HomeMy WebLinkAbout07G HERO Center - Joint Powers Agreement
JOINT POWERS AGREEMENT
BETWEEN THE CITY OF COTTAGE GROVE AND THE CITY OF WOODBURY
FOR THE EAST METRO PUBLIC SAFETY TRAINING FACILITY
THIS AGREEMENT, (“Agreement”) is made and entered into as of the day of
, 2018, (“Effective Date”) by and between the City of Cottage Grove (“Cottage
Grove”), a Minnesota municipal corporation, and the City of Woodbury (“Woodbury”), a Minnesota
municipal corporation (each sometimes hereinafter called “Partner ” and both sometimes collectively
called “Partners ”).
RECITALS
A. The Parties entered into a Memorandum of Agreement on April 28, 2016 for the operation,
maintenance, design and construction of the East Metro Public Safety Training Facility (aka
Health and Emergency Response Occupations Center - “HERO Center”), to be constructed on
real property owned by Cottage Grove;
B. Costs of the predesign and design of the HERO Center were funded by a $1,460,000 general
obligation bond allocated in 2015;
C. As part of the State of Minnesota 2018 bonding bill, Cottage Grove was allocated $9,500,000
in State general obligation bond proceeds to fund the construction, furnishing and equipping of
the HERO Center;
D. Cottage Grove is required to enter into an MMB Grant Agreement (“MMB Grant Agreement”)
with the State for use of the bond proceeds;
E. As part of the MMB Grant Agreement with the State for the bond proceeds, the Parties must enter
into an agreement for the use, operation and management of the HERO Center;
F. To further define the agreement and understanding of the Parties to govern the ongoing use,
operation and management of the HERO Center, the Parties desire to hereby terminate the
Memorandum of Understanding and replace the Memorandum of Understanding with this
Agreement.
NOW THEREFORE, in consideration of the mutual promises and agreements contained
herein and the authority of the Parties to enter into this Agreement provided by Minnesota Statutes,
Section 471.59, the Parties agree as follows:
ARTICLE I
USE AND OWNERSHIP
1.1 The HERO Center shall be used as a regional public safety training center to meet the
training and skills development needs of multiple municipal law enforcement and
emergency responder agencies, the regional medical community and state university
partners. The HERO Center will allow for technical and advance training of police and
emergency responders and allow for the Partners to work in collaboration for other pre-
employment, continuing education and various in-service trainings.
1.2 The HERO Center will be constructed on real property located in the City of Cottage Grove,
legally described as Lot 1, Block 1, HERO Center Addition, Washington County, Minnesota
(“the Property”), which is owned by Cottage Grove.
1.3 The HERO Center will be jointly and equally owned, maintained, operated and managed by
Cottage Grove and Woodbury, subject to the specific rights and obligations related to the use
of the HERO Center as specified in this Agreement. Cottage Grove and Woodbury will
exclusively own the HERO Center, including all buildings, physical structures, all equipment,
fixtures and furnishings.
ARTICLE II
TERM
2.1 The initial Term of the Agreement shall be for a period of 10 years, commencing on
, 2018 (“Commencement Date”) and ending on , 2028 (“Initial
Term”). This Agreement shall be automatically renewed for additional 5-year terms,
unless Cottage Grove notifies Woodbury, or Woodbury notifies Cottage Grove, in writing
of cancellation at least one year prior to the expiration of the Initial Term or any renewal
term, or unless it is otherwise terminated in accordance with this Agreement.
ARTICLE III
FACILITY OPERATIONS COMMITTEE
3.1 There shall be a Facility Operations Committee (“Committee”) with six (6) members
consisting of the City Administrator from each Partner, the public safety director from each
Partner and one (1) city staff member from each Partner, or their designees.
