalent for Ongoing Operations and ISO Form CG 20 37 or equivalent for Products/Completed Operations. Insurance minimum limits are as follows: • $1,000,000 – per occurrence • $2,000,000 – annual aggregate • $2,000,000 – annual aggregate – Products/Completed Operations ii. Workers’ Compensation Insurance. Workers’ Compensation Insurance for all Contractor’s employees in accordance with the statutory requirements of the State of Minnesota. The Contractor shall also provide Employer’s Liability Insurance with minimum limits as follows: • $500,000 – Bodily Injury by Disease per employee • $500,000 – Bodily Injury by Disease aggregate • $500,000 – Bodily Injury by Accident The Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. Page 4 of 9 If Minnesota Statutes, Section 176.041 exempts the Contractor from Workers’ Compensation insurance, the Contractor must provide a written statement, signed by an authorized representative, indicating the qualifying exemption that excludes the Contractor from the Minnesota Workers’ Compensation requirements. iii. Business Automobile Liability Insurance. Business Automobile Liability Insurance protecting City and Contractor from claims for damages for bodily injury, including death, and from claims for property damage resulting from the ownership, operation, maintenance or use of all autos which may arise from operations under this Agreement. Insurance minimum limits are as follows: • $1,000,000 – per occurrence Combined Single Limit for Bodily Injury and Property Damage including Owned, Hired, and Non-owned Automobiles. iv. Professional/Technical (Errors and Omissions) Liability Insurance. Professional Liability (Errors and Omissions) Insurance that provides coverage for all claims the Contractor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to the Contractor’s professional services required under this Agreement. The Contractor is required to carry the following minimum limits: • $2,000,000 – per claim • $2,000,000 – annual aggregate The retroactive or prior acts date of such coverage shall not be after the effective date of this Agreement and the Contractor shall maintain such insurance for a period of at least two years, following completion of the work. If such insurance is discontinued, extended reporting period coverage must be obtained by the Contractor to fulfill this requirement. B. All of the insurance policies required by this Agreement shall comply with the following: i. The Contractor’s policies, except Worker’s Compensation Insurance and Professional/Technical Liability Insurance, shall be primary insurance and non- contributory to any other valid and collectible insurance available to the City with respect to any claim arising out of the Contractor’s performance under this Agreement including the defense and indemnity obligations assumed by Contractor under this Agreement. ii. An Umbrella or Excess Liability insurance policy may be used to supplement the Contractor’s policy limits to satisfy the full policy limits required by this Agreement. iii. All insurance shall be provided on an occurrence basis and not on a claims-made basis, except professional liability insurance or other coverage not reasonably available on an occurrence basis; provided that all such claims-made coverage is subject to the approval of the City Attorney. iv. Any insurance limits in excess of the minimum limits shall be available to the City. v. All policies, except professional liability, shall be endorsed with a waiver of subrogation in favor of the City, including its elected and appointed officials, employees, and agents for losses arising from activities under this Agreement. Page 5 of 9 vi. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required. The City may require the Contractor to provide proof of ability to pay losses and related expenses within the deductible and retention. vii. The Contractor is required to submit a Certificate of Insurance acceptable to the City as evidence of the required insurance coverage requirements. viii. The Contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty days’ advanced written notice to the City, or ten days’ written notice for non- payment of premium. ix. The Contractor is responsible to review and ensure all subcontractors comply with the insurance provisions contained herein and said insurance is maintained as specified. x. If the City authorizes the Contractor to be self-insured, a Certificate of Self- Insurance must be attached. xi. The Contractor shall obtain insurance policies from insurance companies having an “AM BEST” rating of A- (minus); Financial Size Category (FSC) VII or better and authorized to do business in the State of Minnesota, or as approved by the City. xii. The City reserves the right to immediately terminate this Agreement if the Contractor is not in compliance with the insurance requirements and retains all rights to pursue any remedies against the Contractor. xiii. All insurance policies must be open to inspection by the City, and copies of policies must be submitted to the City’s authorized representative upon written request. xiv. The City’s failure to approve or disapprove the Contractor’s policies or certificates shall not relieve the Contractor of full responsibility to maintain the required insurance. xv. If the coverage period shown on the Contractor's current certificate of insurance ends during the duration of the project, the Contractor must, prior to the end of the coverage period, obtain a new certificate of insurance showing that coverage has been extended. xvi. No representation is made that the minimum insurance requirements are sufficient to cover the obligations of the Contractor under this Agreement. C. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to take one of the following actions within fifteen days of receiving notice from the City.: Page 6 of 9 i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. 13. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, representatives, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, representatives, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 14. Termination. This Agreement may be terminated by either party by thirty days' written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Contractor, the Contractor shall be paid for Work performed until the effective date of termination. 15. Mediation. Each dispute, claim or controversy arising from or related to this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Upon service of a written notice requesting mediation, the parties shall have ten (10) days to jointly select one person to act as mediator. If the parties are unable to agree upon a mediator, the parties shall ask the Scott County District Court to select a mediator. The mediation shall be conducted pursuant to the commercial mediation procedures of the American Arbitration Association but shall not be administered by the American Arbitration Association. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Each party shall bear its own costs of the mediation process. The parties shall share equally the fees and expenses of the mediator. Mediation shall be held in the City of Prior Lake unless another location is mutually agreed upon by the parties. The parties acknowledge that mediation is a voluntary process, and that the mediator does not have the authority to bind either party absent the party’s consent. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 16. Notice. Any notice required or permitted under this Agreement shall be delivered in one or more of the following manners: (i) delivered personally; (ii) mailed by United States mail; or (iii) deposited cost paid with a nationally recognized, reputable overnight courier. Notice shall be delivered or directed to an officer or agent of the Contractor or to the City Manager as applicable at the address set forth on page 1 of this Agreement. Notice shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party in any manner above specified, 10 days prior to the effective date of such change. 17. Independent Contractor. At all times and for all purposes, Contractor is an independent contractor engaged by City to perform the services described in this Agreement and Contractor shall have no authority to employ persons or make purchases on behalf of City, Page 7 of 9 or otherwise bind or obligate City. No statement in this Agreement shall be construed to find the Contractor an employee of the City. 18. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one year thereafter, without prior written consent of the former employer in each case. 19. Assignment or Subcontract. Contractor shall not subcontract any part of the Work; nor may Contractor assign this Agreement, or any interest arising herein, without the prior written consent of the City. 20. Audit Disclosure. Pursuant to Minn. Stat. 16C.05, Subd. 5, the books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six years after the effective date of this Agreement. 21. Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (“Data Practices Act”). All government data, as defined in the Data Practices Act, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 22. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non- discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for the Work, and will require all of its subcontractors for the Work to incorporate such requirements in all subcontracts for the Work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 23. Conflicts. No salaried officer or employee of the City and no member of the Council, or Commission, or Board of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders this Agreement void. 24. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. Page 8 of 9 25. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 26. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 27. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. Venue and jurisdiction for any action, suit or proceeding arising out of this Agreement shall be only in the courts of Scott County, Minnesota or the federal courts for the United States for the District of Minnesota. 28. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 29. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 30. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under this Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 31. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. In witness whereof, the parties have caused this Agreement to be executed by their duly authorized agents. Page 9 of 9 CITY OF PRIOR LAKE ______________________ __________________________________ Date Mayor ___________________________________ City Manager CENTURY CONSTRUCTION CO. ______________________ By: ________________________________ Date Its: ________________________________ EXHIBIT A MEMORANDUM 1795 St. Clair Avenue St. Paul, MN 55105 (651) 696-5186 www.oertelarchitects.com DATE: 4-7-2022 TO: Jake Theisen City of Prior Lake FROM: Deb Brandwick RE: Prior Lake Fire Station #1 Remodel Please note the following relative to the bids: 1. The bids for the Prior Lake Fire Station #1 Remodel project were received on Thursday, April 7, 2022. A total of 10 bids were received for the project. The low bid, submitted by Century Construction, was $542,600.00. The next high bid was <1% higher ($547,000), suggesting a straightforward and tight bidding situation for this size of project. There were no alternates included in the project. 2. I spoke with Colby Peterson, with Century Construction, later that afternoon. He has reviewed his bid and the anticipated schedule and indicated he is comfortable moving forward with both. 3. While we have not worked with Century Construction previously, my discussion with Colby leads me to believe they have a good handle on the scope of the project and are prepared to start as soon as a contract is available. They have been in business for 27 years and appear to have the background and qualifications to adequately perform on this project. 4. Due to the above items, I recommend the acceptance of Century Construction to perform the work. 5. Due to the nature of a remodel project, I encourage the City to maintain a contingency budget of 6-8%. 6. Please feel free to contact me with any questions. Sincerely, Deb Brandwick, Principal Page 1 of 12 Standard Contract Materials and Labor Downtown South Reconstruction Project (2020-11) Overhead Powerline Burial This agreement (“Agreement”) is between the City of Prior Lake, Minnesota ("City"), whose business address is 4646 Dakota Street SE, Prior Lake, MN 55372, and Choice Electric ("Contractor") whose business address is 3080 4th Ave E Shakopee, MN 55379. Based on the mutual promises and covenants set forth herein, the sufficiency of which are hereby acknowledged, the City and Contractor agree as follows: 1. Scope of Work. Contractor agrees to provide, perform and complete all the materials and services in accordance with the terms of this Agreement and attached Exhibit A (“Work”). The terms of this Agreement shall take precedence over any provisions of the Contractor’s proposal and/or general conditions. If Contractor’s proposal is attached as Exhibit A, City rejects any contract terms and/or general conditions included in such proposal unless specifically agreed to by the City in writing. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of April 18, 2022. 3. Compensation for Services. City agrees to pay the Contractor an estimated sum, not to exceed, $48,515 as full and complete payment for the Work (“Contract Price”). A. Any changes in the scope of the Work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services or materials that do not have prior written authorization. B. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by the period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. Method of Payment. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed and the payments requested under this Agreement. Contractor shall provide an itemized listing of all expenses and such other documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the current billing, past payments and unexpended balance of the Contract Price. Invoices submitted shall be paid in the same manner as other claims made to the City. A. Claims. In compliance with Minn. Stat. 471.38, by making a claim for payment, Contractor is declaring that the account, claim, or demand is just and correct and that no part of it has been paid. B. Final Payment. Final payment, constituting the entire unpaid balance of the Contract Price shall be paid by the City to the Contractor when the Work has been completed, this Agreement fully performed, and the City accepts the Work in writing. No final payment shall be made to the Contractor until the Contractor has provided all of the following: Page 2 of 12 i. Contractor’s affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. ii. A general lien waiver and lien waivers from all subcontractors waiving liens related to the Work. iii. A certificate by the Commissioner of Revenue stating that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. 290.92 relating to withholding of income taxes upon wages. C. Waiver of Claims. The Contractor’s acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of application for final payment. 5. Compliance with Laws and Regulations. In providing the Work, the Contractor shall abide by all statutes, ordinances, rules, and regulations pertaining to the Work. Any violation of statutes, ordinances, rules and regulations pertaining to the Work shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 6. Contractor’s Employees. Contractor and its employees, representatives and agents shall comply with all City policies (no smoking, parking location, check in, sign it, etc.). Contractor and its employees, representatives and agents shall use care, coordination and communication in order to ensure City employees and guests are not disturbed or inconvenienced. Contractor’s employees, representatives and agents shall be neat appearing and at City’s request wear an identification badge approved by the City. Contractor must honor the City’s request to reassign an employee, representative or agent whom the City determines is unsuitable for the Work. When necessary, Contractor’s employees, representatives and agents will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. The City shall have the right to perform or require to be performed criminal background checks on any employee, representative or agent of the Contractor who will perform any aspect of the Work. The Contractor shall cooperate with the City in the performance of all such criminal background checks. 7. Contractor’s Representative. Contractor has designated a project representative to coordinate with the City and manage the Work. The project representative shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms of this Agreement. Contractor may not remove or replace the project representative without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of the Work as is ordinarily exercised by members of the profession under similar circumstances in Scott County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete the Work in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of the Work. 9. Responsible Contractor. Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a “responsible contractor” as that term is defined in Minn. Stat. 16C.285, Subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors Page 3 of 12 and motor carriers that it intends to retain for the Work. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer verifying that the subcontractor or motor carrier meets all of the minimum criteria in Minn. Stat. 16C.285, Subd. 3. If Contractor retains additional subcontractors or motor carriers for the Work after submitting its verification of compliance, the Contractor shall obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and shall submit to the City a supplemental verification confirming the subcontractor’s and motor carrier’s compliance with Minn. Stat. 16C.285, Subd. 3, clause (7), within fourteen days of retaining the additional subcontractors or motor carriers. Contractor shall submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. 16C.285, subd. 3, clause (7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of this Agreement. 10. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall agree to be bound by the terms of this Agreement, unless specifically noted to the contrary in a subcontract approved in writing by the City. The Contractor shall pay any subcontractor involved in the performance of this Agreement within ten days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. City’s Obligations. City will provide access to public and private property as necessary for Contractor to perform the Work. City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Contractor, and shall inform the Contractor of all decisions required of City within a reasonable time so as not to delay the Work. The City shall furnish the Contractor with a copy of any applicable policy, standard or criteria, including but not limited to, design and construction standards, that may be required for the Work. 12. City's Representative. City has designated a project representative with respect to the Work. He or she shall have authority to transmit instructions, receive information, and interpret the City's policy and decisions with respect to the Work. 13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of this Agreement (“Information”) shall become the property of the City, but Contractor may retain copies of the Information as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the Work does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Agreement is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. Page 4 of 12 14. Condition and Inspection. All materials furnished under this Agreement shall be new and in current manufacture, unless otherwise specified, and all materials and work shall be of good quality, free from faults and defects and in conformance with this Agreement. All materials and work not conforming to these requirements shall be considered defective. Materials shall be subject to inspection and testing by the City. Materials that are defective or not in current manufacture may be returned to the Contractor at the Contractor’s expense. 15. Correction of Work. The Contractor shall promptly correct all work rejected by the City as defective or as failing to conform under this Agreement whether observed before or after completion of the work and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected work. 16. Warranty. The Contractor expressly warrants and guarantees to the City that all work performed and all materials furnished shall be in accord with this Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of this Agreement, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the Work within the specified period, upon notice from the City, the Contractor agrees, within ten calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective work with regard to the defective or nonconforming work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming work and materials from the site, (b) the cost of correcting all work of other Contractors destroyed or damaged by defective or nonconforming work and materials including the cost of removal of such damaged work and materials form the site, and (c) the cost of correcting all damages to work of other Contractors caused by the removal of the defective or nonconforming work or materials. The Contractor shall post bonds to secure the warranties. 17. Performance and Payment Bonds. If the Contract Price is $175,000 or more, the Contractor shall post a Performance and Payment Bond each in an amount equal to one hundred percent of the Contract Price to insure the prompt and faithful performance of this Agreement by Contractor and to insure prompt payment to the subcontractors and suppliers of the Contractor. The Bonds shall be in compliance with Minn. Stat. 574.26 and in a form approved by the City. Contractor shall provide the Bonds to the City before commencing work. If the Performance and/or Payment Bond are not submitted as provided herein, this Agreement shall be considered void. 18. Private Property. The Contractor shall not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor shall be responsible for the preservation of and shall use every precaution to prevent damage to all trees, shrubbery, plants, Page 5 of 12 lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the Work. 19. Removal of Construction Equipment, Tools and Supplies. At the termination of this Agreement, before acceptance of the Work by the City, the Contractor shall remove all of Contractor’s equipment, tools and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City shall have the right to remove them and deduct the cost of removal and disposal from any amount owed to Contractor. 20. Insurance. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect Contractor and City against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Contractor agrees to maintain all coverage required herein throughout the term of this Agreement and for a minimum of two years following City’s written acceptance of the Work. A. Such insurance shall include, but not be limited to, the following minimum coverages and limits of liability: i. Commercial General Liability Insurance. Commercial General Liability Insurance protecting Contractor and City from claims for damages for bodily injury, including death, and from claims for property damage, which may arise from operations under this Agreement. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. The City, including its elected and appointed officials, employees, and agents, must be endorsed as an Additional Insured using ISO Form CG 20 10 or equivalent for Ongoing Operations and ISO Form CG 20 37 or equivalent for Products/Completed Operations. Insurance minimum limits are as follows: • $1,000,000 – per occurrence • $2,000,000 – annual aggregate • $2,000,000 – annual aggregate – Products/Completed Operations ii. Workers’ Compensation Insurance. Workers’ Compensation Insurance for all Contractor’s employees in accordance with the statutory requirements of the State of Minnesota. The Contractor shall also provide Employer’s Liability Insurance with minimum limits as follows: • $500,000 – Bodily Injury by Disease per employee • $500,000 – Bodily Injury by Disease aggregate • $500,000 – Bodily Injury by Accident Page 6 of 12 The Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. If Minnesota Statutes, Section 176.041 exempts the Contractor from Workers’ Compensation insurance, the Contractor must provide a written statement, signed by an authorized representative, indicating the qualifying exemption that excludes the Contractor from the Minnesota Workers’ Compensation requirements. iii. Business Automobile Liability Insurance. Business Automobile Liability Insurance protecting City and Contractor from claims for damages for bodily injury, including death, and from claims for property damage resulting from the ownership, operation, maintenance or use of all autos which may arise from operations under this Agreement. Insurance minimum limits are as follows: • $1,000,000 – per occurrence Combined Single Limit for Bodily Injury and Property Damage including Owned, Hired, and Non-owned Automobiles. B. All of the insurance policies required by this Agreement shall comply with the following: i. The Contractor’s policies, except Worker’s Compensation Insurance, shall be primary insurance and non-contributory to any other valid and collectible insurance available to the City with respect to any claim arising out of the Contractor’s performance under this Agreement including the defense and indemnity obligations assumed by Contractor under this Agreement. ii. An Umbrella or Excess Liability insurance policy may be used to supplement the Contractor’s policy limits to satisfy the full policy limits required by this Agreement. iii. All insurance shall be provided on an occurrence basis and not on a claims-made basis, except professional liability insurance or other coverage not reasonably available on an occurrence basis; provided that all such claims-made coverage is subject to the approval of the City Attorney. iv. Any insurance limits in excess of the minimum limits shall be available to the City. v. All policies, except professional liability, shall be endorsed with a waiver of subrogation in favor of the City, including its elected and appointed officials, employees, and agents for losses arising from activities under this Agreement. vi. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required. The City may require the Contractor to provide proof of ability to pay losses and related expenses within the deductible and retention. vii. The Contractor is required to submit a Certificate of Insurance acceptable to the City as evidence of the required insurance coverage requirements. viii. The Contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty days’ advanced written notice to the City, or ten days’ written notice for non- payment of premium. ix. The Contractor is responsible to review and ensure all subcontractors comply with the insurance provisions contained herein and said insurance is maintained as specified. x. If the City authorizes the Contractor to be self-insured, a Certificate of Self- Insurance must be attached. xi. The Contractor shall obtain insurance policies from insurance companies having an “AM BEST” rating of A- (minus); Financial Size Category (FSC) VII or better Page 7 of 12 and authorized to do business in the State of Minnesota, or as approved by the City. xii. The City reserves the right to immediately terminate this Agreement if the Contractor is not in compliance with the insurance requirements and retains all rights to pursue any remedies against the Contractor. xiii. All insurance policies must be open to inspection by the City, and copies of policies must be submitted to the City’s authorized representative upon written request. xiv. The City’s failure to approve or disapprove the Contractor’s policies or certificates shall not relieve the Contractor of full responsibility to maintain the required insurance. xv. If the coverage period shown on the Contractor's current certificate of insurance ends during the duration of the project, the Contractor must, prior to the end of the coverage period, obtain a new certificate of insurance showing that coverage has been extended. xvi. No representation is made that the minimum insurance requirements are sufficient to cover the obligations of the Contractor under this Agreement. C. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to take one of the following actions within fifteen days of receiving notice from the City.: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. 21. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, representatives, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, representatives, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 22. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten days' notice to the Contractor in writing. The Work shall be resumed by the Page 8 of 12 Contractor within ten days after the date fixed in the written notice from the City to the Contractor to resume. If the City’s suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the additional expense incurred due to suspension of the Work. Claims for such compensation, with complete substantiating records, shall be filed with the City within ten days after the date of order to resume Work in order to receive consideration. This paragraph shall not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Agreement. 23. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with this Agreement or fails to perform any provisions of this Agreement, the City may, after ten days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate change order shall be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 24. City’s Right to Terminate Agreement and Complete the Work. The City has the right to terminate this Agreement for any of the following reasons: A. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; B. Failure of Contractor to supply adequate properly skilled workers or proper materials; C. Failure of Contractor to make prompt payment to subcontractor for material or labor; D. Any disregard of laws, ordinances or proper instructions of the City; E. Assignment of the Work without permission of the City; F. Abandonment of the Work by Contractor; G. Failure to meet the Work progress schedule set forth in this Agreement; H. Unnecessary delay which, in the judgment of the City, will result in the Work not being completed in the prescribed time. I. Any other failure to comply with the terms of this Agreement. Termination of this Agreement shall be preceded by ten days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to ensure compliance with this Agreement. This Agreement shall be terminated at the expiration of such ten-day period unless the City shall withdraw its notice of termination. Upon termination of this Agreement by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor’s expense. Upon termination of this Agreement, the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess shall be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor shall pay the difference to the City. In the event that the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure or Page 9 of 12 refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. 25. Contractor’s Right to Terminate Agreement. The Contractor may terminate this Agreement upon ten days written notice to the City for any of the following reasons: A. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 or more days through no act or fault of the Contractor or its employees. B. If the City should fail to pay any undisputed sum owed Contractor within forty-five days after the sum becomes due. 26. Liquidated Damages. The parties agree that the damages suffered by City as a result of the Work not being completed within the time provided for in this Agreement (“Stated Time”) would be extremely difficult to calculate. Therefore, in addition to any other remedies, in the event the Work is not completed within the Stated Time, the Contractor and its sureties shall be assessed liquidated damages of one percent of the total Contract Price or $500.00, whichever is greater, per day for each calendar day of delay excluding Saturdays, Sundays, and Holidays until the Work is complete. This sum shall be deducted from the Contract Price at the time of final payment. Contractor and City hereby acknowledge and agree that the terms, conditions and amount fixed under this paragraph are reasonable, considering the disruption and costs City will likely incur, including but not limited to inconvenience to the public, added cost of engineering and supervision, and legal costs, as a result of the Work not being completed within the Stated Time. 27. Mediation. Each dispute, claim or controversy arising from or related to this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Upon service of a written notice requesting mediation, the parties shall have ten (10) days to jointly select one person to act as mediator. If the parties are unable to agree upon a mediator, the parties shall ask the Scott County District Court to select a mediator. The mediation shall be conducted pursuant to the commercial mediation procedures of the American Arbitration Association but shall not be administered by the American Arbitration Association. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Each party shall bear its own costs of the mediation process. The parties shall share equally the fees and expenses of the mediator. Mediation shall be held in the City of Prior Lake unless another location is mutually agreed upon by the parties. The parties acknowledge that mediation is a voluntary process, and that the mediator does not have the authority to bind either party absent the party’s consent. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 28. Notice. Any notice required or permitted under this Agreement shall be delivered in one or more of the following manners: (i) delivered personally; (ii) mailed by United States mail; or (iii) deposited cost paid with a nationally recognized, reputable overnight courier. Notice shall be delivered or directed to an officer or agent of the Contractor or to the City Manager as applicable at the address set forth on page 1 of this Agreement. Notice shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party in any manner above specified, 10 days prior to the effective date of such change. Page 10 of 12 29. Independent Contractor. At all times and for all purposes, Contractor is an independent contractor engaged by City to perform the services described in this Agreement and Contractor shall have no authority to employ persons or make purchases on behalf of City, or otherwise bind or obligate City. No statement in this Agreement shall be construed to find the Contractor an employee of the City. 30. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one year thereafter, without prior written consent of the former employer in each case. 31. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 32. Audit Disclosure. Pursuant to Minn. Stat. 16C.05, Subd. 5, the books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six years after the effective date of this Agreement. 33. Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (“Data Practices Act”). All government data, as defined in the Data Practices Act, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 34. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for the Work, and will require all of its subcontractors for the Work to incorporate such requirements in all subcontracts for the Work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 35. Conflicts. No salaried officer or employee of the City and no member of the Council, or Commission, or Board of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders this Agreement void. 36. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. Page 11 of 12 37. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 38. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 39. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. Venue and jurisdiction for any action, suit or proceeding arising out of this Agreement shall be only in the courts of Scott County, Minnesota or the federal courts for the United States for the District of Minnesota. 40. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 41. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 42. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under this Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 43. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. In witness whereof, the parties have caused this Agreement to be executed by their duly authorized agents. Page 12 of 12 CITY OF PRIOR LAKE ______________________ __________________________________ Date Mayor ___________________________________ City Manager CHOICE ELECTRIC ______________________ By: ________________________________ Date Its: _______________________________ Shakopee, MN 55379 Proposal: Prior Lake Underground Services Date: 3/9/2022 Company: City of Prior Lake Attn: 3/9/2022 Introduction This proposal is for the installation of underground secondary conductors to three businesses on Colorado Street in Prior Lake. We have also included the installation of meter sockets to the houses west of the three businesses. This quote is intended as a budget number, not to exceed. Scope of Work Furnish and install an Xcel transformer generator pad Furnish and install 2.5" conduit from XFMR to (3) businesses Furnish and install 200 amp conductors Make connections at the meter sockets Remove overhead masts at (4) houses Furnish and install (4) meter sockets Provide trenching and backfill Provide Permit(s) Excludes saw cutting and patching (if applicable) Excludes directional boring (if applicable) Financial Summary Choice Electric, Inc. will provide the labor and materials described in this proposal for $48,515.00 We appreciate this opportunity. Please contact me with any questions. Jesse Thompson Choice Electric, Inc. 952-445-2625 (office) 612-600-5670 (cell) 952-403-9220 (fax) 3080 4th Ave East EXHIBIT A S:\Council Reports\2022\0418\Mowing contract\20220418 Contract for Services.docx Page 1 Standard Contract for Services This agreement (“Agreement”) is between the City of Prior Lake, Minnesota ("City"), whose business address is 4646 Dakota Street SE, Prior Lake, MN 55372, and Bird’s Lawn Care, LLC ("Contractor") whose business address is 1117 Quincy St, Shakopee, MN 55379. Based on the mutual promises and covenants set forth herein, the sufficiency of which are hereby acknowledged, the City and Contractor agree as follows: 1. Scope of Work. Contractor agrees to provide, perform and complete all the services in accordance with the terms of this Agreement and attached Exhibit A (“Work”). The terms of this Agreement shall take precedence over any provisions of the Contractor’s proposal and/or general conditions. If Contractor’s proposal is attached as Exhibit A, City rejects any contract terms and/or general conditions included in such proposal unless specifically agreed to by the City in writing. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of April 18, 2022. This Agreement shall continue for one year thereafter, and automatically renew from year to year after expiration of said one-year period except that this Agreement may be terminated at the end of any one-year period with sixty (60) days prior written notice from either party. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $31,262.44 as full and complete payment for the Work in 2022 (“Contract Price”). Updated pricing for each subsequent year shall be provided by the Contractor by August 30 of each year, assuming neither party has issued a notice of termination. A. Any changes in the scope of the Work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services or materials that do not have prior written authorization. B. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by the period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. Method of Payment. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed and the payments requested under this Agreement. Contractor shall provide an itemized listing of all expenses and such other documentation as reasonably required by the City. Each invoice shall contain the City’s project number and a progress summary showing the current billing, past payments and unexpended balance of the Contract Price. Invoices submitted shall be paid in the same manner as other claims made to the City. S:\Council Reports\2022\0418\Mowing contract\20220418 Contract for Services.docx Page 2 A. Claims. In compliance with Minn. Stat. 471.38, by making a claim for payment, Contractor is declaring that the account, claim, or demand is just and correct and that no part of it has been paid. B. Waiver of Claims. The Contractor’s acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of application for final payment. 5. Compliance with Laws and Regulations. In providing the Work, the Contractor shall abide by all statutes, ordinances, rules, and regulations pertaining to the Work. Any violation of statutes, ordinances, rules and regulations pertaining to the Work shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 6. Contractor’s Employees. Contractor and its employees, representatives and agents shall comply with all City policies (no smoking, parking location, check in, sign it, etc.). Contractor and its employees, representatives and agents shall use care, coordination and communication in order to ensure City employees and guests are not disturbed or inconvenienced. Contractor’s employees, representatives and agents shall be neat appearing and at City’s request wear an identification badge approved by the City. Contractor must honor the City’s request to reassign an employee, representative or agent whom the City determines is unsuitable for the Work. When necessary, Contractor’s employees, representatives and agents will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. The City shall have the right to perform or require to be performed criminal background checks on any employee, representative or agent of the Contractor who will perform any aspect of the Work. The Contractor shall cooperate with the City in the performance of all such criminal background checks. 7. Contractor’s Representative. Contractor has designated a project representative to coordinate with the City and manage the Work. The project representative shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms of this Agreement. Contractor may not remove or replace the project representative without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of the Work as is ordinarily exercised by members of the profession under similar circumstances in Scott County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete the Work in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of the Work. S:\Council Reports\2022\0418\Mowing contract\20220418 Contract for Services.docx Page 3 9. City’s Obligations. City will provide access to public and private property as necessary for Contractor to perform the Work. City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Contractor, and shall inform the Contractor of all decisions required of City within a reasonable time so as not to delay the Work. The City shall furnish the Contractor with a copy of any applicable policy, standard or criteria, including but not limited to, design and construction standards, that may be required for the Work. 10. City's Representative. City has designated a project representative with respect to the Work. He or she shall have authority to transmit instructions, receive information, and interpret the City's policy and decisions with respect to the Work. 11. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of this Agreement (“Information”) shall become the property of the City, but Contractor may retain copies of the Information as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the Work does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Agreement is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 12. Insurance. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect Contractor and City against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Contractor agrees to maintain all coverage required herein throughout the term of this Agreement and for a minimum of two years following City’s written acceptance of the Work. A. Such insurance shall include, but not be limited to, the following minimum coverages and limits of liability: i. Commercial General Liability Insurance. Commercial General Liability Insurance protecting Contractor and City from claims for damages for bodily injury, including death, and from claims for property damage, which may arise from operations under this Agreement. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. The City, including its elected and appointed officials, employees, and agents, must be endorsed as an Additional Insured using ISO Form CG 20 10 or equivalent for Ongoing Operations and ISO Form CG 20 37 or equivalent for Products/Completed Operations. Insurance minimum limits are as follows: S:\Council Reports\2022\0418\Mowing contract\20220418 Contract for Services.docx Page 4 • $1,000,000 – per occurrence • $2,000,000 – annual aggregate • $2,000,000 – annual aggregate – Products/Completed Operations ii. Workers’ Compensation Insurance. Workers’ Compensation Insurance for all Contractor’s employees in accordance with the statutory requirements of the State of Minnesota. The Contractor shall also provide Employer’s Liability Insurance with minimum limits as follows: • $500,000 – Bodily Injury by Disease per employee • $500,000 – Bodily Injury by Disease aggregate • $500,000 – Bodily Injury by Accident The Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. If Minnesota Statutes, Section 176.041 exempts the Contractor from Workers’ Compensation insurance, the Contractor must provide a written statement, signed by an authorized representative, indicating the qualifying exemption that excludes the Contractor from the Minnesota Workers’ Compensation requirements. iii. Business Automobile Liability Insurance. Business Automobile Liability Insurance protecting City and Contractor from claims for damages for bodily injury, including death, and from claims for property damage resulting from the ownership, operation, maintenance or use of all autos which may arise from operations under this Agreement. Insurance minimum limits are as follows: • $1,000,000 – per occurrence Combined Single Limit for Bodily Injury and Property Damage including Owned, Hired, and Non-owned Automobiles. iv. Professional/Technical (Errors and Omissions) Liability Insurance. Professional Liability (Errors and Omissions) Insurance that provides coverage for all claims the Contractor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to the Contractor’s professional services required under this Agreement. The Contractor is required to carry the following minimum limits: • $2,000,000 – per claim • $2,000,000 – annual aggregate The retroactive or prior acts date of such coverage shall not be after the effective date of this Agreement and the Contractor shall maintain such insurance for a period of at least two years, following completion of the work. If such insurance is discontinued, extended reporting period coverage must be obtained by the Contractor to fulfill this requirement. S:\Council Reports\2022\0418\Mowing contract\20220418 Contract for Services.docx Page 5 B. All of the insurance policies required by this Agreement shall comply with the following: i. The Contractor’s policies, except Worker’s Compensation Insurance and Professional/Technical Liability Insurance, shall be primary insurance and non- contributory to any other valid and collectible insurance available to the City with respect to any claim arising out of the Contractor’s performance under this Agreement including the defense and indemnity obligations assumed by Contractor under this Agreement. ii. An Umbrella or Excess Liability insurance policy may be used to supplement the Contractor’s policy limits to satisfy the full policy limits required by this Agreement. iii. All insurance shall be provided on an occurrence basis and not on a claims- made basis, except professional liability insurance or other coverage not reasonably available on an occurrence basis; provided that all such claims- made coverage is subject to the approval of the City Attorney. iv. Any insurance limits in excess of the minimum limits shall be available to the City. v. All policies, except professional liability, shall be endorsed with a waiver of subrogation in favor of the City, including its elected and appointed officials, employees, and agents for losses arising from activities under this Agreement. vi. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required. The City may require the Contractor to provide proof of ability to pay losses and related expenses within the deductible and retention. vii. The Contractor is required to submit a Certificate of Insurance acceptable to the City as evidence of the required insurance coverage requirements. viii. The Contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty days’ advanced written notice to the City, or ten days’ written notice for non-payment of premium. ix. The Contractor is responsible to review and ensure all subcontractors comply with the insurance provisions contained herein and said insurance is maintained as specified. x. If the City authorizes the Contractor to be self-insured, a Certificate of Self- Insurance must be attached. xi. The Contractor shall obtain insurance policies from insurance companies having an “AM BEST” rating of A- (minus); Financial Size Category (FSC) VII or better and authorized to do business in the State of Minnesota, or as approved by the City. xii. The City reserves the right to immediately terminate this Agreement if the Contractor is not in compliance with the insurance requirements and retains all rights to pursue any remedies against the Contractor. xiii. All insurance policies must be open to inspection by the City, and copies of policies must be submitted to the City’s authorized representative upon written request. S:\Council Reports\2022\0418\Mowing contract\20220418 Contract for Services.docx Page 6 xiv. The City’s failure to approve or disapprove the Contractor’s policies or certificates shall not relieve the Contractor of full responsibility to maintain the required insurance. xv. If the coverage period shown on the Contractor's current certificate of insurance ends during the duration of the project, the Contractor must, prior to the end of the coverage period, obtain a new certificate of insurance showing that coverage has been extended. xvi. No representation is made that the minimum insurance requirements are sufficient to cover the obligations of the Contractor under this Agreement. C. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to take one of the following actions within fifteen days of receiving notice from the City.: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. 13. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, representatives, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, representatives, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 14. Termination. This Agreement may be terminated by either party by thirty days' written notice delivered to the other party at the addresses written above. Upon termination S:\Council Reports\2022\0418\Mowing contract\20220418 Contract for Services.docx Page 7 under this provision if there is no fault of the Contractor, the Contractor shall be paid for Work performed until the effective date of termination. 15. Mediation. Each dispute, claim or controversy arising from or related to this Agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Upon service of a written notice requesting mediation, the parties shall have ten (10) days to jointly select one person to act as mediator. If the parties are unable to agree upon a mediator, the parties shall ask the Scott County District Court to select a mediator. The mediation shall be conducted pursuant to the commercial mediation procedures of the American Arbitration Association but shall not be administered by the American Arbitration Association. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Each party shall bear its own costs of the mediation process. The parties shall share equally the fees and expenses of the mediator. Mediation shall be held in the City of Prior Lake unless another location is mutually agreed upon by the parties. The parties acknowledge that mediation is a voluntary process, and that the mediator does not have the authority to bind either party absent the party’s consent. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 16. Notice. Any notice required or permitted under this Agreement shall be delivered in one or more of the following manners: (i) delivered personally; (ii) mailed by United States mail; or (iii) deposited cost paid with a nationally recognized, reputable overnight courier. Notice shall be delivered or directed to an officer or agent of the Contractor or to the City Manager as applicable at the address set forth on page 1 of this Agreement. Notice shall be deemed effective on the date of receipt. Any party may change its address for the service of notice by giving written notice of such change to the other party in any manner above specified, 10 days prior to the effective date of such change. 17. Independent Contractor. At all times and for all purposes, Contractor is an independent contractor engaged by City to perform the services described in this Agreement and Contractor shall have no authority to employ persons or make purchases on behalf of City, or otherwise bind or obligate City. No statement in this Agreement shall be construed to find the Contractor an employee of the City. 18. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one year thereafter, without prior written consent of the former employer in each case. 19. Assignment or Subcontract. Contractor shall not subcontract any part of the Work; nor may Contractor assign this Agreement, or any interest arising herein, without the prior written consent of the City. S:\Council Reports\2022\0418\Mowing contract\20220418 Contract for Services.docx Page 8 20. Audit Disclosure. Pursuant to Minn. Stat. 16C.05, Subd. 5, the books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six years after the effective date of this Agreement. 21. Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (“Data Practices Act”). All government data, as defined in the Data Practices Act, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 22. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for the Work, and will require all of its subcontractors for the Work to incorporate such requirements in all subcontracts for the Work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 23. Conflicts. No salaried officer or employee of the City and no member of the Council, or Commission, or Board of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders this Agreement void. 24. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 25. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. S:\Council Reports\2022\0418\Mowing contract\20220418 Contract for Services.docx Page 9 26. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 27. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. Venue and jurisdiction for any action, suit or proceeding arising out of this Agreement shall be only in the courts of Scott County, Minnesota or the federal courts for the United States for the District of Minnesota. 28. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 29. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Contract. 30. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under this Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 31. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. In witness whereof, the parties have caused this Agreement to be executed by their duly authorized agents. S:\Council Reports\2022\0418\Mowing contract\20220418 Contract for Services.docx Page 10 CITY OF PRIOR LAKE __________________________________ Mayor ___________________________________ City Manager BIRD’S LAWN CARE, LLC By: ________________________________ Its: ________________________________ S:\Council Reports\2022\0418\Mowing contract\20220418 Contract for Services.docx Page 11 EXHIBIT A - STANDARDS Section 1 – Spring Cleanup 1.1 Inspection of Area The Contractor shall inspect the areas and acquaint themselves with all locations, physical conditions and scope of work involved. 1.2 Scheduling Begin as soon as ground conditions and weather permits. Spring cleanup must be completed at all sites by May 15 of each year. 1.3 Quality Indicators Remove and properly dispose of all cleanup-related debris. Section 2 – Lawn Mowing 2.1 Inspection of Area The Contractor shall inspect the areas and acquaint themselves with all physical conditions involved. 2.2 Scheduling Mowing shall occur between the hours of 7 AM - 7 PM, Monday through Friday, or 8 AM - 5 PM Saturday. 2.3 Cutting Intervals All turf areas shall be mowed at least once every seven (7) days. 2.4 Height of Cut All grass shall be maintained to a minimum height of 2.5" and a maximum height of 3.5". Mowers shall be sharp and always adjusted to the specified cutting height. The Maintenance Superintendent must approve any changes to the minimum and maximum heights. The City reserves the right to change the height of cut with proper notification to the contractor. 2.5 Policing of Grounds Prior to mowing turf areas, all trash and debris including cans, rocks, bottles and papers will be removed and properly disposed of. 2.6 Cleaning of Walks and Pavements Clippings will not be discharged onto sidewalks or pavements. All walks and pavements will be swept or blown clean after mowing to remove and properly dispose of all grass clippings and debris. 2.7 Grass Clippings Grass clippings may remain on the turf, provided they are evenly disbursed. Any detectable clumping must be promptly bagged and properly disposed of. S:\Council Reports\2022\0418\Mowing contract\20220418 Contract for Services.docx Page 12 Section 3 – Edging and Weeding 3.1 Inspection of Area The Contractor shall inspect the area and acquaint themselves with all locations, physical conditions and scope of the work involved. 3.2 Edging and Weeding Edging is defined as clipping of vegetation growing adjacent to, horizontally over or through walks, sprinkler heads, driveways, parking lots, trees, curbs, shrub beds, utility poles, sign posts, playgrounds or any other place where required to present a neat, well-maintained appearance. Edging will occur with every other grass cutting cycle, or more often if needed. Edging the cultivated areas around trees, shrubs, mulch beds, walks and pavements will be required once per month. The grass shall be edged to a line parallel to, and not more than, one inch from the edge of the walks and pavement or curbing. 3.3 Weed Control Contractor will provide a minimum of two applications of herbicide treatments. The herbicide program shall consist of one application of a combination of pre-emergent weed control (crabgrass) and broadleaf weed control herbicide (Barricade, Triplet, Trimec or approved equal) between May 1 and May 20 each year (contractor may apply pre-emergent weed control and broadleaf weed control separately if desired), and one broadleaf weed control herbicide (Triplet, Trimec or approved equal) in August or September each year. Both applications shall be made before dandelions go to seed. Re-application at no additional cost will be required for unsatisfactory results. The designated City representative shall be notified a minimum of 24 hours prior to application. Contractor shall post sites with the appropriate signage indicating sites have been treated. Section 4 - Fertilization 4.1 Inspection of Area The Contractor shall inspect the areas to acquaint themselves with all physical conditions and the scope of work involved. 4.2 Fertilizing Fertilizer shall be applied twice during the growing season. The first application shall be applied in early spring each year, after the spring cleanup and prior to May 20. The fertilizer shall be a minimum of 25% slow release. A grade analysis of 20-0-20, 24-0-12, 30-0-15 or pre-approved equal shall be applied at a rate of 1.0 pound of nitrogen per 1,000 square feet. The second application shall be applied between August 15 and September 30 each year, and shall be a grade analysis of 20-0-20, 24-0-12 or pre-approved alternate with a minimum of 25% slow release, applied at a rate of 1.0-pound nitrogen per 1,000 square feet. Section 5 - Litter Pickup and Sidewalk & Parking Lot Maintenance 5.1 Inspection of Area S:\Council Reports\2022\0418\Mowing contract\20220418 Contract for Services.docx Page 13 The Contractor shall inspect areas shown on the map to acquaint themselves with all physical conditions and the scope of the work involved. 5.2 Litter Pickup In conjunction with the weekly turf maintenance program, all areas within the contract area including sidewalks, parking lots, shrub beds and turf areas shall be monitored for litter and debris. 5.3 Sidewalk & Parking Lot Maintenance In conjunction with the weekly turf maintenance program, sidewalks and parking lots within the contract area shall be checked. Any gravel, stones, sand, dirt, broken glass or other debris shall be swept and properly disposed of. Weeds in cracks on sidewalks and parking lots shall be sprayed with Round-Up (or approved equivalent) and then removed after product takes effect. Section 6 – Fall Aeration 6.1 Inspection of Area The Contractor shall inspect areas shown on the map to acquaint themselves with all physical conditions and the scope of the work involved. 6.2 Scheduling To be completed between October 1 and November 1 each year, weather permitting. All sites shall be completed prior to first significant, sustained snowfall. Section 7 – Fall Cleanup 7.1 Inspection of Area The Contractor shall inspect areas shown on the map to acquaint themselves with all physical conditions and the scope of the work involved. 7.2 Scheduling To be completed between October 1 and November 1 each year, weather permitting. All sites shall be completed prior to first significant, sustained snowfall. 7.3 Quality Indicators A final cutting to a lower height of 2.0" to 2.5" will be done to prepare turf for winter. Removal and proper disposal of clippings and waste shall be included. EXHIBIT A 152 126 117 102 83 81 78 67 61 51 31 10 16% 13% 12% 11% 9%9%8% 7% 6% 2% 3% 1% Percent of Total Violations & Number in Each Category 2021 # of Complaints % of Complaints EXHIBIT B 0 20 40 60 80 100 120 140 160 180 200 76 105 191 116 6 106 45 7 124 31 138 183 64 169 98 48 23 77 42 10 100 6…6… 52 81 152 61 117 31 83 67 10 126 5… 78 102 # of ViolationsViolations Categories Violation Comparison 2019 -2021 2019 -1128 2020 -816 2021-959Yearly Totals EXHIBIT C 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 VIOLATIONS 314 802 664 919 832 823 1075 1128 816 959 CLOSED CASES 295 595 516 685 633 600 762 710 551 673 314 802 664 919 832 823 1075 1128 816 959 295 595 516 685 633 600 762 710 551 673 0 200 400 600 800 1000 1200 10 YEAR TOTAL VIOLATIONS AND CLOSED CASES TOTALS EXHIBIT D 140 378 94 44 17 21% 56% 14% 7%2% 0 50 100 150 200 250 300 350 400 5 DAYS OR LESS No Violation No Action Required 140 cases 21% 14 DAYS One Notice 378 cases 56% 28 DAYS Two Notices 94 cases 14% 60 DAYS Third/Final Notice 44 cases 7% Citation/Abatement Closed Cases 17 cases > 2%PercentageType of Notice & Length of Process to Resolve Violation/s PROCESS FOR CLOSED 2021 CASES QUANTITY PERCENTAGE EXHIBIT E Anonymous/Combo Citizens Pro-Active Code Officer Internal Staff # of Complaints 53 281 311 28 % of Complaints 8%42%46%4% 8% 42% 46% 4% 0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 50% 0 50 100 150 200 250 300 350 SOURCE OF 2021 CLOSED CASES 2605 Fernbrook Lane, Suite B Plymouth, MN 55447 715-710-5243 Jeffers Pond Planned Unit Development (PUD) Concept Plan Review Outlot A Jeffers Corner 1st Addition – Commercial Property Owner / Applicant Jeffers Foundation Kelly Johnson, CFO Fergus Wooley, CEO Architecture / Engineering Kimley Horn, Will Matzek Pioneer Engineering, Nick Polta, Jenny Thompson Brokerage – Listing Agent HJ Development, Chris Moe Proposal Overview With this application the Jeffers Foundation has prepared concept plans showing how the future development commercial areas, included in the Jeffers Pond PUD can be achieved. The current approved PUD amendment, includes a commercial component showing 87,000 square feet of commercial uses. The attached updated concepts provide examples and clarification about how and where the commercial component of the PUD can be achieved, in conjunction with the development proposals submitted for the remaining areas of the PUD. The concept plans included show the future commercial uses, within the NE corner of the development. This area was part of Outlot C, Jeffers Pond (OLC) and is now known as Outlot A, Jeffers Corner 1st Addition (OLA). History The development of the Jeffers Pond property began in 1999. The 360 acre property, was part of the larger estate left by the late Robert Jeffers. Paul Oberg, as executor of the Robert Jeffers Estate had the task of forming a non-profit organization from the proceeds of the estate dedicated to preserving and teaching environmental stewardship. Paul Oberg selected the initial development team to work with him on these goals. The development team worked with the City of Prior Lake and participated in the 2020 vision planning process. This initial development proposal included several goals integrated that were part of the 2020 vision plan. These included: · A future elementary school (achieved) · A fire station (achieved) · A nature park (achieved) · Expanded trail system (achieved) All of these stated goals have since been built as part of the Jeffers Pond Development to date. The population density in the area (1999 – 2001) was not significant enough to support the existing commercial zoning of the northern portion of the Jeffers Pond property. Re-zoning from C-BO (old zoning code) was a something the Prior Lake City Council was considering. In October 2002, the DNR approved the reclassification of the Jeffers Pond from a Natural Environmental (NE) waterbody to a Recreation Development (RD) waterbody. (Note. Prior Lake is General Development classification which is a lower standard of protection) This approval was contingent upon establishing a publicly owned natural vegetation buffer, prohibiting the use of motorized watercraft and private docks, preserving the steep slopes and trees surrounding the pond, and creating storm water retention ponds with infiltration basins to treat the storm water and improve the water quality of Jeffers Pond. All of these restrictions were included and incorporated in the design of the approved Jeffers Pond PUD. In November 2002, once the DNR re-classification process had concluded, the City of Prior Lake City Council reviewed a request to re- zone the northern 160 acres from C-BO Business Office Park and R- L/MD Low to Medium Density residential uses. The draft proposal called for 950 housing units, and the commercial base that was previously shown in this area was to be located in other parts of the city. In an attempt to fulfill both the housing goals and provide opportunities for commercial development, the development group created a concept plan and preliminary plat that could meet both the housing and commercial needs within the requirements of the Shoreland Overlay District. This concept plan required completing an Environmental Assessment Worksheet (EAW). The completed EAW Identified some areas where this initial plan did not fully meet the necessary guidelines. Therefor the concept needed to be re-designed. The developer selected by the Jeffers Foundation for the northern commercial portion of the development (Deanovic team) was unwilling to revise their plans, leaving the Jeffers Foundation seeking a developer for the commercial area. In January 2004, the development group changed to Wensmann Homes. Wensmann Homes, along with the Jeffers Foundation, became the primary developer of Jeffers Pond. A final concept plan was prepared and, the EAW study was successfully updated and published in late July 2004. The Jeffers Pond / Jeffers Waterfront project was designed to include a combination of life cycle housing choices, a variety of housing price points, shopping opportunities, pedestrian friendly walkways, pristine nature park, elementary school and active recreational parks. As currently developed, the public benefits of Jeffers Pond are significant. They include the following: · Preserved natural features, over 177 acres of open space that is ecologically beneficial to the area. · Parks, picnic areas, playgrounds, ball fields · Natural areas and nature trails for the enjoyment not only for the residents with immediate access, but the entire Prior Lake community. These areas include over 5 miles of public trails and sidewalks that cover the development. Jeffers Pond Elementary School · Prior Lake Fire Station. The original PUD incorporated perimeter uses that were consistent