98-590_
Council Fi1e # � S ��
Green Sheet # ����
ORiGINAL
Presented By
Referred to
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
�lp
Committee: Date
1 WHEREAS, the State of Minnesota has created a Youth
2 Initiative Capital Grant Program pursuant to 1996 Laws of
3 Minnesota, Chapter 463, Section 4, to make available State Bond
4 funding for parks and recreation buildings to provide youth
5 enrichment activities during non-school hours, and
6 WHEREAS, the Saint Paul City Council by its Resolution 97-
7 1576 has approved a Youth Initiative Grant-financed projeCt for
8 Dayton�s Bluff Recreation Center, and
9 WHEREAS, said grant funds will be received by the City via a
10 grant agreement with the State of Minnesota Department of
11 Children, Families and Learning, upon completion of the project,
12 NOW THEREFORE BE IT RESOLVED, that the Mayor and the proper
13 City officials are hereby authorized to execute an agreement with
14 the State of Minnesota Department of Children, Families and
15 Learning for the Dayton's Bluff Recreation Center Youth
16 Initiative Program Grant, and
17
18
19
20
21
22
23
FURTHER RESOLVED, that the City of Saint Paul agrees to
comply with the requirements of Minnesota Statute 16A.695
regarding State Bond financed property and agrees to place a deed
restriction on the Dayton's Bluff Recreation Center property such
�hat said property cannot be sold or otherwise disposed of
without the written approval of the Minnesota Commissioner of
Finance, and
24 FURTHER RESOLVED, that the City of Saint Paul agrees to
25 operate the Dayton's Bluff Recreation Center program funded by
26 this grant (Theater, AerobiCS/Dance Room, Computer Room, Teaching
27 Kitchen) throughout its ownership of the Recreation Center or
28 until there is no longer a public need for said program.
°I� - s �tD
ORIGiNAL
Adopted by Council: Date���
� � ,
Adop ion Certified by Council Secretary
By
Approved M Dat :
BY= �
Requested by:
Div' 'on o£ ks and Recreation �
BY : �c�(p.c�
Form Approved by City Attorney
B Y = �� (//r(�i�' �—iv�
DEPARTMENT/OFFICE/COUNCIL DATE INITIATED �� f ��� ✓
GREEN SHEET � � � NO. 62827
Parks and Recreation ,1une 15, 7998
COMACTPERSONANOPHONE INRIPL(DATE LNRIALlOATE
John Wirka 266-6411 � � DEPARTMENTDIRECTOH 4 CITYCOUNCIL
pss�H
NUMBEN FO Z CIiY ATTOFNEY 5 CffY CLERK
MUST BE ON COUNQL AGENDA BV (DATEI `
OflDER FINANGIALSERVICESDIR. FINANCIALSERV/ACCTG
July 1 � � 9SS 3 MAYOR IOR ASSISTANn r� F) PARKS AND f1ECREATION
TOTAL#Of51GNATUfiEPAGES � (CLIPALLLACAl10N5PoR51GNA1UF4l
ACTION REQUESTED:
Approval of City Council Resolution authorizing execution of and agreement with the provisions of State of Minnesota
Youth lnitiative Program Grant Agreement for Dayton's Bluff Recreation Center.
RECOMMENDATIONS: Approve�A�otftejettlR) PEft50NALSERVI�CONTMCT5MU5TANSWERTFIEFOLLOWPIGQUESilONS:
_PLANNING COMMISSION CIVIL SERVICE COMMISSION �, Has this person�rm ever worked under a contract for t�is tlepartmeM?
CfBCOM4AITTEE A CF-97-1576 YES NO
A STAFF 2. Has this persoNtirm ever been a ciry employee>
VES NO
DISTRICT COUNQL
— ^ 3. Does this persoNfirm possess a skill not rormally possessed by any current city employee?
SUPPORTS WHICH COUNQL OBJECTIVE? YES NO
Explain all yes answen on separate aheet and attach to green sheet.
INITIATING PftOBLEM, ISSUE, OPPORTUNITY IWho, What, When, Where, Why1:
Resolution is necessary to accept grant agreement and to confirm city's compliance with certai� provisions of the grent.
ADVANTAGESIFAPPROVED:
Grant agreement can be executed, funds will be available for reimbursement of construction costs upon completion of
project. �
i[ 2�
�vL# E i�d v��`
DISADVANTAGES IFAPPROVED: ��� � � ���� ���� �,
None
s��iYt1�3'S Q��ICc�
_ ��"���"���
. �.