3.2 The purpose of the Committee is to coordinate the joint use and operation of the HERO
Center. The Committee is authorized to exercise such authority as is necessary and proper to
fulfill its purpose and perform its duties, as provided in this Agreement or as directed by the
city councils of each Partner. The Committee is charged with developing a Facility
Operations Plan that must be adopted by each city council. Once a Facility Operations Plan
is adopted, the Committee or designees from each Partner are responsible for the day-to-day
operations of the HERO Center and responsible for the effective and responsive day-to-day
coordination of activities in the HERO Center, consistent with the requirements of this
Agreement and the Facility Operations Plan.
3.3 Each member shall serve until replaced as determined by the City Administrators.
3.4 A quorum of the Committee shall consist of four (4) members, not less than two members
from each city.
3.5 The Committee shall annually appoint a Chair to preside at all meetings. The Chair shall
alternate between a Cottage Grove representative and a Woodbury representative each year.
3.6 Each member of the Committee shall have one (1) vote on any matter presented for approval.
In matters of a tie vote, that item shall not be deemed as approved. The Committee shall meet
as needed, but must meet at least one time per year. It may adopt such rules of procedure as
it deems necessary.
3.7 The Committee’s ongoing duties include, but are not limited to: meeting annually to review
and recommend updates for the Facility Operations Plan; recommending an administrator or
manager of the HERO Center; recommending the pay plan for employees who work at the
HERO Center; monitoring the finances, including but not limited to, regular budget to actual
expenditures, for the operations of the HERO Center; approve agreements for the operations,
care and management of the HERO Center; advising the City Administrators on related
financial matters as deemed appropriate; to resolve disputes that may arise with regard to the
Facility Operations Plan or issues that may not be addressed therein; to coordinate fees for the
Partners as well as for other users; and to bring issues or recommendations to the attention of
each Partner for informational purposes or for approval to oversee the maintenance,
management and use of the HERO Center; and to recommend an annual budget and a capital
improvement plan to the City Administrators.
ARTICLE IV
FACILITY OPERATIONS PLAN
4.1 The Facility Operations Committee will develop a written Facility Operations Plan for the
day-to-day use and operation of the HERO Center, including, but not limited to: cost sharing
and allocation percentages of received revenues above Operating Costs; appropriate users; the
use of the space for events; the use and maintenance of the common areas; the use by one
Partner of the other Partner’s space; hours of operation; reservations and financial procedures;
custodial and housekeeping responsibilities and standards; building access; procedures for
reviewing and recommending capital improvements; policies for gifts, donations and grants
for the HERO Center; and other issues necessary for coordinating the efficient and effective
operation of the HERO Center.
4.2 The Facility Operations Plan shall be annually reviewed and updated as necessary by the
Facility Operations Committee.
4.3 The Facility Operations Committee shall establish a schedule of uniform fees for the use of
the HERO Center by users other than the Parties, as well as the use of the revenues resulting
from the fees. Such fees and revenue shall be set forth in the Facility Operations Plan.
4.4 Both Parties have equal authority and fiscal responsibility for the exterior maintenance of the
HERO Center; exterior and interior repair of the HERO Center; the long-term maintenance
of the HERO Center (e.g. a new roof or furnace) and future capital improvements. Each
Partner may provide input with regard to such decisions through the Facility Operations
Committee and as necessary, the city councils. Needed repair caused by the negligence or
intentional acts of one Partner, its employees and users will be paid for by the negligent
Partner. A capital improvement made for the sole benefit of one Partner shall be paid for by
the benefiting Partner.
ARTICLE V
FINANCIAL CONTRIBUTIONS
5.1 Construction Management. Cottage Grove will enter into construction contract(s) for the
construction of the HERO Center and will provide all management services and be the
primary point of contact during the construction. Change orders that increase the cost beyond
the Project Costs shall not be allowed without written consent of each Partner. Cottage Grove
will use ordinary and prudent efforts to ensure that the HERO Center is constructed in
compliance with approved plans and specifications and completed with all reasonable
promptness in accordance with the construction contracts and schedule adopted pursuant
thereto. During construction, Woodbury representatives will be given access to the
construction site at reasonable times.
5.2 Project Costs. “Project Costs” means all costs related to the real property, construction and
equipping of the HERO Center.