with adjacent land uses, topography consideration, forest preservation, and waterfront buffering. The northern 28 acres was designated as the “commercial area” and was shown within Outlot B and Outlot C, Jeffers Pond (OLB and OLC). Higher density units and commercial areas were placed in areas that allowed ease of access to the county roads and in areas that avoided congestion. The less intense residential uses were designed for the interior of the development where additional sensitivity to the natural amenities of the site could be achieved. This has not changed and the 2 residential PUD applications that you will soon be reviewing are following these guidelines. Current Status As part of the designation of Jeffers Pond as a Recreational Development (RD) lake a shoreland tier overlay was applied to the development. Each tier limited the amount of impact within the tier for both housing units and the amount of impervious surface (shoreland overlay map exhibit “A”). The closer the tier, to the lake, the lower the allowable housing unit count and impervious surface impacts. In order to have a final calculation of the available impervious surface for the highly impervious commercial uses, the housing really needed to come first. All available impervious surface calculations are included in tables attached. This includes data from all the building permits approved to date. Any excess sq footage of impervious surface from each tier is allowed to be transferred outward. This transfer was expected and is needed in order to meet the impervious surface needs of the commercial development. The commercial development in Outlot C (OLC) falls within the first two tiers (tiers 1 and 2), which are more limited tiers. Any unused impervious surface from the residential areas from tiers 1 and 2 would be transferred to OLC for use in the commercial development. OLB falls within tier 3. Impervious surface of the housing proposed for OLB does not impact the commercial development in OLC as unused allowances cannot be transferred backwards (from tier 3, down to tier 1 and 2). In addition to needing the unused impervious surface allowances, “rooftops” were also needed to provide purchase power support for a commercial development. With this concept review application, we are providing two separate proposals for how the remaining commercial area can be developed. We have verified that each concept including current residential proposals stays within the allowed impervious surface. The tables (attached) verify that the proposed 87,000 square feet of commercial area can be achieved. Of the 87,000 square feet of commercial square feet required under the last PID amendment, 16,700 square feet are being satisfied by the Little Explorers development currently under construction, leaving a remaining balance of 70,300 square feet to be completed. Concept Designs There are two separate commercial concept plans attached. Concept 1 includes a 49,000 stand-alone “big box” – grocery store as well as a 5,000 sf stand-alone retail building. We have had discussions with potential grocery store developer prospects. While these buyers have not yet moved forward, they are currently considering this property as a future grocery site. In total, Concept 1 includes 70,700 sf of commercial uses. This is 16,300 sf short of the previous concept approval. That being said with some parking space requirement flexibility we would be able to expand the building shown to meet the goal of 87,000 sf. Concept 2 includes a 66,000 sf three-story medical / office / professional building and a 5,800 sf stand-alone retail similar to Concept 1. We have prospective buyers looking at this site with designs similar to what is shown in this concept. The total sf of this concept is 88,500 sq ft, slightly higher than the goal of 87,000 sq ft. Both drawings are “concepts”. They were designed to take into consideration parking and storm-water management requirements. The concepts show the property can meet the total 87,000 commercial square feet requirement but that there could be cases where some reasonable reductions or increases may be required to fit the needs of the specific user / buyer. Development Barriers Barriers - Previous barriers to commercial developments have been “rooftops”. Without residents to support the commercial development the property will continue to remain undeveloped. HJ Development will be providing an update on the efforts to date to secure commercial developers on the property. Impervious surface allocation area available – until we had development plans for all residential property, we were unsure if there would be potential limitations due based on the amount of impervious surface allowed within the Shoreland Overlay. With the two proposals that will soon be under consideration we are assured that we will not exceed the amount of impervious surface allocated to our PUD. Significant economic factors - Soon after filing of the Jeffers Pond Development was hit with its first major setback, the housing crisis and subsequent recession that lasted from 2008 – 2013. The original developer closed their doors during this crisis, and the platted lots were foreclosed on by various banks. During that time the Jeffers Foundation was unable to market the commercial property or the remaining residential property. In 2014-2015 new stormwater management requirements were implemented. These requirements significantly increased the area needed for storm water treatment. It is estimated that the area needed increased by at least 30%. The new stormwater management requirements coupled with the impervious surface area limitations already in place under the Shoreland Overlay District further limited the amount of land available fore development from the plans that were initially approved in 2005. The Jeffers Foundation was also involved in a petition for tax abatement in 2016-2017 through Scott County. This resulted in a significantly lower tax valuation of the commercial property, successful tax abatement and refund. The Scott County assessor agreed the property was overvalued as commercial property. From 2017-2020 the housing recovery was moving full speed, we believed that commercial development would follow. However, in late 2020 COVID hit, affecting commercial development more than any other type of development. COVID also re-set how people eat, shop, and work, with the final “new normal” yet to be determined. Flexibility to move and adapt with these resulting changes may be required. Project Direction The Jeffers Foundation is seeking minor flexibility during the marketing of the commercial property. Is 87,000 sq ft a hard “floor” for the minimum square footage or, is there minor flexibility. As a PUD each project still requires review and approval. Would commercial development requests be denied if they do not meet the exact sq footage? Could there be flexibility in parking requirements to allow for larger building sizes? The two concept sketches shown range from 88,500 – 70,700. Is there a hard, fast number needed to design around? The proposed housing projects before the Planning Commission and Council will provide the additional residents and housing units to support the marketing efforts of commercial development. The housing meets the needs of the community, provides the additional lifestyle housing options which was a goal of the PUD and further supports commercial development. The Jeffers Foundation supports the two applications currently being requested. Conclusion The Jeffers Foundation is a non-profit organization. The proceeds from any development within Jeffers Pond is used for charitable purposes only. Prior Lake School District and the City of Prior Lake have been direct beneficiaries of the Jeffers Foundation. The priority of the Jeffers Foundation is not for profit, it is simply to convert land holdings into a cash asset to use for charitable purposes. Jeffers Pond Development has been in process for nearly 20 years and with the two proposals coming before the Council will be nearly complete. The feedback and direction the Jeffers Foundation is seeking provides a means to facilitate the marketing and development of the remaining commercial areas of Jeffers Pond. Exhibit “A” Shoreland overlay map FOUNTAIN HILLS DRIVEEAGLE CREEK AVENUE 140TH STREET (COUNTY ROAD 42)PONDPONDPONDPROPOSED BUILDING3-STORY66,000 SFDAYCARE16,700 SFPROPOSEDBUILDING5,800 SFWETLANDWETLAND111232OF3-21-22DateRevisions XXXXXXDesignedDrawn11JEFFERS FOUNDATION901 TWELVE OAKS CENTER DRIVE #914WAYZATA, MINNESOTA 55391JEFFERS COMMERCIAL2422 Enterprise DriveMendota Heights, MN 55120(651) 681-1914PRIOR LAKE, MINNESOTACIVIL ENGINEERSLAND PLANNERSLAND SURVEYORSLANDSCAPE ARCHITECTSCONCEPT PLAN 1c2011 Pioneer Engineeringwww.pioneereng.comFax: 681-9488 FOUNTAIN HILLS DRIVEEAGLE CREEK AVENUE 140TH STREET (COUNTY ROAD 42)PONDPONDPONDPROPOSED BUILDING49,000 SFDAYCARE16,700 SFPROPOSEDBUILDING5,000 SFWETLANDWETLAND111232OF3-21-22DateRevisions XXXXXXDesignedDrawn11JEFFERS FOUNDATION901 TWELVE OAKS CENTER DRIVE #914WAYZATA, MINNESOTA 55391JEFFERS COMMERCIAL2422 Enterprise DriveMendota Heights, MN 55120(651) 681-1914PRIOR LAKE, MINNESOTACIVIL ENGINEERSLAND PLANNERSLAND SURVEYORSLANDSCAPE ARCHITECTSCONCEPT PLAN 2c2011 Pioneer Engineeringwww.pioneereng.comFax: 681-9488 01-ENG-121290-SHEET-SITE-PUD 2.2SITE PLAN I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota c 21OFTHE PRESERVE AT JEFFERS POND PIROR LAKE, MINNESOTA INTEGRATE PROPERTIES, LLC 6980 SAND RIDGE ROAD 02-14-2022 JMM JMM/MSN Name Reg. No.Date Revisions Date Designed Drawn 2022 Pioneer Engineering, P.A. Mendota Heights, MN 55120 2422 Enterprise Drive (651) 681-1914 Fax: 681-9488www.pioneereng.com LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS 45831 02-14-2022 John M. Molinaro EDEN PRAIRIE, MINNESOTA 55346 C.S.A.H. NO. 42 (140TH STREET NW.) (PUBLICLY DEDICATED ROAD - VARIABLE WIDTH) OUTLOT C FOUN T A IN H I L L S D R I V E 25' B UIL DI N G S E T B A C K 25' BUILDING SETBACK25' BUILDING SETBACK 25' BUILDING SETBACK 30' BUILDING SETBACK3 0 ' B U I L D I N G S E T B A C K 118 UNIT MULTI-FAMILY RESIDENCE 44,233 SF FFE = 889 GFE = 878 21 103 UNIT MULTI-FAMILY RESIDENCE 37,898 SF FFE = 887 GFE = 876 22 13 13 18 19 16 16 14 14 BASIN 2P UNDERGROUND SYSTEM BASIN 1P TREATMENT POND BASIN 3P DETENTION POND 25' B UIL DI N G S E T B A C K 25' BUILDING SETBACK25' BUILDING SETBACK 25' BUILDING SETBACK 30' BUILDING SETBACK3 0 ' B U I L D I N G S E T B A C K 118 UNIT MULTI-FAMILY RESIDENCE 44,233 SF FFE = 889 GFE = 878 21 103 UNIT MULTI-FAMILY RESIDENCE 37,898 SF FFE = 887 GFE = 876 22 13 13 18 19 16 16 14 14 BASIN 2P UNDERGROUND SYSTEM BASIN 1P TREATMENT POND BASIN 3P DETENTION POND A 18'(TYP) 24' A F F F F F F F F B B B B BB B B B B B 24' 18' 6' 9' 24' 40.25' I J J L 28' 84.98' 6' 24.00 A A A A A AAA 18'(TYP) 9'(TYP) 24' 6' 6' 22' 28' G GB G GK K H E H E H E H E H E M D C R20' R20'R20' R20' R25' R4.5' R5' R5' R5' R5' R5' R5' R29' R25' R4.5' R4.5' R25' R29' R5' R4.5'R5' R5' R5'R25' R4.5' A FF F A 24' 9' 24' G NO DATE BY CKD APPR SHEET OF Date License # Print Name: I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. DRAWN BY DESIGNED BY CHECKED BY PROJECT NO. PRELIMINARY DESIGN REVIEW PERMIT SUBMITTAL CONSTRUCTION DOCUMENTS REV. COMMENT Engineering | Surveying | Planning | Environmental© 2021 Sambatek RACHEL DEVELOPMENT AND VINCENT OUTLOT C, JEFFERS POND FIRST ADDITION 12/13/2021 PRIOR LAKE, MN50475 12/15/2021 JRM JRM BWF JACOB R MITZEL 58666 A 03/18/2022 JRM BWF JRM CITY RESUBMITTAL A SCALE IN FEET 0 10050 NORTH THE SUBSURFACE UTILITY INFORMATION SHOWN ON THESE PLANS IS A UTILITY QUALITY LEVEL D. THIS QUALITY LEVEL WAS DETERMINED ACCORDING TO THE GUIDELINES OF ASCE/CI 38-02, TITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA." THE CONTRACTOR AND/OR SUBCONTRACTORS SHALL DETERMINE THE EXACT LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK, BY CONTACTING THE NOTIFICATION CENTER (GOPHER STATE ONE FOR MINNESOTA). THE CONTRACTOR AND/OR SUBCONTRACTOR AGREE TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES, WHICH MIGHT BE OCCASIONED BY HIS OR HER FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL UTILITIES (UNDERGROUND AND OVERHEAD). IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSED IMPROVEMENTS SHOWN ON THE PLANS. A.BUILDING, STOOPS, STAIRS (SEE ARCHITECTURAL PLANS) B.B-612 CONCRETE CURB AND GUTTER C.POOL DECK (SEE ARCHITECTURAL PLANS FOR DETAILS) D.DOG PARK (SEE ARCHITECTURAL PLANS FOR DETAILS) E.FLAT CURB SECTION F.CONCRETE SIDEWALK G.SEGMENTAL BLOCK RETAINING WALL H.ACCESSIBLE RAMP I.ACCESSIBLE STALL STRIPING J.ACCESSIBLE PARKING SIGN K.TRANSFORMER L.EXISTING MONUMENT SIGN M.DECORATIVE FENCE KEY NOTES 1.NOTES PLACEHOLDER DEVELOPMENT NOTES CONCRETE CURB EASEMENT LINE BUILDING LINE WET LAND TREE LINE SAW CUT LINE SIGN PROPOSED EXISTING LEGEND BOLLARD ##REGULAR PARKING STALL COUNT 1 KEYNOTE HEAVY DUTY ASPHALT PAVING CONCRETE PAVING CONCRETE SIDEWALK PAVEMENT BY OTHERS (SEE ARCHITECTURAL PLANS) BOUNDARY LINE AREA GROSS SITE AREA NET SITE AREA APARTMENT SETBACKS FRONT YARD REAR YARD SIDE YARD WETLAND SUMMARY NORTH WETLAND AREA SOUTH WETLAND AREA WETLAND BUFFER SUMMARY NORTH WETLAND BUFFER SOUTH WETLAND BUFFER PARKING SUMMARY TOTAL PARKING REQUIRED TOTAL PARKING PROVIDED COVERED PARKING PROVIDED SURFACE LOT PARKING PROVIDED BUILDING REQUIREMENTS GROUND FLOOR RATIO MAXIMUM BUILDING HEIGHT (APARTMENT) ZONING EXISTING ZONING PROPOSED ZONING DEVELOPMENT SUMMARY 491,363 SF 11.28 AC 370,260 SF 8.50 AC 30 FT/15 FT (CURB) 20 FT 20 FT 32,992 SF 0.76 AC 17,382 SF 0.40 AC 14331 SF 0.33 AC 14605 SF 0.34 AC PUD PUD (1.5 STALLS PER UNIT) 332 387 221 (6 ACCESSIBLE STALLS) 166 (2 ACCESSIBLE STALLS) 0.40 43.75 FT STANDARD DUTY ASPHALT PAVING 22.0S (LMS TECH) | JACOB MITZEL, PE (MN) | 3/17/2022 11:02:47 AML:\PROJECTS\50475\CAD\SHEETS\50475-C3-SITE.DWG:C3.01 - SITE PLANSITE PLAN C3.01 WETLAND BUFFER AREA STONE RETAINING WALL General Location Map 17232 Sunset Trail SW 040822v4 PURCHASE AGREEMENT This agreement (“Agreement”) is made as of April 20, 2022, between CITY OF PRIOR LAKE, a Minnesota municipal corporation (“Seller”), and MICHAEL P. JENSEN and MARY B. JENSEN, husband and wife, as joint tenants (collectively the “Buyer”), the date of full execution by the parties being the “Effective Date.” 1. SALE OF PROPERTY. Seller shall sell to Buyer, and Buyer shall buy from Seller, the real property located at 17232 Sunset Trail SW, Prior Lake, Scott County, Minnesota 55372, legally described as Lot 3, Sunset Shore (“Land”), Tax Parcel No. 25-1340031, together with (a) any vacated right-of-way that inures to the Land, and (b) all easements, hereditaments and rights benefitting or appurtenant to the Land (collectively the “Property”). Buyer desires to combine, consolidate, and improve the Property with Lot 2, Sunset Shore, for residential purposes (“Intended Use”). 2. PURCHASE PRICE AND MANNER OF PAYMENT. The total purchase price (“Purchase Price”) to be paid by Buyer to Seller for the Property shall be $140,000.00, payable as follows: 2.01 $2,500.00 as earnest money (“Earnest Money”) to be paid within two days after acceptance of this Agreement by Seller and held in trust by Scott County Abstract and Title, Inc., 223 Holmes Street, Shakopee, Minnesota 55379 (“Title”), pursuant to the terms of the escrow agreement attached hereto as Exhibit A (“Escrow Agreement”). At Closing (defined below), the Earnest Money shall be applied to the Purchase Price. 2.02 $137,500.00 payable at Closing. 3. CONTINGENCIES. Unless waived by Buyer in writing, Buyer’s obligation to purchase the Property shall be subject to and contingent upon each of the following: 3.01 The satisfaction of Buyer, in their sole discretion, with the Documents (defined below), and the suitability of the Property for the Intended Use. 3.02 Buyer shall have secured a commitment for financing the acquisition and improvement of the Property for the Intended Use upon terms acceptable to Buyer, in their sole discretion. 3.03 The “Contingency Date” shall be the Closing Date. If any of the foregoing contingencies have not been satisfied on or before the Contingency Date, then this Agreement is terminated; and (a) Buyer and Seller shall execute a termination of this Agreement, (b) the Earnest Money shall be released to Buyer, and (c) neither party will have further rights or obligations regarding this Agreement or the Property. If all contingencies are satisfied in writing on or before the Contingency Date, Seller and Buyer shall proceed to the Closing according to the terms hereof. 2 4. BUYER’S ACCESS AND INVESTIGATION. Seller shall allow Buyer, and Buyer’s agents, access to the Property at reasonable times for the purpose of Buyer’s investigation and testing the same. Buyer shall pay the costs and expenses of such investigation and testing, and shall indemnify, defend and hold Seller and the Property harmless from the costs and liabilities relating to Buyer’s activities. 5. SPECIAL COVENANTS. 5.01 Seller shall, within 5 days after the Effective Date, deliver to Buyer any existing surveys, soil tests and other reports regarding the Property that are in the possession or control of Seller (collectively the “Documents”). 5.02 Seller shall, concurrently or within 90 days after the Closing, vacate and replace the easement established upon the Property by the Certificate of Completion, dated October 12, 1983, filed for record August 17, 1998, as documents 97183 and 423203 (“Utility Easement”), to correct a defect in the legal description and include the placement and maintenance of the existing storm sewer line as an additional authorized use. 5.03 Buyer shall enter into a Special Lot Combination Agreement substantially in the form of the attached Exhibit B, to combine Lots 2 and 3, Sunset Shore, which shall be executed and recorded at Closing. Buyer shall apply for consolidation of the Property with Lot 2, Sunset Shore, into a single parcel for real estate tax purposes within sixty (60) days of the Closing. 5.04 To the extent the Property may constitute residential real estate, any obligation of Seller to provide a disclosure statement under Minn. Stat. § 513.55 is waived by Buyer. 6. CLOSING. 6.01 The closing of the purchase and sale contemplated by this Agreement (“Closing”) shall occur on or before May 27, 2022, (“Closing Date”). The Closing shall take place at 10:00 a.m. at the office of Title or at such other time and place as Seller and Buyer may mutually determine. Seller agrees to deliver possession of the Property to Buyer on the Closing Date. 6.02 On the Closing Date, Seller shall execute and/or deliver to Buyer the following (collectively “Seller’s Closing Documents”): (a) A Limited Warranty Deed (“Deed”), in recordable form reasonably satisfactory to Buyer, conveying the Property to Buyer, free and clear of all encumbrances, except the encumbrances set forth on the attached Exhibit C (“Permitted Encumbrances”). (b) An affidavit and/or indemnity (ALTA form) of Seller, as may be required by Title to issue the Policy (defined below), indicating that on the Closing Date (i) there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving Seller or the Property; (ii) there has been no skill, labor or material furnished to the Property for which 3 payment has not been made or for which mechanics’ liens could be filed; and (iii) there are no other unrecorded interests in the Property. (c) A non-foreign affidavit, properly executed, containing such information as is required by Internal Revenue Code Section 1445(b)(2) and its regulations. (d) All other documents reasonably determined by Buyer to be necessary to transfer the Property to Buyer free and clear of all encumbrances, except the Permitted Encumbrances. 6.03 Buyer’s Closing Documents. On the Closing Date, Buyer will execute and/or deliver to Seller the following (collectively “Buyer’s Closing Documents”): (a) The Purchase Price less the Earnest Money, by wire transfer or other immediately available funds to be delivered to Seller on the Closing Date. (b) All other documents reasonably determined by Title to record the Seller’s Closing Documents and issue the Policy. 7. PRORATIONS. 7.01 Buyer will pay all costs of the Commitment (defined below) and the fees charged by Title for any escrow required regarding Buyer’s Objections (defined below). Buyer will pay the premiums required for the issuance of the Policy. Seller and Buyer shall each pay one-half of any reasonable and customary closing fee or charge imposed by Title. 7.02 Seller shall pay any state deed tax regarding the Deed to be delivered by Seller under this Agreement. 7.03 At Closing, the Purchase Price shall be adjusted as follows: (a) The Property is currently owned by a municipal corporation and therefore exempt from state and local real estate taxes; provided that in the unlikely event that any such or a similar tax is payable in connection with the Closing, such tax shall be paid by the Seller at the Closing. (b) Levied or pending assessments (general or special) arising out of or in connection with any assessment district created or confirmed prior to the Closing Date, including any installment of such assessments and interest thereon certified for payment with the Taxes due and payable in the year of Closing, shall be paid by Seller at Closing. (c) Levied or pending assessments (general or special) arising out of or in connection with any assessment district created or confirmed on or after the Closing Date, including any installment of such assessments and interest thereon certified for payment with the Taxes due and payable in or after the year in which Closing occurs, shall be assumed by Buyer at 4 Closing or Buyer shall reimburse Seller for prepaid amounts at Closing in addition to the payment of the Purchase Price. 7.04 Seller will pay the cost of recording all documents necessary to place record title in the condition warranted by Seller and vacate the Utility Easement on the Property, and Buyer shall pay the cost of obtaining a corrective legal description, drawing thereof, and utility easement document to replace the Utility Easement. Buyer will pay the cost of recording all other documents, including the replacement utility easement. 7.05 Each of the parties will pay their own attorneys’ fees. 8. TITLE EXAMINATION. 8.01 Buyer shall, within 5 days after the Effective Date, obtain and furnish to Seller a commitment (“Commitment”) for an ALTA Form B 2021 owner’s policy of title insurance (“Policy”) insuring title to the Property in the amount of the Purchase Price. The Commitment will commit Title to insure title to the Property subject only to the Permitted Encumbrances. 8.02 Within 10 days after receiving both the Commitment, Buyer may make written objections (“Objections”) to their respective form and/or contents. Buyer’s failure to make any Objection within such time period will constitute a waiver of such Objection. Any matter shown on the Commitment and not objected to by Buyer shall become a Permitted Encumbrance. Seller will have 60 days after receipt to cure the Objections, during which period the Closing will be postponed as necessary. Seller shall use reasonable efforts to correct the Objections. If any Objections are not cured within such 60-day period, Buyer will have the option to do either of the following: (a) Terminate this Agreement and receive a refund of the Earnest Money; or (b) Waive the Objections and proceed to Closing. 