DISADVANTAGESIPNOTAPPROVED: p�� �� ��
iJ
Grant agreement cannot be executed. ���� ,
A � i .. ��
h � " ,ti °e
s4a s�as,"d,.e�'s�
TOTAL AMOUNT OF TRANSACTION S 1.150, 575.00 COST/REVENUE BU�GEfED (CIHCLE DNEI � NO
wrvoixcsoursce MN State Bonds NCTNRYNIlMBER C97-3D011
FINANCIAL INFOAMAiION: IEXPL4IN)
MINNESOTA
DEPARTMENT OF
Child� n
Families ��
Lea�ning
May 1, 1998
Chuck Armstrong `
City of St. Paul ;
390 City Hall
15 West Kellogg Blvd.
St. Paul, MN 55102
Deaz Mr. Armstrong:
CAPISOL SOUARE
550 CEDAR STREET
SAINT PAUL, MN 55101-22]3
r �
V
R�GEIY��
MAY 5 1998
�r1r�Y0�'S O�FfC�
(612) 296�6IOd
TTY 1672� 297-2094 �(+fl
ht1p://<fl. state. mn.us
i
REGEIVED
MAY 6 1998
DIV. OF PARKS
& RECREATION
The Dayton's Bluff Community Recreation Center, Xouth Initiative Capitai Grant
contract is enclosed and ready for signatures.
The city must sign on page 23 of the contract. Please sign and return a115 (five) copies.
Attachment A(the Declazation) must be completed and signed by the city. This form is
used to declaze that the city has placed a deed restriction on the properiy indicating that
the property is now bond financed property within the meaning of MN. Stat. Section
16A.695. Attachment B is the legal description of the property. It needs to be
completed. Attachment C is the city council resolution authorizing a responsible party in
the city to sign the contract. This wiil have to be resolved at a council meeting.
Attachment D is a copy of your application.
The Department of Finance requires that the city resolve to operate the program funded
b;r this grant throughout the ownership of the building, or until there is no longer a public
need for this program. I have included sample language for this resolution. Please get
council action on this and retum the resolution so that I can place it in the fi1e.
You wz11 receive a fully executed contract when all the signatures aze affixed.
If you have any question about this, please call me at 612/297-4832.
Sincerely,
�� �G�1."�-�C�Y'-s
Nancy Valento
Graiiis Coordinator
Dio�ision of ManaQement Assistance
a�-s� o
Sample resolution by the govemin� boazd of the Grantee
The official boazd of the local unit of govemment (city council, school board, board of
county commissioners, etc.) must pass a resolution stating that the grantee will operate
the program funded by this grant throu�hout the ownership of the building or until there
is no lon�er a public need for this program. A majority of the members of the official
board must vote affirmatively for the resolution.
If the local unit of govemment determines that there is no lon�er a need for this program,
a public meetin� must be held to provide opporunity for the public to give advice to the
.�
local unit of govemment on whether or not to discontinue the program.
�
q� s�n
C i��
96_ 500 E35 1535 518
FY Fund A�ency Orgn. Appr. Rept. Catg. IJFARS Code
//�CJ, �7:s.r7J ���0
Amount Object
TYPE OF TRANSACTION
Requisition
Purchase Order
184 544 000 -00
Vendor Number �
v��� �a� .��
Date Number Entered By
Date Number Signamre
(Individual si�ing certifies funds have been encumbered as
required by M.S. 16A.15)
GRANT AGREEMENT
END GRANT
for the
Daytods Bluff Community Recreation Center
PROJECT
TffiS AGREEMENT shall be effective as of the 4th day of Mazch, 1998, and is made and entered into by
and between the City of St. Paul through its Pazks and Recreation Deparhnent , a Charter City, (hereinafter referred
to as the "Public Entity"), and the State of Minnesota, acting ttuough iu Commissioner of Children, Families, and
Learning (hereinafrer referred to as the "State Entity").
WHEREAS, under the provisions coniained in Minnesota Statutes 47115, the Public Entity has been given
the authoriry to consh�uct and operate recreational facilities; and
WHEREAS, under the provisions contained in Minnesota Laws 1996, Chapter 463, Section 4, subdivision
2, as amended by Minnesota Laws 1997, Chapter 162, Article 2, Section 27, particulazly clause b, the State of
Minnesota has allocated One MIliion, One Hundred Fifty Thousand, Five Hundred and Seventy-Five Dollars
($1,150,575.00), which is to be given to the Public Entity as a grant to assist it in the conshuction of the
recreational faciliry as authorized by Minnesota Statutes 471.15; and
WHEREAS, the monies allocated to fund the grant to the Public Entity aze the proceeds of state general
obligation bonds authorized to be issued under Article XI, § 5(a) of the Minnesota Constitution; and
Generic GO Grant Agreement for End Grants 1 Ver - 2/2/98
.- (Gnrc GO Gmt Agrmnt-End Ln)
q � S9a
WHEREAS, the Public Entiry and the State Entity desire to set forth herein the provisions relatin� to the
�ranting of such monies and the disbursement thereof to the Public Entity.
NOW, THEREFORE, in consideration of the grant described herein, the parties herero do hereby asree as
follows:
Article I
DEFI��tITIONS
Section 1.01 Defined Terms. As used in this A�eement, the following terms shall have the meanin�s
set out respectively after each such tean (such meanings to be equally applicable to both the singulaz and plural
forms of the terms defined), unless the contents hereof specifically indicate otherwise:
A. "Agreement" - means this Grant A�eement for the Dayton's Bluff Communiry Recreation Centec
Project.