5.2.1 Each Partner shall equally contribute toward the Project Costs, as identified on Exhibit
A, attached hereto. Cottage Grove shall be given a credit toward its portion of the
Project Costs for its contribution of the fair market value of the Property and public
infrastructure improvements, in the amount of $1,500,000.
5.2.2 Woodbury agrees to reimburse Cottage Grove for its portion of the Project Costs
within 30 days after receiving an invoice from Cottage Grove.
5.2.3 Neither Partner shall be allowed to withdraw from the Agreement until such Project
Costs are paid in full. In addition to Cottage Grove’s retention of the amount of
Project Costs already paid, any remaining amount to be paid by Woodbury for the
Project Costs shall be immediately due and payable if:
5.2.3.1 Woodbury terminates this Agreement prior to the Initial Term; or
5.2.3.2 Cottage Grove notifies Woodbury that it intends to terminate this Agreement
because Woodbury has failed to make a payment required by this Agreement
and within 30 days of receiving such notice, Woodbury has not paid the
amount due or notified Cottage Grove that it disputes the amount due. Failure
to notify a dispute of an amount due within 30 days waives the dispute.
5.2.4 The Parties agree that Project Costs shall not constitute an Operating Cost and all
payments made by Woodbury as part of Project Costs shall not be treated as revenue.
5.3 Operating Costs. “Operating Costs” means all expenses and costs incurred and normally
required with respect to the repair, replacement, maintenance and operation of the HERO
Center, including the equipment, improvements, sidewalks, driveways and parking lots. It
includes, but is not limited to the following:
5.3.1 Wages, salaries, benefits and related expenses of all on-site employees engaged in the
operation, management, maintenance and security of the HERO Center;
5.3.2 All supplies and materials used in the operation and maintenance of the HERO Center;
5.3.3 Cost of utilities, including, but not limited to water, sewer, heating, lighting,
electricity, air conditioning and ventilation for the HERO Center;
5.3.4 Maintenance and service agreements for the HERO Center, including the
maintenance, service and replacement of any equipment or parking lots;
5.3.5 Costs of all insurance for the HERO Center, including, but not limited to premiums,
deductibles and the costs to purchase and maintain fire, property, casualty and liability
insurance;
5.3.6 Any and all common area maintenance costs related to the public areas of the HERO
Center, including but not limited to all bathrooms, sidewalks, landscaping, driveways
and service areas;
5.3.7 All taxes, special assessments or similar charges, ordinance and extraordinary,
foreseen and unforeseen of any kind which are assessed, levied, charged, confirmed
or imposed by any public authority upon the HERO Center, its operation or on the
Property;
5.3.8 Capital expenditures, including, but not limited to, the cost to maintain, repair or
replace all structural components of the HERO Center, fixtures, equipment and site
improvements on the Property.
5.3.9 Woodbury agrees to reimburse Cottage Grove for its portion of the Operating Costs
within 30 days after receiving an invoice from Cottage Grove.
th
5.4 Annual Budget. On or before June 30 of each year, the Facility Operations Committee shall
approve and submit an annual operating budget (“Operating Budget”) to each City
Administrator for the estimated revenue and Operating Costs for the HERO Center for the
upcoming calendar year.
5.5 For the 2018 and 2019 Operating Budgets, each Partner’s share of the Operating Costs shall
be determined by dividing the authorized number of full time sworn peace officers as of April
30, 2018, by the total number of authorized full time sworn peace officers of both Parties to
fix the percentage share (“Percentage Share”) of each Partner and then multiplying the
Percentage Share times the Operating Costs, as identified in the Operating Budget.
5.6 To determine the 2020 Operating Budget, each Partner’s share of the Operating Costs shall
be determined by dividing the authorized number of full time sworn peace officers as of April
th
30, 2019. For each year thereafter, each Partner’s share of the Operating Costs shall be
determined by dividing the authorized number of full time sworn peace officers as of April
th
30 of the previous year.
5.7 Any revenues derived from the operations and management of the HERO Center shall be
retained within the HERO Operating Fund.