8.03 Buyer shall obtain either the Policy pursuant to the Commitment, or a suitably marked up Commitment initialed by Title undertaking to issue the Policy in the form required by the Commitment as approved by Buyer. 9. REPRESENTATIONS AND WARRANTIES BY SELLER. Seller represents and warrants to Buyer as follows: 9.01 Seller has the authority to enter into and perform this Agreement and execute and deliver the Seller’s Closing Documents. 9.02 Seller is not a “foreign person”, “foreign partnership”, “foreign trust”, or “foreign estate” as those terms are defined in Section 1445 of the Internal Revenue Code. 9.03 To the best of Seller’s knowledge, there are no wells or individual sewage treatment systems located on the Property. 5 9.04 There is no proceedings of any kind pending or to the knowledge of Seller threatened against Seller or any portion of the Property. 9.05 To the best of Seller’s knowledge, there are not now, nor have there ever been underground or above ground storage tanks of any size or type located on the Property. 9.06 To the best of Seller’s knowledge, there are no Hazardous Materials on the Property. The term “Hazardous Materials” as used herein shall mean any hazardous or toxic substances, materials, chemicals, or wastes in any form and in any concentration that is or becomes regulated by the United States or any state or local government authority having jurisdiction over the Property. Seller will indemnify Buyer, its successors and assigns, against, and will hold Buyer, its successors and assigns harmless from, any expenses or damages, including reasonable attorney's fees, that Buyer incurs because of the breach of any of its representations and warranties, whether such breach is discovered before or after the conveyance of the Property for a period of one (1) year following the Date of Closing as defined below. 10. CONDITION. Buyer shall accept possession of the Real Property on the Closing Date strictly on an “AS IS, WHERE IS, WITH ALL FAULTS” basis, and that such sale shall be without representation or warranty of any kind, express or implied, except as otherwise provided herein. Buyer acknowledges and agrees that except for the proceeding to vacate the existing Utility Easement as provided in Paragraph 5.02, Seller shall be under no duty to make any changes, alterations or repairs to the Real Property. Any alterations or repairs required by the Buyer shall be the sole responsibility and expense of the Buyer. Buyer understands the AS-IS provision is a material inducement to Seller’s willingness to enter into this Agreement. The provisions of this Paragraph 10 shall survive closing or termination of this Agreement. 11. BROKER’S COMMISSION. Seller and Buyer represent and warrant to each other that they have dealt with no brokers, finders or the like in connection with this transaction, and agree to indemnify each other and to hold each other harmless against all claims, damages, costs or expenses of or for any other such fees or commissions resulting from their actions or agreements regarding the execution or performance of this Agreement, and will pay all costs of defending any action of lawsuit brought to recover any such fees or commissions incurred by the other party, including reasonable attorneys’ fees. 12. FORCE MAJEURE. A non-monetary obligation of Seller or Buyer which cannot be satisfied due to war, strikes, acts of God or other events which are beyond the reasonable control of Seller or Buyer, as the case may be (each a “Force Majeure Event”), shall be excused until the cessation of such Force Majeure Event; provided that in no event shall any Force Majeure Event excuse any obligation for longer than a 12-month period from the occurrence of such Force Majeure Event. 13. SURVIVAL. All of the terms of this Agreement will survive and be enforceable after the Closing, provided that indemnification obligations herein shall survive any termination of this Agreement. 6 14. NOTICES. Any notice required or permitted hereunder shall be given by personal delivery upon an authorized representative of a party hereto; or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid; or if delivered by electronic mail notice (which shall be effective for all purposes hereunder), sent to the electronic mail address provided below; provided, however, that any electronic mail notice must be followed by another form of notice under this Section within one business day which expressly states that it is intended to constitute a notice under this Agreement; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to Seller: City of Prior Lake Attn: Casey McCabe 4646 Dakota Street SE Prior Lake, MN 55372 Email: cmccabe@cityofpriorlake.com With Copy to: David S. Kendall Campbell Knutson, P.A. 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 If to Buyer: Michael P. Jensen and Mary B. Jensen 17244 Sunset Trail SW Prior Lake, MN 55372 Email: signatureinvestmentsinc@gmail.com With Copy to: Huemoeller, Gontarek & Cheskis PLC Attn: Bryce D. Huemoeller 16670 Franklin Trail SE Prior Lake, MN 55372 Email: bdh@priorlakelaw.com Notices shall be deemed effective on the earlier of the date of receipt or the date of deposi t, as aforesaid; provided, however, that if notice is given by deposit, the time for response to any notice by the other party shall commence to run one business day after any such deposit. Any party may change its address for the service of notice by giving notice of such change 10 days before the effective date of such change. 15. CAPTIONS. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement and are not to be considered in interpreting this Agreement. 16. ENTIRE AGREEMENT, MODIFICATION. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements that change this 7 Agreement and no waiver of any of its terms will be effective unless in a writing executed by the parties. 17. BINDING EFFECT. This Agreement binds and benefits the parties and their successors and assigns. 18. CONTROLLING LAW. This Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation. 19. DEFAULT. 19.1 If Buyer defaults in the performance of Buyer’s obligations under this Agreement due to no fault of Seller, then Seller may (a) cancel and terminate this Agreement in the m anner provided by applicable law and retain the Earnest Money as liquidated damages; (b) enforce specific performance of this Agreement; or (c) seek damages from Buyer in excess of the Earnest Money. 19.2 If Seller defaults in the performance of Seller’s obligations under this Agreement due to no fault of Buyer, then Buyer shall have the sole remedies as follows: (a) terminate this Agreement, or (b) in lieu of termination hereof, seek specific performance of this Agreement. The Seller shall not be liable to the Buyer for monetary damages of any kind arising from the failure of the Seller to comply with any obligation pursuant to this Agreement, and the Buyer understands the sole remedies available to the Buyer are outlined in this Section 19.2. 20. THIRD PARTY BENEFICIARY. There are no third-party beneficiaries of this Agreement, intended or otherwise. 21. NO JOINT VENTURE, PARTNERSHIP. Seller and Buyer, by entering into this Agreement and the transactions contemplated hereby, shall not be considered joint venturers or partners. 22. SEVERABILITY. In the event that any term or provision of this Agreement is determined to be invalid or unenforceable for any reason, such term or provisions shall be severed from this Agreement without affecting the validity or enforceability of the remainder of this Agreement; provided that both parties may still effectively realize the complete benefit of the transaction set forth in this Agreement. 23. RECORDING. Seller and Buyer will not record this Agreement or a short- form of this Agreement without the consent of the other party. 24. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which will be deemed to be an original, but all of which, when taken together, constitute the same instrument. 8 SELLER CITY OF PRIOR LAKE BY______________________________ Its Mayor AND____________________________ Its City Manager Date Signed: ________________, 2022 BUYER ________________________________ MICHAEL P. JENSEN ________________________________ MARY B. JENSEN Date Signed: ________________, 2022 9 EXHIBIT A [To Purchase Agreement, dated April 20, 2022, between CITY OF PRIOR LAKE, Seller, and MICHAEL P. JENSEN and MARY B. JENSEN, Buyer] ESCROW AGREEMENT (Paragraph 2.1) The undersigned, Scott County Abstract and Title, Inc. (“Title”), acknowledges receipt of $2,500.00 (“Earnest Money”) to be held by it pursuant to the Purchase Agreement to which this Escrow Agreement is attached. Title will hold, invest and disburse the Earnest Money in accordance with the terms of the Purchase Agreement and disburse the same strictly in accordance with such terms. Title will invest the Earnest Money in such interest -bearing accounts, instruments, corporate paper, or money market funds as are approved by both Buyer and Seller. Title is not responsible for any decision concerning the performance or effectiveness of the Purchase Agreement or for resolution of any disputes concerning the Purchase Agreement. Title is responsible only to act in accordance with the Purchase Agreement, or in lieu thereof, the direction of a court of competent jurisdiction. Seller and Buyer shall hold Title harmless from all claims for damages arising out of this Escrow Agreement and hereby agree to indemnify Title for all costs and expenses in connection with this escrow, including attorneys’ fees and costs, except for the failure by Title to account for the funds held hereunder, or acting in conflict with the terms hereof. This Agreement may be signed in counterparts. The fees and charges of Title will be paid one-half by each party. SELLER CITY OF PRIOR LAKE BY______________________________ Its Mayor AND_____________________________ Its City Manager Date Signed: _________________, 2022 BUYER ________________________________ MICHAEL P. JENSEN ________________________________ MARY B. JENSEN Date Signed: ________________, 2022 10 TITLE SCOTT COUNTY ABSTRACT AND TITLE, INC. BY______________________________ ITS 11 EXHIBIT B [To Purchase Agreement, dated April 20, 2022, between CITY OF PRIOR LAKE, Seller, and MICHAEL P. JENSEN and MARY B. JENSEN, Buyer] SPECIAL LOT COMBINATION AGREEMENT (Paragraph 5.03) [See attached] 12 13 14 15 16 EXHIBIT C [To Purchase Agreement, dated April 20, 2022, between CITY OF PRIOR LAKE, Seller, and MICHAEL P. JENSEN and MARY B. JENSEN, Buyer] PERMITTED ENCUMBRANCES (Paragraph 6.2) 1. The lien of real estate taxes not yet due and payable. 2. Building and zoning laws, ordinances, state and federal regulations. 3. Utility, road and drainage easements of record, including without limitation the Utility Easement. 4. Covenants relating to the consolidation of Lots 2 and 3, Sunset Shore, into a single parcel of record. 5. Any other matters consented to by Buyer in writing or not timely objected to by Buyer. 218941v1 1 (reserved for recording information) SPECIAL LOT COMBINATION AGREEMENT THIS INDENTURE is made and entered into this ______ day of ____________, 2021, by the CITY OF PRIOR LAKE, a Minnesota municipal corporation, its successors and assigns (hereinafter referred to as “City”), and MICHAEL P. JENSEN AND MARY B. JENSEN, husband and wife, as joint tenants, (hereinafter referred to as “Owners”). WITNESSETH: WHEREAS, Owners are the fee owners of certain real property in the City of Prior Lake, Scott County, Minnesota, legally described as follows (and hereinafter collectively referred to as the “Properties”): Lot 2, Sunset Shore, Scott County, Minnesota (hereinafter described as “Parcel A”); and Lot 3, Sunset Shore, Scott County, Minnesota (hereinafter described as “Parcel B”); and WHEREAS, Owners intend to apply for a tax parcel combination of the Properties; and WHEREAS, in Resolution ___________ adopted __________________, the City Council required combination of Parcel A and Parcel B as a condition of the its approval of the Purchase Agreement dated ____________, 2021 between City of Prior Lake, a Minnesota municipal corporation (“Seller”) and Michael P. Jensen and Mary B. Jensen, husband and wife, as joint tenants (collectively “Buyer”) ; and WHEREAS, it is the intent of the Owners and the City that Parcel A and Parcel B are and shall henceforth be continued in common ownership by the same person or persons, and further that Parcel A and Parcel B are intended to be used and/or developed in common by Owners as they were in fact one parcel instead of two. 218941v1 2 NOW, THEREFORE, for valuable consideration, the sufficiency of which is hereby acknowledged, Owners hereby covenant, grant, gift, quit claim and convey to the City the right to restrict, and Owners hereby agree to restrict, limit and preclude the ownership, use, improvement and development of the Properties according to and under the conditions and covenants herein contained, as follows: 1. The City and Owners agree that the Properties shall henceforth be contained in common use and ownership even if recorded as a separate lot or parcel, and that the Properties will not be conveyed, sold, leased or otherwise encumbered except together as if they were a single parcel. 2. The City shall not issue any building permits, variances, or conditional use permits for any structure or use on the Properties inconsistent with the covenants contained herein. 3. Owners hereby grant to the City the right to enter upon the Properties for the purposes of inspection and enforcement of the covenants contained herein, and to cause to be lawfully removed from the Properties, without any liability, any structures, uses, substances and natural or unnatural materials inconsistent with the covenants contained herein. 4. In addition to any other remedy the City may have, the covenants and restrictions contained herein may be enforced by injunction. Owners who are in possession of the Properties shall pay to the City all costs and expenses including attorney’s fees incurred by the City in enforcing the terms of this indenture. 5. The parties may mutually agree that the terms and conditions of this indenture may be modified, amended, or extinguished and thereafter Parcel A and Parcel B may be separated. 6. Owners agree that recording of this indenture shall not vest any property rights in the Properties and that any zoning of development authorities granted herein or hereinafter because of this indenture shall remain subject to future regulation, modification, and/or limitation by the City or other regulatory bodies in accordance with legally applicable and enforceable zoning or other ordinances of the City. 7. The City does not intend that the public should have any interest in the Properties by virtue of this indenture or otherwise, except as hereinabove set forth. This provision is not intended to affect the validity of the City’s easement established upon the Property by the Certificate of Completion, dated October 12, 1983, filed for record August 17, 1998, as documents 97183 and 423203, as it may be amended, or any other easement for public purposes on the Properties. 8. All provisions hereof shall run with the land and shall extend to and bind the heirs, successors, representatives, grantees or assigns of the respective parties hereto. 218941v1 3 OWNERS: ______________________________________ Michael P. Jensen ______________________________________ Mary B. Jensen STATE OF MINNESOTA ) )ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this _____ day of ____________________, 2021, by Michael P. Jensen, spouse to Mary B. Jensen. ________________________________________ NOTARY PUBLIC STATE OF MINNESOTA ) )ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this _____ day of ____________________, 2021, by Mary B. Jensen, spouse to Michael P. Jensen. ________________________________________ NOTARY PUBLIC 218941v1 4 CITY OF PRIOR LAKE By: _____________________________________ Kirt Briggs, Mayor (SEAL) By: _____________________________________ Jason Wedel, City Manager STATE OF MINNESOTA ) ( ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2021, by Kirt Briggs and by Jason Wedel, respectively the Mayor and City Manager of the City of Prior Lake, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. _______________________________________ Notary Public INSTRUMENT DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (612) 452-5000 SNC/smt Report Type Appraisal Report Effective Date March 3, 2022 Prepared By: Elizabeth Waytas, Appraiser William R. Waytas, Appraiser, SRA Ethan Waytas, MAI, Appraiser Nagell Appraisal Incorporated 12805 Highway 55, Suite 300 Plymouth, Minnesota 55441 Tel: 952.544.8966 | Fax: 952.544.8969 Client Subject Property City of Prior Lake Vacant Lake Frontage Land Attn: Casey McCabe, Community Development Director 17232 Sunset Trail Southwest 4646 Dakota Street Southeast Prior Lake, Scott County, MN 55372 Prior Lake, MN 55372 Owner: City of Prior Lake File # G2201006 ii iii NAGELL APPRAISAL INCORPORATED 12805 Highway 55, #300 Plymouth, MN 55441 Phone: 952-544-8966 Established in 1968 Fax: 952-544-8969 ____________________________________________________________________________________________________________________________________________ City of Prior Lake March 17, 2022 Attn: Casey McCabe, Community Development Director 4646 Dakota Street Southeast Prior Lake, MN 55372 To Casey McCabe: In accordance with your request, an appraisal report has been made on the following described property: Subject Property: Vacant Land 17232 Sunset Trail Southwest Prior Lake, MN 55372 Described below is a summary of the appraisal report contained herein. Property Overview This report reflects the data found and the opinions concluded from an appraisal of a vacant residential lot located in Prior Lake. The site consists of 7,928 SF (0.18 acres) of site area and is has approximately 53’ front feet on Spring Lake. The subject site is non-buildable as a standalone site due to a large sanitary and storm sewer easement running across the site, see survey for details. The site does have buildable area if assembled with adjoining property. Methodology: The highest and best conclusion of the subject is that a typical market participant would likely sell the subject as extra side yard to an adjoining parcel (the subject is not buildable as a standalone site). That being said, non-buildable lots can be difficult to find in the market as they do not often sell. Given this, a side yard analysis will be applied to determine the value of the subject. The side yard value is the marginal increase in total price paid for extra lake front footage. Generally, as the width of a lot increases beyond the minimum lot size, the price per front foot drops (unless the lot can be subdivided). See later in the report for more information and analysis. While a side yard analysis is applicable, there is also potential for an adjoining neighbor to pay a higher value because their site is enhanced. For example, the neighbor to the south could create a larger buildable pad area or the neighbor to the north could use the subject for impervious surface calculations. Therefore, a second analysis will be conducted that considers the added market value of having a larger lot. This captures the higher end of the value range. A final value will be correlated between the two above indications. Note: The COVID pandemic appears to be subsiding because of the vaccine and other factors and for this property type no adjustment is deemed necessary. iv Letter of Transmittal – Continued Report Use − Decision making purposes Intended User(s) − City of Prior Lake Extraordinary Assumptions − None Hypothetical Conditions − None Property Rights Appraised − Fee Simple: The property is vacant land, as such, the appraised value reflects the fee simple interest. Property Components Appraised − Real Estate: The appraised value includes the real estate value opinion. − Furniture, Fixtures, & Equipment (FF&E): The appraised value does not include any values of fixtures, furnishings and equipment. The appraised value reflects real estate only. − Business Value: The appraised value does not include business value. Highest and Best Use Conclusions − As Vacant: See highest and best use analysis for details. − As Improved: Not applicable as the subject is vacant land. Valuation Methodology The highest and best use of the subject is to sell to an adjoining neighbor for use as side yard. Given the highest and best use, the following approaches are used: − Cost Approach: Not applied due to no building improvements. − Sales Comparison Approach: Similar residential land property sales. − Income Approach: Not applicable as land like the subject is very rarely rented, which limits the reliability of this approach. v Letter of Transmittal – Continued The property is legally described herein. The appraisal assumes that the property meets all current environmental standards. The appraisal analysis and conclusions are subject to certain limiting conditions and assumptions described herein. The final value opinion, as of March 3, 2022, is: FINAL VALUE OPINION – Fee Simple Interest – $140,000 Exposure Time / Marketing Time Exposure Time: Final values reflect “market exposure” time of under 1 year before the effective date of the appraisal. Changes in the market, use, lease and/or building subsequent to the effective appraisal date could impact value. Marketing Time: Marketing times for appropriately priced properties is generally 12 months +/-. Our company has 12 employees, has been in business since 1968 and has sufficient knowledge, education, experience, resources and/or contacts to competently complete this assignment. The accompanying report contains data secured from my personal investigation and from sources considered to be reliable; however, correctness is not guaranteed. To the best of my knowledge and belief, the statements contained in this report are true and correct. Neither my employment to make this appraisal, nor the compensation, is contingent upon the value reported. This report has been prepared in conformity with the code of professional ethics and standards of professional appraisal practice of the Appraisal Institute and appraisal standards set forth by Uniform Standards of Professional Appraisal Practice. Please contact us if you have further questions. Sincerely, Elizabeth Waytas Ethan Waytas, MAI William R. Waytas Trainee Appraiser MN 40672995 Certified General MN 40368613 Certified General MN 4000813 ________________________________________________________________________________________________________________________________________ www.nagellmn.com TABLE OF CONTENTS SUMMARY OF IMPORTANT FACTS & CONCLUSIONS ....................................................................... 7 VALUE TYPE, CONDITION & STABILITY OF PROPERTY .................................................................... 8 INTENDED USE OF THE APPRAISAL ................................................................................................... 