5.8 In carrying out their respective obligations under this Agreement, each Partner shall be
responsible for payment to their own employees. Employees carrying out such obligations
shall remain employees of their respective Partner and all such employees shall remain
under the direction and control of their employer.
5.9 Unanticipated Expenses. “Unanticipated Expenses” are expenditures that are not included in
the Operating Budget but are necessary for the continued operation of the HERO Center. The
Facility Operations Committee shall attempt to meet and determine the necessity of approving
and incurring an Unanticipated Expense. If such meeting is not possible in a timely manner
and approval of the Unanticipated Expense is considered critical and time-sensitive Cottage
Grove shall have sole discretion in approving and incurring an Unanticipated Expense. Each
Partner agrees to pay its Percentage Share of all Unanticipated Expenses approved
prospectively or retroactively by the Facility Operations Committee. Cottage Grove will
invoice Woodbury for its portion of the approved Unanticipated Expenses and payment will
be due within 30 days after receiving an invoice from Cottage Grove.
ARTICLE VI
INDEMNIFICATION
Each Partner to this Agreement shall be liable for its own acts, the acts of its officers, employees and
agents and the results thereof to the extent authorized bylaw and shall not be responsible for the acts
of the other Partner, its officers, employees or agents. For purposes of determining total liability for
damages, both Parties are considered a single governmental unit and the total liability for the Parties
shall not exceed the limits on governmental liability for a single governmental unit as specified in
Minnesota Statutes, Section 466.06 subd. 1. Each Partner hereby agrees to indemnify, hold harmless
and defend the other, its officers, employees and agents against any and all liability, loss, costs,
damages, expenses, claims or actions, including attorney’s fees which the other, its officers,
employees or agents may hereafter sustain, incur or be required to pay, arising out of or by reason of
any act or omission of the Partner, its officers, employees or agents, in the execution, performance,
or failure to adequately perform its obligations pursuant to this Agreement. Minnesota Statutes
Chapter 466 will govern each Partner’s liability. Any excess or uninsured liability shall be borne
equally by all the Parties, but this does not include the liability of any individual officer, employee,
or agent which arises from his or her own malfeasance, willful neglect of duty, or bad faith.
ARTICLE VII
THIRD-PARTY CLAIMS
7.1 “Claims” as used in this paragraph, means all third-party claims, losses, damages and
expenses, including attorney’s fees, resulting from personal injury, death, violation of civil
rights, and/or property damage.
7.2 The Parties agree that one attorney may represent both Parties in any third-party claims
brought against both Parties, even though there may be a dispute regarding the share of
liability for each of the Parties.
ARTICLE VIII
DISPUTE RESOLUTION
In the event the Parties are unable to reach agreement regarding interpretation of the rights and
obligations of the Parties under this Agreement, the Parties shall submit to non-binding mediation
prior to the initiation of litigation. The mediator shall be a disinterested third party with
professional training in alternative dispute resolution who is mutually agreeable to the Parties.
Mediation shall commence within 15 days after receipt of notice of the dispute, unless otherwise
agreed to by the Parties.
ARTICLE IX
INSURANCE
9.1 The Parties agree that in order to protect themselves under the terms of this Agreement,
including the indemnity provisions set forth above, Cottage Grove shall procure and maintain
policies of insurance covering the term(s) of this Agreement. Such policies of insurance shall
apply to the extent of, but not as a limitation upon or in satisfaction of, the indemnity
provisions herein. The costs of such insurance shall be considered an Operating Cost
9.2 During the term(s) of this Agreement, if the HERO Center is damaged by an insured event,
the proceeds from the insurance will be used to restore the HERO Center, unless otherwise
agreed to by the Parties.
9.3 In the event of termination of this Agreement, the Parties agree that Cottage Grove shall
purchase tail coverage for up to seven (7) years beyond the date of termination, the costs of
which shall be paid according to its Percentage Share of the Operating Costs.
ARTICLE X
WITHDRAWAL AND TERMINATION
10.1 Neither Partner shall be allowed to withdraw from this Agreement during the Initial Term.
Following the Initial Term, either Partner may withdraw from ownership of the HERO Center
by sending a written notice of withdrawal at least one year in advance to the authorized
representative of the other Partner.
10.2 If Woodbury withdraws, it shall allow Cottage Grove the opportunity to assume full
ownership of the HERO Center for nominal compensation agreed to by the Parties. Cottage
Grove shall notify Woodbury during the one-year notice period of its intent to accept or reject
full ownership of the HERO Center. If Cottage Grove chooses not to assume full ownership
of the HERO Center, Woodbury shall follow the procedures set forth in Section 3.11 of the
MMB Grant Agreement and sell its portion of the HERO Center for fair market value.
Proceeds from the sale shall be disbursed pursuant to Article IV of the MMB Grant
Agreement. Any remaining proceeds after full disbursement pursuant to Article IV of the
MMB Grant Agreement may be retained by Woodbury.
10.3 If Cottage Grove withdraws, it shall allow Woodbury the opportunity to assume full
ownership of the HERO Center for nominal compensation agreed to by the Parties, and
Woodbury shall lease the Property from Cottage Grove for $1 per year, as long as Woodbury
continues to operate the HERO Center under the same terms and conditions that comply with
the MMB Grant Agreement. Woodbury shall notify Cottage Grove during the one-year notice
period of its intent to accept or reject full ownership of the HERO Center. If Woodbury
chooses not to assume full ownership of the HERO Center, Cottage Grove shall follow the
procedures set forth in Article IV of the MMB Grant Agreement and sell its portion of the
HERO Center for fair market value. Proceeds from the sale shall be disbursed pursuant to
Article IV of the MMB Grant Agreement. Any remaining proceeds after full disbursement
pursuant to Article IV of the MMB Grant Agreement may be retained by Cottage Grove.
10.4 If both Parties desire to dissolve the HERO Center, then the Parties shall follow the procedures
set forth in Section 3.11 of the MMB Grant Agreement to sell the HERO Center for fair market
value. The proceeds from the sale shall be disbursed pursuant to Article IV of the MMB Grant
Agreement. Any remaining proceeds after full disbursement is made in order to comply with
Article IV of the MMB Grant Agreement shall be disbursed to each Partner according to the
equity formula agreed to by the Parties.
10.5 The Partner withdrawing from the HERO center under this Article shall send a written notice
of withdrawal to the authorized representative specifying the effective date of withdrawal and
containing a copy of the other Partner’s action approving its withdrawal. A Partner’s
withdrawal shall be effective on the last day of the fiscal year that the Partner sends its notice
of withdrawal, unless it specifies a later date in its notice. A notice of withdrawal may be
rescinded at any time by a Partner prior to the effective date of the withdrawal.
10.6 Any withdrawing Partner shall be responsible for its proportionate share of outstanding
Operating Costs of the HERO Center through the end of the calendar year in which it gives
notice of intent to withdraw, including continuing liability coverage for the acts of the Partner
during the Agreement.
10.7 A withdrawing Partner shall not be relieved of responsibility for any foreseen or unforeseen
liabilities that may have accrued while it was a Partner, including, but not limited to the cost
of clean-up of any hazardous substance from the HERO Center or the Property upon which it
is located.
10.8 A withdrawing Partner shall have no claim to any assets of the HERO Center, including but
not limited to movable and non-movable fixtures, infrastructure, or equipment, fees, revenues
or rents collected.
10.9 The Partner that withdraws pursuant to this Article shall cooperate with the other Partner and
shall use its best efforts to achieve an orderly and efficient transfer of ownership.
ARTICLE XI
FORCE MAJEURE
Neither Partner shall be held responsible for delay or failure to perform when such delay or failure is
due to any of the following unless the act or occurrence could have been foreseen and reasonable
action could have been taken to prevent the delay or failure: fire, flood, epidemic, strikes, wars, acts
of God, unusually severe weather, acts of public authorities, or delays or defaults caused by public
carriers; provided the defaulting Partner gives notice as soon as possible to the other Partner of the
inability to perform.