8 DATE OF APPRAISAL ............................................................................................................................. 8 SCOPE OF THE APPRAISAL REPORT .................................................................................................. 9 PROPERTY RIGHTS APPRAISED ........................................................................................................ 10 PROPERTY COMPONENTS APPRAISED ........................................................................................... 10 IDENTIFICATION ................................................................................................................................... 11 REAL ESTATE TAXES – PARCEL A..................................................................................................... 11 SUBJECT SALES & BUILDING HISTORY ............................................................................................ 12 REGIONAL DATA................................................................................................................................... 13 REGIONAL MAP .................................................................................................................................... 21 CITY & NEIGHBORHOOD DESCRIPTION ........................................................................................... 22 NEIGHBORHOOD MAP ......................................................................................................................... 24 SURROUNDING USES .......................................................................................................................... 25 SUBJECT MARKET CONDITIONS OVERVIEW ................................................................................... 26 SITE DESCRIPTION .............................................................................................................................. 27 ZONING .................................................................................................................................................. 28 ZONING MAP ......................................................................................................................................... 29 FLOOD MAP ........................................................................................................................................... 30 AERIAL / PLAT MAP .............................................................................................................................. 31 EXISTING EASEMENT SURVEY .......................................................................................................... 32 PROPOSED EASEMENT SURVEY ....................................................................................................... 33 SUBJECT PHOTOGRAPHS .................................................................................................................. 34 HIGHEST AND BEST USE .................................................................................................................... 36 COST APPROACH ................................................................................................................................ 38 INCOME APPROACH ............................................................................................................................ 38 SALES COMPARISON APPROACH ..................................................................................................... 38 RECONCILIATION ................................................................................................................................. 51 EXPOSURE TIME / MARKETING TIME ................................................................................................ 51 DEFINITIONS ......................................................................................................................................... 52 ENVIRONMENTAL & STRUCTURAL ISSUES ...................................................................................... 52 EXTRAORDINARY ASSUMPTIONS & HYPOTHETICAL CONDITIONS ............................................. 53 ASSUMPTIONS AND LIMITING CONDITIONS .................................................................................... 54 CERTIFICATION .................................................................................................................................... 56 QUALIFICATIONS .................................................................................................................................. 57 ADDENDA TO APPRAISAL REPORT ................................................................................................... 61 Nagell Appraisal Incorporated | 952.544.8966 Page 7 SUMMARY OF IMPORTANT FACTS & CONCLUSIONS General Description: Vacant Residential Land Appraisal Report: Appraisal Report Current Use: Vacant land Extraordinary Assumptions: None, see rear of report for assumptions Hypothetical Assumptions: None, see rear of report for assumptions Site Size: 7,928 SF (0.18 acres) Year Built: n/a, the subject is not improved GBA: n/a, the subject is not improved Zoning: R1, Low Density Residential Highest and Best Use: See highest and best use analysis for details. The conclusion is to sell to an adjoining neighbor Property Rights Appraised: Fee Simple Business Value / FF&E: No business value or FF&E included Cost Approach: Not Applicable Sales Comparison Approach: $140,000 Income Approach: Not Applicable Final Value Opinion (as is): $140,000 Page 8 Nagell Appraisal Incorporated | 952.544.8966 VALUE TYPE, CONDITION & STABILITY OF PROPERTY Type of Value: This report provides an opinion of Market Value. Condition of Value: This report provides an opinion of the as-is value. Occupancy: The property is currently vacant land. INTENDED USE OF THE APPRAISAL Intended Use: The client intends to use the appraisal decision making purposes. No party, other than the named client and listed intended users, may use or rely upon any part of this report without the prior written authorization of both the named client and the appraiser. This report is not valid unless it contains the original signatures in blue ink. Any unauthorized third party relying upon any portion of this report does so at its own risk. Intended User(s): City of Prior Lake DATE OF APPRAISAL Effective Date: March 3, 2022 Inspection Date: March 3, 2022 Date of Report: March 17, 2022 Nagell Appraisal Incorporated | 952.544.8966 Page 9 SCOPE OF THE APPRAISAL REPORT USPAP defines Scope of Work as: The type and extent of research and analyses in an assignment. For each appraisal, appraisal review and appraisal consulting assignment, an appraiser must: 1) Identify the problem to be solved, 2) Determine and perform the scope of work necessary to develop credible assignment results; and 3) Disclose the scope of work in the report. 1) Provide a reasonably supported value opinion as it relates to the intended use & scope. 2) Per assignment request (see addenda for engagement letter), the following degree of research and analysis has been made. The narrative format used is an Appraisal Report, which is intended to comply with the reporting requirements set forth under Standards Rule 2-2a of USPAP. See individual approaches for further detail. 3) The scope of work for this appraisal includes: • a) Property Identification: Public record, plat maps, zoning maps and aerial photographs were used to identify the subject property. • b) Property Inspection: A viewing of the subject property and neighborhood by the appraiser. Physical factors: Based on property viewing and conversations with the client, city and county officials. Lot size is based on county information. Economic Factors: Consisted of gathering of information from market experts, city and/or county offices, and internet about the region, community, neighborhood, zoning, utilities, and any pending projects in the area that may affect the subject property. • c) Extent of Data Researched: Sales data of competing properties within the subject market area were given primary consideration. The most relevant data is used in this report. Sources include, appraiser data files, assessor, internet, developers, agents, MLS, periodicals, in-office library, etc. In addition, during the course of appraisal practice and of this appraisal process, the appraiser has had ongoing discussions with market participants (buyers, sellers, property managers, real estate agents/brokers, appraisers, etc.) and/or viewed market data in relation to how the current real estate market may impact the subject value. The appraiser has not researched the title or ownership records. • d) Type and Extent of Analysis Applied at Opinions or Conclusions: An extensive review of market data was performed. The most recent, similar and proximate data has been used. The data used will be adjusted on a grid. Reasonable and appropriate collection, verification, analysis and viewing has been performed in the valuation approaches, given the purpose and intended use of the report. A final value opinion will be discussed and correlated. The data used was obtained from sources considered credible, yet its accuracy is not guaranteed. If found otherwise, value could differ. Page 10 Nagell Appraisal Incorporated | 952.544.8966 PROPERTY RIGHTS APPRAISED Real property ownership consists of a group of distinct rights. There are two primary property rights, Fee Simple and Leased Fee (as defined by The Appraisal of Real Estate, 13th Edition, Appraisal Institute). Fee Simple Interest: Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. Note: This would typically reflect an owner-occupied property. When the property rights appraised are the unencumbered fee simple interest of the real estate, the appraised value is subject to normal easements for drainage, public streets and utilities, if any. The effect of any existing mortgage or delinquent taxes on the subject property has not been considered in this appraisal. Leased Fee Interest: The ownership interest held by a lessor (landlord), which includes the right to the contract rent specified in the lease plus reversionary right when the lease expires. The lessor’s interest in a property is considered a leased fee interest regardless of the duration of the lease, specified rent, the parties to the lease, or any of the terms in the lease contract. A leased property, even one with rent that is consistent with market rent, is appraised as a leased fee interest, not as a fee simple interest. Even if the rent of the lease terms are not consistent with market terms, the lease fee interest must be given special consideration and is appraised as a leased fee interest. (The Appraisal of Real Estate, 13th Edition, Page 114) The subject is currently vacant land. Given the scope of the assignment and use of the report, the Fee Simple interest will be appraised. PROPERTY COMPONENTS APPRAISED Real Estate: The appraised value includes the real estate value opinion. The methods utilized for the real estate valuation include: • Sales Comparison Approach FF&E: The appraised value does not include personal property, FF&E, or inventory. Business Value: There is no business value included in the appraised value. Nagell Appraisal Incorporated | 952.544.8966 Page 11 IDENTIFICATION Address: 17232 Sunset Trail Southwest, Prior Lake, MN 55372 County PID: 251340031 Legal: SubdivisionName SUNSET SHORE Lot 003 SubdivisionCd 25134 Fee Owner: Prior Lake City Of & City Manager Census Tract #: 0809.04 REAL ESTATE TAXES Taxes, per County Records Payable 2021 Payable 2022 Tax Tax Exempt n/a Tax ratio (includes special assessments) n/a n/a Special Assessments / Solid Waste Fee / Other n/a n/a Total Tax & Assessments: Tax Exempt n/a Delinquent taxes: None noted, county records indicate taxes are current COUNTY ASSESSOR’S VALUE Payable 2021 Payable 2022 Land $322,000 $350,000 Building $0 $0 TOTAL $322,000 $350,000 Typical Tax Ratios by Property Type Commercial (retail, office, industrial, hotel, other, etc.) 1.5% – 4.0% Residential (multi-family, apartment, etc.) 0.9% – 1.5% Single-family dwellings 0.8% – 1.5% The appraised value given in this report assumes any/all special assessments, and/or liens are paid in full and that there are no delinquent taxes, fees, payments, association dues, etc. Should it be found that any of these exist the amount should be deducted from the appraised value. Appraiser did not research these items; typically, a title search would reveal any of these. Note: The subject is tax exempt. Upon any potential purchase taxes would likely increase significantly. The assessor appears to be treating the site as entirely buildable, which is not the case. Page 12 Nagell Appraisal Incorporated | 952.544.8966 SUBJECT SALES & BUILDING HISTORY Listing History: The subject does not appear to be actively listed for sale. Sales History: Sale Price: n/a Sale Date: n/a Buyer: n/a Seller: n/a Terms: n/a Source: Public records, MLS There are no known or reported sales of the subject property within the past 3 years. Pending Sale: There is a potential pending sale between the city and owner to the south. A price was not made available; this appraisal is part of the decision making process. Building History: None, the site is vacant. Lease History: None apparent Leasehold Interest: None apparent. Association Dues: The subject is reportedly not part of an association or common interest community (CIC). Nagell Appraisal Incorporated | 952.544.8966 Page 13 REGIONAL DATA Metro Area Minneapolis-Saint Paul is the most populous urban area in Minnesota and is composed of 186 cities and townships. Built around the Mississippi, Minnesota and St. Croix rivers, the area is also nicknamed The Twin Cities for its two largest cities, Minneapolis and Saint Paul. Saint Paul is the second largest city in Minnesota, as well as the state capital. The area is part of a larger U.S. Census division named Minneapolis-St. Paul-Bloomington, MN-WI, the country’s 16th-largest metropolitan area, composed of eleven counties in Minnesota and two counties in Wisconsin. This larger area, in turn, is enveloped in the U.S. Census combined statistical area called Minneapolis-St. Paul-St. Cloud, MN-WI with an estimated population of 3.5 million people in 2006, ranked the 13th most populous in the U.S. In both of the fully developed central cities–Minneapolis and St. Paul–the population has declined due to smaller household sizes, yet growth in other areas of their counties has been more than offsetting. Below is detailed where this growth has occurred: POPULATION County Census 2000 Census 2010 Forecast 2020 Growth 2000 - 2010 Growth 2010 - 2020 Source: US Census Bureau total annual total annual Hennepin 1,116,200 1,152,425 1,281,565 3.25% 0.32% 11.21% 1.12% Ramsey 511,035 508,640 552,352 -0.47% -0.05% 8.59% 0.86% Dakota 355,904 398,552 439,882 11.98% 1.20% 10.37% 1.04% Anoka 298,084 330,844 363,887 10.99% 1.10% 9.99% 1.00% Washington 201,130 238,136 267,568 18.4% 1.84% 12.36% 1.24% Scott 89,498 129,928 150,928 45.17% 4.52% 16.16% 1.62% Wright 89,986 124,700 141,337 38.58% 3.86% 13.34% 1.33% Carver 70,205 91,042 106,922 29.68% 2.97% 15.45% 1.72% Sherburne 64,417 88,499 97,183 37.38% 3.74% 17.44% 1.74% Chisago 41,101 53,887 56,621 31.11% 3.11% 5.07% 0.51% Total 2,837,560 3,116,653 3,458,245 9.84% 0.98% 10.96% 1.10% Overall, the area has experienced moderate to good income growth. Annualized income growth of 2.5% to 3.5% is consistent with national averages. MEDIAN HOUSEHOLD INCOME County Census 2010 Estimate 2019 Growth 2010 - 2019 Source: US Census Bureau total annual Hennepin 59,236 78,167 31.96% 3.55% Ramsey 50,136 64,660 28.97% 3.22% Dakota 69,508 86,036 23.78% 2.64% Anoka 65,771 82,175 24.94% 2.77% Washington 77,239 96,671 25.16% 2.80% Scott 77,314 102,152 32.13% 3.57% Wright 66,833 84,974 27.14% 3.02% Carver 80,173 101,496 25.13% 3.14% Sherburne 69,971 89,250 27.55% 3.06% Chisago 63,810 83,464 30.80% 3.42% Page 14 Nagell Appraisal Incorporated | 952.544.8966 Regional Data – continued Economic Trends The current residential interest rates for a typical 30-year mortgage are around 2.50% to 3.75%. Commercial rates are around 4.0% to 6.0%. Rates are expected to be relatively stable for the foreseeable future. The state of the macro economy (national, state, etc.) declined from its peak in 2006, but in 2010 began showing signs of recovery. Many economists are terming 2007 through 2009 as “The Great Recession”. New construction labor costs have steadily increased, along with material costs as well. Overall, construction costs are less competitive to what they were 5 to 6 years ago. Generally, when vacancy is over 10%, new commercial/industrial construction is slow. Listing prices have been increasing steadily since 2012 +/- and are starting to approach peak levels similar to the market in 2006, which was a period of high seller expectations. However, recent buyer and seller expectations regarding value and list prices appear to be trending towards equilibrium. Although well diversified, the TCMA and surrounding Minnesota economy is not immune to the recent soft/declining trends of the overall economy. Source: Minnesota DEED The recent COVID-19 pandemic created a significant drop in the economy due to high unemployment and decreased spending in early 2020. However, spending has increased, employment is recovering, and the COVID-19 vaccines have given markets stability. Nagell Appraisal Incorporated | 952.544.8966 Page 15 Regional Data – continued EMPLOYMENT & LABOR Over the past ten years, unemployment rates have gone from a peak of around 7.0% to near historical lows of around 2% in late 2018. In 2020, the COVID-19 pandemic created a significant spike in the unemployment rate. The most recent data, shown below, indicates that the rate has dropped significantly and is approaching 2019 levels. Page 16 Nagell Appraisal Incorporated | 952.544.8966 Regional Data – continued APARTMENT MARKET CoStar reports that rents have been trending upward consistently for the past 10+ years. The current average asking rate for an apartment unit in the Twin Cities Metro is around $1,350 per month. Vacancy has fluctuated, but was trending downward until 2020. The COVID-19 pandemic caused a spike in vacancy, which has since been declining. However, vacancy is higher due to significant new construction, both in Minneapolis and surrounding suburbs. The following chart shows the annual absorption of apartment units: Nagell Appraisal Incorporated | 952.544.8966 Page 17 Regional Data – continued RETAIL MARKET CBRE indicates that current retail vacancy rates have been increasing and asking rent rates have been declining. There has been absorption of vacant space in the market, however, many developers are cautious about new retail construction. Strong locations retain typical demand; more speculative retail construction generally does not occur. Similarly, Cushman & Wakefield also shows stagnating retail asking rents and increasing vacancy: Page 18 Nagell Appraisal Incorporated | 952.544.8966 Regional Data – continued OFFICE MARKET CBRE data shows that asking rents for the overall office market have generally been increasing. This has also corresponded with an increase in vacancy rates as well. With the COVID-19 pandemic, many employers and workers realized that working remotely was a viable option. It is anticipated that many more companies will offer remote work full-time or part-time; this could impact office space as companies need less square footage. The counterpoint, however, is that companies might retain the same space and create social distancing opportunities in case of possible future COVID-19 flare-ups. Nagell Appraisal Incorporated | 952.544.8966 Page 19 Regional Data – continued INDUSTRIAL MARKET The industrial market nationwide has seen increases in rental rates and occupancy. Construction costs have been increasing as well, due to shortages created by the COVID-19 pandemic. In Minnesota the trend is similar to the country overall, vacancy has decreased, construction of new buildings is significant, CBRE indicates that vacancy has been dropping, construction starts have increased, and absorption is significant: Speculative development, per CBRE, has been significant. For example, almost 3 million square feet of speculative construction occurred in 2018/2019; of this, 96% has been leased. In 2020 around 1.5 million square feet was constructed, around 85% is leased. Buildings in 2021 are about 39% leased. It appears the market is supporting speculative industrial development at this time. Page 20 Nagell Appraisal Incorporated | 952.544.8966 Regional Data – continued Cushman & Wakefield also reports decreasing vacancy rates and significant increases in asking rates for industrial space. Total construction and absorption has been generally stable, but in 2021 there was significantly more absorption than construction. This would imply there is demand for more industrial space. Nagell Appraisal Incorporated | 952.544.8966 Page 21 REGIONAL MAP Page 22 Nagell Appraisal Incorporated | 952.544.8966 CITY & NEIGHBORHOOD DESCRIPTION Type of neighborhood: Southwestern Suburban Percent built-up: 80% developed Stage of Development: Stable Redevelopment: Limited redevelopment Neighborhood boundaries: City Limits Major Transportation: Highway 13, Highway 169 Predominant type & conformity: Single Family Residential 60% Two- & Multi-Family 10% Commercial/Industrial 10% Other/Vacant Land/Public 20% Total: 100% Average conformity. Reputation of the area: Average Typical property age: New to 65+ years, predominant 20-50 years Single-Family Home Sales: $250,000 to $500,000+ Apartment Sales: $35,000 to $75,000+ per Unit Office Property Sales: $40 to $150+ per SF Retail Property Sales: $75 to $200 + per SF Industrial Property Sales: $35 to $85+ per SF Capitalization Rates: 8-12% Historic Subject Market: Stabilizing Neighborhood Trend: Stable Detrimental influences: No major apparent Comments: The subject is located in Prior Lake, a community approximately 30 minutes southwest of Downtown Minneapolis. The city is situated around Upper and Lower Prior Lakes and Spring Lake, these lakes are recreational in nature and are mostly surrounded by single-family residential. Prior Lake has a reputation as a stable community, with nearby shopping and access to Highway 13 and 169. Access to downtown Minneapolis and surrounding communities is fairly convenient with major shopping and commerce nearby. Nagell Appraisal Incorporated | 952.544.8966 Page 23 City & Neighborhood Description – continued Subject City: As of the 2010 census the population was 22,796, in 2000 it was 15,917. This represents a net increase of 43.2% from 2000 to 2010. The 2019 population estimate for the city is 27,241, an increase of 19.5%. The median income for the city is above both county and state levels (per Census Bureau). Income has slightly increased over the time frame. Median Home Prices: City of Prior Lake Source: NorthstarMLS Stats The median sale price for a single-family home in Prior Lake has steadily increased over the years. Prior Lake is above both the County levels and the Twin Cities Region level. Page 24 Nagell Appraisal Incorporated | 952.544.8966 NEIGHBORHOOD MAP Nagell Appraisal Incorporated | 952.544.8966 Page 25 SURROUNDING USES Immediate surrounding uses consist