ARTICLE XII
DEFAULT AND TERMINATION
12.1 The following shall constitute events of default:
12.1.1 Any payment required by this Agreement remains unpaid for 30 days after written
notice; or
12.1.2 Failure to comply with any terms and conditions of this Agreement, which failure
continues for 30 days after written notice.
12.2 Upon the occurrence of any of the events of default, a non-defaulting Partner may elect to
exercise any of the following remedies at law or in equity, the exercise of one remedy not
precluding the exercise of any other available remedy:
12.2.1 Termination of the Agreement and recovery of damages, including, but not limited to
paying or refunding of unpaid portions of Operating Costs pursuant to the Facility
Operations Plan, paying or refunding any Project Costs or any paying or refunding
other sum of money as may be determined fair and equitable by the court having
jurisdiction over the matter.
12.2.2 If the default cannot be cured by the expenditure of money, then specific performance
may be required by a court of law.
12.3 Either Partner may terminate this Agreement upon the expiration of the Initial Term by
providing the other Partner written notice at least one year in advance of the termination date.
Upon termination of this Agreement, neither Partner shall have any further obligation
hereunder to the other Partner, other than outstanding Project Costs, Operating Costs or
ongoing indemnification or liability and its Percentage Share of an actual deficit for the year
preceding the effective date of termination.
ARTICLE XIII
AUTHORIZED REPRESENTATIVES
The following named persons are designated the Authorized Representatives of the Parties for
purposes of this Agreement. These persons have authority to bind the Partner they represent and to
consent to modifications and subcontracts, except that, as to the Parties, the authorized representative
shall have only the authority specifically or generally granted by the respective city councils.
Notification required to be provided pursuant to this Agreement must be provided to the following
named persons and addresses unless otherwise stated in this Agreement, or in a modification of this
Agreement.
Cottage Grove: Cottage Grove City Administrator
12800 Ravine Parkway
Cottage Grove, MN 55016
Woodbury: Woodbury City Administrator
8301 Valley Creek Road
Woodbury, MN 55125
ARTICLE XIV
NOTICES
All notices and demands by either Partner to the other, must be in writing and must be made by
personal service or certified mail (postage prepaid and return receipt requested). Notice must be given
to each Partner’s Authorized Representative.
ARTICLE XV
GENERAL PROVISIONS
15.1 Modification of this Agreement. Unless otherwise specified in this Agreement, any
alterations, variations, modifications, or waivers of the provisions of this Agreement shall
only be valid when they have been reduced to writing and approved by the city councils of
Cottage Grove and Woodbury, or their respective designees.
15.2 Assignment. Neither Partner may assign its rights or obligations under this Agreement without
the prior written consent of the other Partner.
15.3 Compliance with Laws/Standards. The Parties shall abide by all Federal, State or local laws,
statutes, ordinances, rules and regulations now in effect or hereafter adopted pertaining to this
Agreement or to the facilities, programs and staff for which they are responsible.
15.4 Minnesota Law to Govern. This Agreement shall be governed by and construed in accordance
with the substantive and procedural laws of the State of Minnesota, without giving effect to
the principles of conflict of laws. All proceedings related to this Agreement shall be venued
in Washington County District Court.
15.5 Waiver. Waiver of any default shall not be deemed to be a waiver of any subsequent default.
Waiver of breach of any provision of this Agreement shall not be construed to be modification
for the terms of this Agreement unless stated to be such in writing and signed by authorized
representatives of each Partner.
15.6 Severability. The provisions of this Agreement shall be deemed severable. If any part of this
Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the
validity and enforceability of the remainder of this Agreement unless the part or parts which
are void, invalid or otherwise unenforceable shall substantially impair the value of the entire
Agreement with respect to either Partner.
15.7 Time is of the Essence. Failure by a Partner to perform its obligations in a timely manner may
be considered by the other Partner as a material breach.
15.8 MMB Grant Agreement Prevails. The Parties acknowledge the existence of the MMB Grant
Agreement, which imposes further conditions and restrictions upon the construction, use and
operation of the HERO Center, and agree that the terms and conditions of the MMB Grant
Agreement shall prevail over any inconsistent terms in this Agreement. Special provisions
include, but are not limited to the following:
15.8.1 The Parties agree, upon direction from the Commissioner of Minnesota Management
and Budget (“Commissioner”), to take such actions and furnish such documents as
the Commissioner deems necessary to ensure that the interest to be paid on the G.O.
Bonds is exempt from federal taxation.
15.8.2 Woodbury and Cottage Grove agree not to create or allow, without the prior written
consent of the State of Minnesota and the Commissioner, any voluntary lien or
encumbrance or involuntary lien or encumbrance that can be satisfied by the
payment of monies and which is not being actively contested against the HERO
Center property or the HERO Center, the City’s ownership interest in the HERO
Center Property or the HERO Center or the City’s shared interest in this
Agreement, whether such lien or encumbrance is superior or subordinate to the
Declaration. Provided, however, the State and the Commissioner will consent, in
writing, to any such lien or encumbrance that secures the repayment of a loan the
repayment of which will not impair or burden the funds needed to operate the
portion of the HERO Center Property and the HERO Center that is the subject of
this Agreement in the manner specified in MMB Grant Agreement Section 2.04
and for which the entire amount is used (i) to acquire additional real estate that is
needed to so operate the HERO Center Property and the HERO Center in
accordance with the requirements imposed under MMB Grant Agreement Section
2.04 and will be included in and as part of the City’s ownership interest in the
HERO Center Property and the HERO Center, and/or (ii) to pay for capital
improvements that are needed to so operate the HERO Center Property and the
HERO Center in accordance with the requirements imposed under MMB Grant
Agreement Section 2.04.
15.9 The Recitals are incorporated herein and made part of this Agreement.
15.10 The Memorandum of Understanding entered into on April 28, 2016 is hereby terminated upon
the Effective Date of this Agreement.
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
by their duly authorized representatives as of the day and year first above written.
CITY OF COTTAGE GROVE
By:
Myron Bailey
Mayor
By:
Joseph Fischbach
City Clerk
Dated:
CITY OF WOODBURY
By:
Mary Giuliani Stephens
Mayor
By:
Clinton P. Gridley
City Administrator
Dated:
HERO CENTER
Project budget
Funding sources:Budget w/o landLand Costs MMB Woodbury Cottage Grove
MMB 8,750,000 750,000 750,000750K to CG
City of Woodbury 4,375,000 375,000 375,000375K to CG
City of Cottage Grove 4,375,000 375,000 375,000
17,500,000 1,500,000 750,000 375,000 375,000
Other funding sources:
SWWD grant 152,000
SWCTC Virtual training funding 577,000
729,000
Total Funding Sources 18,229,000 City Contributions: Woodbury Cottage Grove
Funding uses:Budget w/o land 4,375,000 4,375,000
EXHIBIT A
Land - Land Costs 375,000 375,000
Construction 17,483,750 Land Reimb from MMB (750,000)
1% for the arts 175,000Land Reimb from Woodbury (375,000)
Fees - Park dedication 48,000CG Portion of Land already paid for (375,000)
SAC 37,250
PROJECT COSTS
construction testing 50,000Respective Bond Issuance Amount 4,750,000 3,250,000
low voltage-card access 50,000
office furniture - procure/install 22,000
conference room etc. - procure/install 12,000
training furniture - procure/install 65,000
lobby furniture 15,000
workbenches 2,000
Simulator - procure/install 200,000
3rd party commissioning 39,000
building envelope & curtainwall testing 10,000
Contingency 20,000
Total Funding Uses 18,229,000
Other project costs incurred not included in funding:
legal & title - DCA 2,284
BRKW appraisal 2,200
legal - Cottage Grove 1,738
survey work 31,851
lobbyist 40,000
interact group 20,000
98,073