primarily of residential. The subject is located on Spring Lake. Subject Residential Residential Residential Upper Prior Lake Spring Lake Residential Page 26 Nagell Appraisal Incorporated | 952.544.8966 SUBJECT MARKET CONDITIONS OVERVIEW Market Conditions Overview is based on conversations with market participants, articles, publications and data. Listed below are pertinent conditions of the subject market. Current Market Location Land Area Front Foot List Date Current List Price $/FF XXX 202nd Street West, Lakeville 18,295 SF 87 Current $750,000 $8,621 per FF Comments: Residential land listing located in Lakeville. The property is located on Lake Marion Residential Land Sales $2,000 to $10,000+ per FF (depending on location, buildable, available utilities, etc.) Market Supply Search Parameters: Source: MLS Location: Scott County Property Type: Residential Land (Water Frontage 1+) Search Results: Currently, there are 3 +/- offerings/available properties Market Absorption Search Parameters: Source: MLS Location: Scott County Property Type: Residential Land (Water Frontage 1+) Search Results: 8 +/- sales in the past year Supply & Demand: Considering the above market data/statistics, and based on market observations, the subject market is rated to be relatively stable. Marketing Time: Market exposure times can vary based on seller motivations. Typically, 6-24 months. Market participant comments/ observations: In general, raw (development) land value spiked up significantly between 2000 and 2007. However, in 2007 to 2010, the market was correcting for atypical increases. Development costs remained somewhat stable as raw material costs for construction were increasing and labor costs were declining. Beginning in mid-2012, new single-family residential developments were occurring in good locations. This was due, in part, to increasing availability of credit, as well as pent up demand for good quality, new housing. However, the pent-up demand that drove the market through 2014 appears to have leveled off. Most developments, even in good markets, saw a slow-down in 2015. Good markets include close-in locations (in-fill developments and/or redevelopment sites), neighborhoods with convenient access or appealing amenity, areas with highly rated schools, etc. Demand for land in appealing communities (Plymouth, Maple Grove, Chanhassen, Woodbury, Blaine, Lakeville, etc.) is somewhat average while demand continues to be a little softer in more outlying locations closer to the development fringe (Albertville, Otsego, Lino Lakes, Elko/New Market, Ramsey, Cottage Grove, etc.). Due to the availability of land in secondary locations, demand has been slower to recover. Demand continues to be highly variable depending upon use and location. Overall Market Condition: Stable; however, economists are talking about a potential recession occurring within the next 24 months. Nagell Appraisal Incorporated | 952.544.8966 Page 27 SITE DESCRIPTION Dimensions: Mostly rectangular, see plat map Gross Site Area: 7,928 SF (0.18 acres), per county Topography / Shape: Mostly level / Mostly rectangular Soil conditions / Drainage: Assumed stable / Appears average Utilities: Electricity/Gas Available Water/Sanitary Sewer Available Off-Site Improvements: Street/Curb/Gutter: Bituminous / None Sidewalk/Alley: None / None Visual Road Condition: Fair to average, typical wear and tear Street Lights/Storm Sewer: Standard / Surface Access to site (#) / Frontage: Sunset Trail Southwest (1) / Sunset Trail Southwest Visibility/Exposure: Average Flood hazard zone: The subject does not appear to be located within a flood zone, see map Bus Line: None apparent Apparent Easements: Typical utility and drainage apparent; there is a large sanitary and storm sewer easement located on the site, see survey for details. Encroachments/Conditions: None noted Surplus/Excess Land: None noted Land to Building Ratio: n/a Use / Functional Adequacy: Vacant residential land / Average Surrounding Uses: N – Residential S – Residential E – Residential W – Spring Lake Distance to Major Road: Less than a mile north of Highway 13 access Comments: The subject is located along Sunset Trail Southwest, with average visibility for use. Immediate surrounding uses consist primarily of residential. The subject is located on Spring Lake with approximately 53’ of lake frontage. No other apparent unusual conditions, adverse easements or encroachments are noted. Page 28 Nagell Appraisal Incorporated | 952.544.8966 ZONING Subject Zoning: R1, Low Density Residential Intent (city code): The purpose of the R1 Zoning District is to provide areas where the emphasis is on single-family residential development. The Zoning District provides for other uses which are compatible with the overall low-density of these areas and which will serve the residential neighborhood. Permitted Uses: Boat slip, city; boat slip, personal; cemeteries; dwelling, single-family detached; parks/open space; etc. Conditional Uses: Cluster housing; controlled access lot; golf course; parking lot, freestanding; parking lot, on-site; recreational dome; etc. Major Building Restriction/ Requirements in this district: Maximum Floor Area Ratio: cannot exceed 0.3 Minimum lot area: 12,000 SF Minimum lot width: 86 feet Front yard setback: 25 feet Side yard setback: 10 feet Rear yard setback: 25 feet Parking: Dwelling, Single-Family Detached: Two parking spaces for each dwelling unit Use: The subject is vacant land. The site does not appear to meet the minimum lot size and/or minimum lot width. Future Land Use: Urban Low Density Source: Zoning map, city code Nagell Appraisal Incorporated | 952.544.8966 Page 29 ZONING MAP Page 30 Nagell Appraisal Incorporated | 952.544.8966 FLOOD MAP The subject does not appear to be located within a flood zone; however, appears to have typical shoreline flooding. Nagell Appraisal Incorporated | 952.544.8966 Page 31 AERIAL / PLAT MAP Red outline per county Page 32 Nagell Appraisal Incorporated | 952.544.8966 EXISTING EASEMENT SURVEY The red outline indicates the subject site area. The blue dotted outline indicates the existing easement area. The green dotted outline indicates the driveway easement area. The above survey reflects the historical understanding of the various easement areas. However, a recent survey indicated that the actual boundaries differ. This is shown on the next page. Nagell Appraisal Incorporated | 952.544.8966 Page 33 PROPOSED EASEMENT SURVEY The above reflects the new proposed easement. The red outline indicates the subject site area. The blue dotted outline indicates the existing easement area. The green dotted outline indicates the driveway easement area. Note: This scenario will be applied; if found otherwise the appraised value could differ. Note: It appears selling the subject to the parcel to the south is more feasible as they have potential to add onto their existing house and/or redevelop. Page 34 Nagell Appraisal Incorporated | 952.544.8966 SUBJECT PHOTOGRAPHS Looking north on Sunset Trail Southwest Looking south on Sunset Trail Southwest Right-of-way driveway Site view Nagell Appraisal Incorporated | 952.544.8966 Page 35 Subject Photographs – Continued Site view Lake view Shoreline Sewer easement Page 36 Nagell Appraisal Incorporated | 952.544.8966 HIGHEST AND BEST USE Highest and best use as defined in The Appraisal of Real Estate, Thirteenth Edition, by the Appraisal Institute, is: "The reasonably probable and legal use of vacant land or an improved property, that is physically possible, legally permissible, appropriately supported, financially feasible, and that results in the highest value.” Highest and best use is analyzed in two ways, site as vacant and site as improved. Typically, there are four criteria in highest and best use analysis Legally permissible uses What uses are allowed by zoning? Physically possible uses What uses are physically possible on the site? Financially feasible use Which possible and permissible uses will produce a positive return? Maximally productive use Of the financially feasible uses, which use produces the highest return warranted by the market (the ideal improvements)? Site as Vacant: Among all reasonable, alternative uses, the use that yields the highest present land value, after payments are made for labor, capital, and coordination. The use of a property based on the assumption that the parcel of land is vacant or can be made vacant by demolishing any improvements. The Dictionary of Real Estate Appraisal, Fifth Edition, by the Appraisal Institute. Legally Permissible Uses: The subject is zoned R1, Low Density Residential, which allows for a variety low density residential uses. The site is guided Urban Low Density. The site is not buildable as a stand-alone site; however, if sold to a neighboring parcel (most likely the parcel to the south), the subject could become buildable if assembled. Physically Possible Uses: The physical characteristics of the site are not suitable for building as a standalone due to the various easements. The site can be used as side yard and can support a home (if assembled). Public utilities appear to be available and the subject has average visibility/access. The property is located on Spring Lake with about 53’ of frontage. Financially Feasible Uses: Typically, surrounding uses, market demand, and availability of financing drive financially feasible uses. Surrounding Uses: Immediate surrounding uses consist primarily of residential users. The surrounding uses would support a residential related use (if assembled). Financing: Residential interest rates are historically low, however, they have been creeping upward. Currently, rates are 2.75% to 4.00%, depending on the loan amount and house type (new construction rates are higher). Overall, financing availability is rated to be average to good. The site as it currently exists would likely not be able to secure financing as it is not buildable. If assembled, financing would not be an issue. Market Demand: The property is located on Spring Lake in the City of Prior Lake. Overall, demand for lake property is rated to be average to good. Most of the lots on the lake are built-up; most new construction occurs with razing an existing house. Financially Feasible Uses: The subject is not buildable. The city indicated that dock rights would not be allowed on a vacant property. As such, a standalone residential or dock use is not possible on the site. Assembly with an adjoining property to create a larger site is considered to be the most financially feasible option. Nagell Appraisal Incorporated | 952.544.8966 Page 37 Highest and Best Use – Continued Maximally Productive Use: A typical market participant might consider the following options: 1) Develop the current vacant site: Given the useable area and zoning required setbacks, this option does not appear to be feasible. 2) Sell to a neighbor: A typical market participant would likely sell the subject to a neighboring parcel as extra side yard. It appears selling the subject to the parcel to the south is more feasible as they have potential to add onto their existing house and/or redevelop. 3) Continue use: This option is possible; however, a typical market participant would likely sell it off to a neighbor for assemblage. Given the above, option 2 appears to be the most probable. As such, the highest and best use of the subject is to sell off to a neighbor and/or continue to hold as the market demand warrants and zoning allows. Site as Improved: The use that should be made of a property as it exists. An existing improvement should be renovated or retained as so long as it continues to contribute to the total market value of the property, or until the return from a new improvement would more than offset the cost of demolishing the existing building and constructing a new one. The Dictionary of Real Estate Appraisal, Fifth Edition, by the Appraisal Institute. This analysis is not applicable as the subject is vacant land. Most Likely Buyer: Would be a neighboring parcel for extra side yard and/or to expand existing home (as allowed by zoning). Valuation Methodology: The highest and best conclusion of the subject is that a typical market participant would likely sell the subject as extra side yard to an adjoining parcel (the subject is not buildable as a standalone site). That being said, non-buildable lots can be difficult to find in the market as they do not often sell. Given this, a side yard analysis will be applied to determine the value of the subject. The side yard value is the marginal increase in total price paid for extra lake front footage. Generally, as the width of a lot increases beyond the minimum lot size, the price per front foot drops (unless the lot can be subdivided). While a side yard analysis is applicable, there is also potential for an adjoining neighbor to pay a higher value because their site is enhanced. For example, the neighbor to the south could create a larger buildable pad area or the neighbor to the north could use the subject for impervious surface calculations. Therefore, a second analysis will be conducted that considers the added market value of having a larger lot. This captures the higher end of the value range. A final value will be correlated between the two above indications. Page 38 Nagell Appraisal Incorporated | 952.544.8966 COST APPROACH The subject is vacant land, the Cost Approach is not considered an applicable indicator of value and therefore was not applied. INCOME APPROACH Vacant residential land is typically not rented in the market. Given the lack of applicable data, the Income Approach was considered less reliable and was therefore not applied. SALES COMPARISON APPROACH The Sales Comparison Approach to Value is predicated upon sales of properties with similar characteristics as the subject. The primary premise of this approach is that the market value of the subject is directly related to the prices of competing properties after adjustment. Adjustments are made in an effort to account for significant differences. Supply and Demand: Sales in the market result from negotiations between buyers, sellers and lenders. Buyers reflect market demand and sellers supply. If demand is high, prices tend to increase, if it is low, prices usually decrease. Substitution: The principle of substitution holds that the value of a property tends to be set by the price paid to acquire a substitute property of similar utility and desirability within a reasonable amount of time (The Appraisal of Real Estate, 14th Edition). The Sales Comparison Approach is less reliable if substitute properties are not available in the market. There are adequate sales to apply the sales comparison approach and formulate a reliable indication of market value. Balance: The market tends to force a balance between supply and demand. Balance can change due to shifts in population, variations in purchasing power, consumer tastes and preference and time. Externalities: When possible, select comparables with similar location, economic conditions and support facilities. The Following Outline Is Used In The Sales Comparison Approach: - A location map of the comparable sales. - Comparable sales are listed. Nagell Appraisal Incorporated | 952.544.8966 Page 39 Comparable Location Map Primary Comparable Selection/Search Criteria: • Residential lake land sales • Sale date of January 1, 2018+, older sales may be considered due to proximity • Data from competing communities • In some instances, older data and/or data from competing communities will be utilized due to proximity to the subject and other characteristics similar to the subject. Page 40 Nagell Appraisal Incorporated | 952.544.8966 Sales Comparison Approach – continued COMPARABLE #1A Location: 2xxx Center Road, Prior Lake Description: Vacant Residential Land Site Size: 16,771 SF Lake: Upper Prior Lake Front Foot: 110 Feet Sale Date: September 2019 Sale Price: $555,000 Buildable: Yes Unit Front Foot: $5,045 per SF COMPARABLE #1B Location: 5594 Candy Cove Trail Southeast, Prior Lake Description: Vacant Residential Land Site Size: 22,216 SF Lake: Lower Prior Lake Front Foot: 78 Feet Sale Date: October 2020 Sale Price: $500,000 Buildable: Yes Unit Front Foot: $6,410 per SF Sale A Sale B Difference $/FF $5,045 $6,410 -- FF (front foot) 110 78 32 Sale Price $555,000 $500,000 $55,000 Side Yard Value (sale price difference / front foot difference) $1,719 Nagell Appraisal Incorporated | 952.544.8966 Page 41 Sales Comparison Approach – continued COMPARABLE #2A Location: 9525 Laketown Road, Chaska Description: Residential Land (nominal building improvements) Site Size: 1,960,636 SF Lake: Piersons Lake Front Foot: 277 Feet Sale Date: March 2019 Sale Price: $925,000 Buildable: Yes Unit Front Foot: $3,339 per SF COMPARABLE #2B Location: 9501 Lakewood Circle, Chaska Description: Vacant Residential Land Site Size: 2,793,938 SF Lake: Piersons Lake Front Foot: 417 Feet Sale Date: January 2019 Sale Price: $1,325,000 Buildable: Yes Unit Front Foot: $3,177 per SF Sale A Sale B Difference $/FF $3,339 $3,177 -- FF (front foot) 277 417 140 Sale Price $925,000 $1,325,000 $400,000 Side Yard Value (sale price difference / front foot difference) $2,857 Page 42 Nagell Appraisal Incorporated | 952.544.8966 Sales Comparison Approach – continued COMPARABLE #3A Location: XXX Lake Sarah Heights Drive, Greenfield Description: Residential Land (nominal building improvements) Site Size: 222,156 SF Lake: Lake Sarah Front Foot: 57 Feet Sale Date: January 2020 Sale Price: $338,900 Buildable: Yes Unit Front Foot: $5,945 per SF COMPARABLE #3B Location: 5125 Fern Drive, Independence Description: Vacant Residential Land Site Size: 63,162 SF Lake: Lake Sarah Front Foot: 150 Feet Sale Date: April 2021 Sale Price: $435,000 Buildable: Yes Unit Front Foot: $2,900 per SF Sale A Sale B Difference $/FF $5,945 $2,900 -- FF (front foot) 57 150 93 Sale Price $338,900 $435,000 $96,100 Side Yard Value (sale price difference / front foot difference) $1,033 Nagell Appraisal Incorporated | 952.544.8966 Page 43 Sales Comparison Approach – continued COMPARABLE #4A Location: 121 Wildwood Beach Road, Mahtomedi Description: Vacant Residential Land Site Size: 31,363 SF Lake: White Bear Lake Front Foot: 101 Feet Sale Date: December 2018 Sale Price: $928,000 Buildable: Yes Unit Front Foot: $9,188 per SF COMPARABLE #4B Location: 3 Gardner Lane, Dellwood Description: Vacant Residential Land Site Size: 22,564 SF Lake: White Bear Lake Front Foot: 150 Feet Sale Date: September 2020 Sale Price: $1,100,000 Buildable: Yes Unit Front Foot: $7,333 per SF Sale A Sale B Difference $/FF $9,188 $7,333 -- FF (front foot) 101 150 49 Sale Price $928,000 $1,100,000 $172,000 Side Yard Value (sale price difference / front foot difference) $3,510 Page 44 Nagell Appraisal Incorporated | 952.544.8966 Sales Comparison Approach – continued COMPARABLE #5A Location: 14535 Pine Road Northeast, Prior Lake Description: Residential Land (nominal building improvements) Site Size: 9,453 SF Lake: Lower Prior Lake Front Foot: 52 Feet Sale Date: June 2021 Sale Price: $575,000 Buildable: Yes Unit Front Foot: $11,058 per SF COMPARABLE #5B Location: 5562 Candy Cove Trail Southeast, Prior Lake Description: Residential Land (nominal building improvements) Site Size: 39,204 SF Lake: Lower Prior Lake Front Foot: 93 Feet Sale Date: June 2020 Sale Price: $585,000 Buildable: Yes Unit Front Foot: $6,290 per SF Sale A Sale B Difference $/FF $11,058 $6,290 -- FF (front foot) 52 93 41 Sale Price $575,000 $585,000 $10,000 Side Yard Value (sale price difference / front foot difference) $244 Nagell Appraisal Incorporated | 952.544.8966 Page 45 Sales Comparison Approach – continued COMPARABLE #6A Location: 10321 – 204th Street West, Lakeville Description: Residential Land (nominal building improvements) Site Size: 16,553 SF Lake: Lake Marion Front Foot: 101 Feet Sale Date: September 2021 Sale Price: $907,000 Buildable: Yes Unit Front Foot: $8,980 per SF COMPARABLE #6B Location: 10330 – 199th Street West, Lakeville Description: Residential Land (nominal building improvements) Site Size: 36,373 SF Lake: Lake Marion Front Foot: 220 Feet Sale Date: September 2021 Sale Price: $1,400,000 Buildable: Yes Unit Front Foot: $6,363 per SF Sale A Sale B Difference $/FF $8,980 $6,363 -- FF (front foot) 101 220 119 Sale Price $907,000 $1,400,000 $493,000 Side Yard Value (sale price difference / front foot difference) $4,143 Page 46 Nagell Appraisal Incorporated | 952.544.8966 Sales Comparison Approach – continued COMPARABLE #7A Location: 1751 Shoreline Boulevard, Prior Lake Description: Residential Land (building improvements torn down) Site Size: 18,295 SF Lake: Spring Lake Front Foot: 105 Feet Sale Date: July 2020 Sale Price: $425,000 Buildable: Yes Unit Front Foot: $4,048 per SF COMPARABLE #7B Location: 1781 Shoreline Boulevard, Shakopee Description: Vacant Residential Lot Site Size: 8,712 SF Lake: Spring Lake Front Foot: 73 Feet Sale Date: June 2020 Sale Price: $250,000 Buildable: Yes Unit Front Foot: $3,425 per SF Sale A Sale B Difference $/FF $4,048 $3,425 -- FF (front foot) 105 73 32 Sale Price $425,000 $250,000 $175,000 Side Yard Value (sale price difference / front foot difference) $5,469 Nagell Appraisal Incorporated | 952.544.8966 Page 47 Sales Comparison Approach – continued COMPARABLE #8A Location: 1781 Shoreline Boulevard, Shakopee Description: Vacant Residential Lot Site Size: 8,712 SF Lake: Spring Lake Front Foot: 73 Feet Sale Date: June 2020 Sale Price: $250,000 Buildable: Yes Unit Front Foot: $3,425 per SF COMPARABLE #8B Location: 17486 Vergus Avenue, Jordan Description: Residential Land (building improvements torn down) Site Size: 35,153 SF Lake: Spring Lake Front Foot: 100 Feet Sale Date: February 2019 Sale Price: $315,000 Buildable: Yes Unit Front Foot: $3,150 per SF Sale A Sale B Difference $/FF $3,425 $3,150 -- FF (front foot) 73 100 27 Sale Price $250,000 $315,000 $65,000 Side Yard Value (sale price difference / front foot difference) $2,407 Page 48 Nagell Appraisal Incorporated | 952.544.8966 Sales Comparison Approach – Continued Indicator Side Yard per FF Range $244 - $5,469 Average $2,673 Median $2,632 The sales above reflect already assembled sites that do not have easements. The range in price per front foot is common, as such 8 pairs have been considered. Given the location, characteristics, easement, exposure, a rate near the lower end of the range is considered appropriate. Front Foot (FF) Value per SF Total 53’ $1,900 $100,700 Opinion of Value (as is) – Side Yard $100,000 (rnd.) Note: The above reflects a generic side yard value. A second value analysis will be completed on the following page that indicates a higher potential value if the value add of assembling is considered. Nagell Appraisal Incorporated | 952.544.8966 Page 49 Sales Comparison Approach – Continued The following analysis considers the contributory value of the subject if assembled with one of the adjoining parcels to the north our south. The owner to the south expressed interest in purchasing the subject, so that lot will be the basis for this analysis. The land to the south has about 52’ of frontage on the lake. If combined with the subject the total lake frontage would be 105’. Based on the sales from the prior pages, specifically 1A, 1B, 5A, 5B, 6A, 6B, 7A, 7B, and 8B, the following sale prices per front foot are indicated: Minimum: $3,150 per front foot Maximum: $11,058 per front foot Average: $6,085 per front foot Median: $6,290 per front foot Sale 5A, which is $11,058 per front foot, appears to be a significant outlier. If removed, the average is $5,464 per front foot while the median is $5,668 per front foot. Considering a price per front foot of $5,000, the total value of the combined site would be: 105’ x $5,000 per front foot = $525,000 rounded The base buildable lot, which is the neighbor to the south, likely would have a price per front foot around $6,500. This would be: 53’ x $6,500 = $345,000 rounded The residual value, which would be attributable to the subject, is: $525,000 - $345,000 = $180,000 The price per front foot is: $180,000 / 53’ = $3,396 The subject property would likely increase the adjoining property value, if assembled, by around $180,000. Opinion of Value (as is) – Assembled $180,000 Page 50 Nagell Appraisal Incorporated | 952.544.8966 Sales Comparison Approach – Continued The Sales Comparison Approach considers two scenarios. The first is generic side yard while the second is the assembled value. The scenarios indicated the following: Opinion of Value (as is) – Side Yard $100,000 Opinion of Value (as is) – Assembled $180,000 There is a high chance that the adjoining owner to the north or south would purchase the subject. However, this value reflects a total assembled value and would be on the high end of the range. The generic side yard value would be considered more applicable to the general market as a whole and likely represents the value mid-range. Because of the unique subject scenario and lake location, about equal weight is given to the above scenarios. Therefore, the following final value is concluded: Opinion of Value (as is) $140,000 Nagell Appraisal Incorporated | 952.544.8966 Page 51 RECONCILIATION Indicated Value by Cost Approach Not Applied Indicated Value by Sales Comparison Approach $140,000 Indicated Value by Income Approach Not Applied The Cost Approach to value was not applied as the subject is being appraised as vacant land. The Direct Sales Comparison Approach to value analyzed recent sales of properties as compared with the characteristics of the subject property. This results in an indication of market value at which a typical buyer would be willing to pay for the subject property. Quantity and quality of data for the subject was rated to be fair to average. The Income Approach was not utilized due to limited/ rents of properties similar to the subject. Conclusion: The Sales Comparison Approach is considered the most applicable approach. Final Value Opinion FINAL VALUE OPINION – Fee Simple Interest – $140,000 NOTE: Changes in the economy, market, building, use, lease, and/or management, foreclosure, etc., subsequent to the effective appraisal date could impact market value. Typically, unstable and/or distressed properties with unusual conditions and/or motivated sellers tend to sell below market value. Based on market observations and discussions with various market experts, bank owned discounts can range from 10%-50%+. The appraised value opinion is considered to be indicative of the most probable price within the subject market (see Market V alue Definition in rear of report). The actions of buyers and sellers operating in said market generally reflects a bell curve, wi th most participants and prices in the middle of the curve. However, there are right and left tail market participants that may have a different perception of value than most buyers/sellers resulting in a willingness to pay more or less than the appraised v alue opinion. Seller may be fortunate and find a buyer who needs this property and is willing to pay more, conversely there could only be buyers that are towards the left, that are willing to pay less. EXPOSURE TIME / MARKETING TIME Reasonable Exposure Time: Typically 12 months before the effective date of the appraisal. Marketing Time Opinion: 12 months or less after the effective date of the appraisal. Page 52 Nagell Appraisal Incorporated | 952.544.8966 DEFINITIONS MARKET VALUE - The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently, knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (A) buyer and seller are typically motivated; (B) both parties are well informed or well advised, and each acting in what they consider their own best interest; (C) a reasonable time is allowed for exposure in the open market; (D) payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (E) the price represents the normal consideration for the property sold, unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. Source: Dictionary of Real Estate Appraisal, Fifth Edition, Appraisal Institute ENVIRONMENTAL & STRUCTURAL ISSUES Regarding any adverse environmental and/or improvement structural conditions (such as, but not limited to, hazardous wastes, toxic substances, mold, construction defects or inadequacies, etc.) present in the improvements, on the site, or in the immediate vicinity of the subject property: None are apparent, however, appraiser is not an expert in this field. Value assumes no hazardous or structural conditions exist. Value assumes any abandoned wells will be properly sealed. If any of these conditions exist the appraised value could differ significantly. Nagell Appraisal Incorporated | 952.544.8966 Page 53 EXTRAORDINARY ASSUMPTIONS & HYPOTHETICAL CONDITIONS As stated by USPAP; Extraordinary Assumption: An assumption, directly related to a specific assignment, which, if found to be false, could alter the appraiser’s opinions of conclusions. None Hypothetical Condition: That which is contrary to what exists but is supposed for the purpose of analysis. None Page 54 Nagell Appraisal Incorporated | 952.544.8966 ASSUMPTIONS AND LIMITING CONDITIONS 1. The appraisers assume no responsibility for matters of a legal nature affecting the property appraised or the title thereto, nor do the appraisers render any opinion as to the title, which is assumed to be good and marketable. The property is appraised as though under responsible ownership and good management. 2. The furnished legal description is assumed to be correct. 3. Any sketch in the report may show approximate dimensions and is included to assist the reader in visualizing the property. The appraisers have made no survey of the property. It is assumed unless otherwise noted that no survey has been viewed and that all improvements are located within the legally described property. 4. The appraisers are not required to give testimony or appear in court because of having made the appraisal with reference to the property in question, unless arrangements have been previously made therefore. 5. The distribution of the total valuation in this report between land and improvements applies only under the reported highest and best use of the property. The allocations of value for land and improvements must not be used in conjunction with any other appraisal and are invalid if so used. 6. The appraisers assume that there are no hidden or unapparent conditions of the property, subsoil, or structures, which would render it more or less valuable. The appraisers assume no responsibility for such conditions, or for engineering, which might be required to discover such factors. 7. Unless otherwise stated in this report, the existence of hazardous materials, which may or may not be present on the property, was not observed by the appraiser. The appraiser has no knowledge of the existence of such materials on or in the property. The appraiser, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea-formaldehyde foam insulation, radon gas, or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. The client is urged to retain an expert in this field, if desired. 8. Information, estimates, and opinions furnished to the appraisers, and contained in the report, were obtained from sources considered reliable and believed to be true and correct. However, the appraisers can assume no responsibility for accuracy of such items furnished the appraisers. 9. Disclosure of the contents of the appraisal report is governed by the Bylaws and Regulations of the professional appraisal organizations with which the appraisers are affiliated. No part of the contents of this report, or copy thereof (including conclusions as to the property value, the identity of the appraiser, professional designations, reference to any professional appraisal organizations, or the firm with which the appraiser is connected), shall be disseminated to the public through advertising, public relations, news, sales, or any other public means of communications without the prior written consent and approval of the appraisers. Nagell Appraisal Incorporated | 952.544.8966 Page 55 Assumptions & Limiting Conditions – continued 10. The appraisers have no present or contemplated future interest in the property appraised; and neither the employment to make the appraisal, nor the compensation for it, is contingent upon the appraised value of the property. The appraisers have no personal interest or bias with respect to the parties involved. 11. The appraiser has personally inspected the subject site (unless noted otherwise). The comparable sales data has been viewed via aerial maps, photographs and/or online street views along with file pictures, when available. To the best of the appraiser’s knowledge and belief, all statements and information in this report are true and correct, and the appraisers have not knowingly withheld any significant information. 12. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and is our personal, unbiased professional analyses, opinions, and conclusions. Our analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. The appraisal is for the sole use of the named client. 13. The Americans with Disabilities Act ("ADA") became effective January 26, 1992. We have not made a specific compliance survey and analysis of the property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this fact could have a negative effect upon the value of the property. Since we have no direct evidence relating to this issue, we did not consider possible non-compliance with the requirements of ADA in estimating the value of the property. 14. To the best of our knowledge and belief, the reported analysis, opinions, and conclusions were developed, and this report was prepared in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. 15. The appraised value opinion assumes all leases (if any) are current and paid in full as of the effective date of the appraisal. 16. Excel grids and tables may have slight deviations due to rounding, which may have a nominal impact on value. 17. The appraised value opinion assumes all formulas used in the Excel grids throughout the report are accurate. 18. Unless noted, value assumes no apparent adverse site, building or zoning issues or conditions. 19. Site and building sizes are based on public record, data services, client and/or appraiser measurement at the time of appraisal and are considered reliable, but not guaranteed. Actual sizes herein could vary if made by an engineer/surveyor/contractor. 20. Because market and property conditions may change rapidly, the named client should exercise caution in relying on the appraised value subsequent to the appraisal date with the passage of time. 21. If any of the above if found to be different, value could change. Page 56 Nagell Appraisal Incorporated | 952.544.8966 CERTIFICATION I certify that, to the best of my knowledge and belief: 1) The statements of fact contained in this report are true and correct. 2) The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased professional analysis, opinions, and conclusions. 3) I have no present or prospective interest in the property that is the subject of this report, and no personal interest with respect to the parties involved. 4) I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 5) My engagement in this assignment was not contingent upon developing or reporting predetermined results. 6) My compensation for completing this assignment is not contingent upon the development or reporting of predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 7) My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. 8) The reported analyses, opinions and conclusions were developed, and this report has been prepared in conformity with the requirements of the Appraisal Institute’s Code of Professional Ethics and Standards of Professional Appraisal Practice, which includes the Uniform Standards of Appraisal Practice. 9) Elizabeth Waytas made a personal inspection of the property that is the subject of this report. William R. Waytas and Ethan Waytas have not inspected the subject property. 10) No one provided significant professional assistance to the person signing this report. 11) In accordance with the competency provision USPAP, I have verified that my knowledge, experience and education are sufficient to allow me to competently complete this appraisal. See attached qualifications. 12) As of the date of this report, William R. Waytas has completed the requirements of the continuing education program of the Appraisal Institute. 13) The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representative. 14) We have not provided services as an appraiser, regarding the subject property within the 3-year period immediately preceding acceptance to this assignment. Elizabeth Waytas Ethan Waytas, MAI William R. Waytas Trainee Appraiser MN 40672995 Certified General MN 40368613 Certified General MN 4000813 Date: see report Date: see report Date: see report Nagell Appraisal Incorporated | 952.544.8966 Page 57 QUALIFICATIONS Appraisal Experience Presently and since 2015, Elizabeth Waytas has been employed as an employee of Nagell Appraisal Incorporated, an independent appraisal firm (12 employees) who annually prepares 1,500 +/- appraisal reports of all types. She is currently a full-time licensed trainee real estate appraiser, as well as data support for Nagell. Properties Appraised ⎯ Commercial – low and high-density multi-family, retail, office, office condos, storage units, mixed-use, industrial, restaurant, strip-centers, convenience stores, auto- service and repair, greenhouse/landscaping properties, dog kennels, mini-storage complexes, redevelopment land, food production and distribution, churches, bed & breakfasts, numerous special use properties, and subdivision analysis. ⎯ Residential – single-family residences, residential with water frontage, hobby farms, townhouses, relocation properties (Relo’s) and land ⎯ Eminent Domain – assisted with extensive partial and total acquisition appraisal services provided to numerous government agencies and private owners. ⎯ Special Assessment – assisted with numerous street improvement and utilities projects for both government and private owners ⎯ Clients – served include banks, trust companies, corporations, governmental bodies, attorneys, and private individuals ⎯ Area of Service – most appraisal experience is in the greater Twin Cities Metro Area (typically an hour from downtown metro). Also, numerous assignments throughout Minnesota and Wisconsin. Professional Membership, Associations & Affiliations License: Trainee Real Property Appraiser, MN License #40672995 Education -- Bemidji State University, Bemidji, MN B.S. Degree in Business Adm., Management Emphasis -- General & Professional Practice Courses & Seminars -- Basic Appraisal Procedures -- Basic Appraisal Principles -- 2021-2022 15-Hour National Uniform Standards of Professional Appraisal Practice -- Supervisory Appraiser/Trainee Appraiser Course -- General Appraiser Income Approach – Part 1 -- General Appraiser Income Approach – Part 2 Page 58 Nagell Appraisal Incorporated | 952.544.8966 Curriculum Vitae -- continued Appraisal Experience Presently and since 1985, William R. Waytas has been employed as a full-time real estate appraiser. Currently a partner and President of Nagell Appraisal Incorporated, an independent appraisal firm (12 employees) who annually prepare 1,500 +/- appraisal reports of all types. Mr. Waytas was employed with Iver C. Johnson & Company, Ltd., Phoenix, AZ from 1985 to 1987. Properties appraised: • Commercial - low and high-density multi-family, retail, office, industrial, restaurant, church, strip- mall, fast-food, convenience stores, auto-service and repair, hotel, hotel water park, bed & breakfast, cinema, marina, numerous special use properties, and subdivision analysis. • Residential – single-family residences, hobby farms, lakeshore, condominiums, townhouses, REO and land. • Eminent Domain – extensive partial and total acquisition appraisal services provided to numerous governmental agencies and private owners. • Special Assessment – numerous street improvement and utilities projects for both governmental and private owners. • Review – residential, commercial and land development. • Clients - served include banks, savings and loan associations, trust companies, corporations, governmental bodies, relocation companies, attorneys, REO companies, accountants and private individuals. • Area of Service - most appraisal experience is in the greater Twin Cities Metro Area (typically an hour from downtown metro). Numerous assignments throughout Minnesota. Professional Membership, Associations & Affiliations License: Certified General Real Property Appraiser, MN License #4000813. Appraisal Institute: SRA, Senior Residential Appraiser Designation, General Associate Member Employee Relocation Council: CRP Certified Relocation Professional Designation. International Right-Of-Way Association: Member HUD/FHA: On Lender Selection Roster and Review Appraiser DNR: Approved appraiser for Department of Natural Resources Testimony -- Court, deposition, commission, arbitration & administrative testimony given. Mediator -- Court appointed in Wright County. Committees -- President of Metro/Minnesota Chapter, 2002, Appraisal Institute. -- Chairman of Residential Admissions, Metro/MN Chapter, AI. -- Chairman Residential Candidate Guidance, Metro/Minnesota Chapter, AI. -- Elm Creek Watershed Commission, Medina representative 3 years. -- Medina Park Commission, 3 years. Nagell Appraisal Incorporated | 952.544.8966 Page 59 Curriculum Vitae -- continued Education -- Graduate of Bemidji State University, Minnesota. B.S. degree in Bus. Ad. -- During college, summer employment in building trades (residential and commercial). -- Graduate of Cecil Lawter Real Estate School. Past Arizona Real Estate License. -- General & Professional Practice Courses & Seminars -- Course 101-Introduction to Appraising Real Property. -- Numerous Standards of Professional Practice Seminar. -- Fair Lending Seminar. -- Eminent Domain & Condemnation Appraising. -- Eminent Domain (An In-Depth Analysis) -- Property Tax Appeal -- Eminent Domain -- Business Practices and Ethics -- Scope of Work -- Construction Disturbances and Temporary Loss of Going Concern -- Uniform Standards for Federal Land Acquisitions (Yellow Book Seminar) -- Partial Interest Valuation Divided (conservation easements, historic preservation easements, life estates, subsurface rights, access easements, air rights, water rights, transferable development rights) Commercial/Industrial/Subdivision Courses & Seminars -- Capitalization Theory & Techniques -- Highest & Best Use Seminar -- General & Residential State Certification Review Seminar -- Subdivision Analysis Seminar. -- Narrative Report Writing Seminar (general) -- Advanced Income Capitalization Seminar -- Advanced Industrial Valuation -- Appraisal of Local Retail Properties -- Appraising Convenience Stores -- Analyzing Distressed Real Estate -- Evaluating Commercial Construction -- Fundamentals of Separating Real Property, Personal Property and Intangible Business Assets Residential Courses & Seminars -- Course 102-Applied Residential Appraising -- Narrative Report Writing Seminar (residential) -- HUD Training session local office for FHA appraisals -- Familiar with HUD Handbook 4150.1 REV-1 & other material from local FHA office. -- Appraiser/Underwriter FHA Training -- Residential Property Construction and Inspection -- Numerous other continuing education seminars for state licensing & AI Speaking Engagements -- Bankers -- Auditors -- Assessors -- Relocation (Panel Discussion) Publications -- Real Estate Appraisal Practice (book): Acknowledgement -- Articles for Finance & Commerce and Minnesota Real Estate Journal Page 60 Nagell Appraisal Incorporated | 952.544.8966 Curriculum Vitae – continued Appraisal Experience Presently and since 2006, Ethan Waytas, MAI has been employed as an employee of Nagell Appraisal Incorporated, an independent appraisal firm (12 employees) who annually prepare 1,500 +/- appraisal reports of all types. He is currently a full time licensed certified general real estate appraiser, partner, and director of the company’s IT department. Properties appraised: • Commercial - low and high-density multi-family, retail, office, industrial, restaurant, church, strip- mall, fast-food, convenience stores, auto-service and repair, cinema, numerous special use properties, golf courses, and subdivision analysis. • Residential – single-family residences, hobby farms, lakeshore, condominiums, townhouses, REO and land. • Eminent Domain – extensive partial and total acquisition appraisal services provided to numerous governmental agencies and private owners. • Special Assessment – numerous street improvement and utilities projects for both governmental and private owners. • Clients - served include banks, savings and loan associations, trust companies, corporations, governmental bodies, relocation companies, attorneys, REO companies, accountants and private individuals. • Area of Service - most appraisal experience is in the greater Twin Cities Metro Area (typically an hour from downtown metro). Numerous assignments throughout Minnesota. Testimony -- Court, commission, mediation testimony, etc. has been given Professional Membership, Associations & Affiliations License: Certified General Real Property Appraiser, MN License #40368613 Holds the MAI designation from the Appraisal Institute Education -- Graduate of the University of Minnesota: College of Science and Engineering, Twin Cities Campus Bachelor of Science in Computer Science, with distinction, 3.86 GPA. -- General & Professional Practice Courses & Seminars -- Basic Appraisal Procedures -- Basic Appraisal Principles -- 2012-2013 15-Hour National Uniform Standards of Professional Appraisal Practice -- General Appraiser Sales Comparison Approach -- General Appraiser Income Approach – Part 1 -- General Appraiser Income Approach – Part 2 -- Advanced Income Capitalization -- General Appraiser Report Writing and Case Studies -- Real Estate Finance, Statistics and Valuation Modeling -- 2014-2015 7-hour National USPAP Update Course -- General Appraiser Site Valuation & Cost Approach -- Advanced Market Analysis and Highest & Best Use -- Advanced Concepts & Case Studies -- Quantitative Analysis Nagell Appraisal Incorporated | 952.544.8966 Page 61 ADDENDA TO APPRAISAL REPORT Location Map Island View Homeowners Association Lots Outlot A and Outlot B, Island View 1st Addition OLA OLB