;
.:
B. "Commissioner's Order" - means that certain "Order Amending Order of the Commissioner of
Finance Relating to Use and Sale of State Bond Financed Property" executed by the Finance Commissioner
on July 20, 1995.
C. "Declazation" - means a decfazation in substantially the sazne form as Attachment A attached
hereto, indicating that the Public Entity's interest in the Real Property and, if applicable, the Facility aze bond
£manced property within the meaning of the G.O. Compliance Legislation, and is subject to certain
restrictions imposed thereby.
D. "Event of Default" - means those evenu delineated in Section 2.05 hereinbelow.
E. "Facility" - means, if applicable, the Dayton's Bluff Community Recreation Center, which is
�
located, or will be consh'ucted and located, on the Real Property.
F. "Fair Mazket Value" - means; (i) the price that would be paid by a willing and qualified buyer to a
willing and qualified seller as determined by an appraisal which assumes that any and all mortgage liens or
encumbrances on the property being sold, which negatively effect the value of such property, will be
released, or (ii) the price bid by a purchaser under a public bid procedure after reasonable public notice, with
the proviso that any and all mortgage liens or encumbrances on the property being sold, which negatively
effect the value of such property, will be released at the time of acquisition by such purchaser.
G. "Finance Commissioner" - means the State of Minnesota acting through its Commissioner of
Finance, and any designated representatives thereof.
H. "G.O. Compliance Legislation" - means Minn. Stat. § 16A.695 (1996), as such may subsequently
be aznended, modified or replaced.
I. "G.O. Bonds" - means the sr:ue general ohligation honds, issued under the authority granted in
Article XI, § 5(a) of the Minnesota Constiturion, the proceeds of which aze used to fund the Grant, or any
bonds issued to refund or replace such bonds.
Generic GO Grant Agreement for End Grants
2
Ver - 2/2/98
(Gnrc GO Gmt Agrmnt-End Ln)
q�-s�o
J. "Grant" - means a �rant of monies from the State Entity to the Public Entiry in an amount of
One Million, One Hundred Fifty Thousand, Five Hundred and Seventy-Five Dotlazs (�1,150,575).
K. "IRS Code" - means the Internal Revenue Code of 1986, as aznended from time to time, and all
treasury re�ulations, revenue procedures and revenue rulings issued pursuant ihereto.
L. "Project" - means the acquisition of an interest in and, if applicable, the improvement of the Real
Properry, and, if applicable, the acquisition, improvement, renovation, rehabilitation, and/or new construction
of the Facility, all as specified in Section 2.02 hereinbelow.
M. "Public Entity" - means City of St. Paul, a Charter City.
N. "Real Proper[y" - means that certain real property located in the County of Ramsey, State of Minnesota, legally descri
O. "State Entity" - means ffie State of Minnesota, acting through its Commissioner of Children,
Families, and Leaming.
P. "Use Contract" - means a lease, management contract or other similaz conuact between Public
Entity and any other entiry, and which involves or relates to the Real Property and, if applicable, the Facility.
Q. "Usee" - means the entity which the Public EntiTy contracts with under a Use Contract.
Article II
GRANT
Section 2.01 Grant of Monies. The State Entity shall issue the Grant to the Public Entity, the proceeds
of which shall be disbursed in accordance with the provisions contained hereinbelow. The parties hereto do agree
and acknowledge that the Grant is not intended to 6e a loan of monies in any form or manner.
Section 2.02 Use of Grant Proceeds. The Public Entity shall use the proceeds of the Grant to;
(Check all appropriate boxes.)
� Acquire £ee simple title to the Real Property;
� Acquue a leasehold interest in the Real Property;
� Acquire an easement on the Real Property;
� Improve the Real Property,
� Acquire the Facility,
X❑ Improve the Facility,
� Renovate or rehabilitate the Facility,
I�I
❑�
Newly Conshvct the Facility,
Generic GO Grant Agreement for End Granu
3
Ver - 2/2/98
(Gnrc GO Gmt Agrmnt-End Ln)
ak'Sq�
in such a manner as will allow the Real Property and, if appficable, the Facitity to be operated in the manner
specified in Section 2.03 hereinbelow.
Section 2.03 Operation of the Real Property and the Facility. The Public Entity sha11 operate the Real
Property and, if applicable, the Facility, or cause it to be operated, as the Daytods Bluff Community Recreation
Center, in the manner specified in the Public Entiry's proposal for the �ant as contained in Attachment D, as the
same may from time to time be amended or modified with the consent of all of the parties hereto or for such othe�
use as the legislature may from time to time designate, and may enter into Use Contracts with Usees to so operate
the Real Properiy and, if applicable, the Facility; provided that such conuacu have been approved, in writing, by the
State Entity and the Finance Commissionec The Public Entity shall also annually determine that the Real Property
and, if applicable, the Facility aze being so used, and shall supply a statement, sworn to before a notary public, to
such effect to both the State Entity and the Finance Commissioner.
With respect to any pro�am which will be operated in the Real Property and, if applicable, the Facility, the
Public Entity covenants with, and represents and wazrants to, ffie State Entity that (i) it has the ability and a plan to
fund the program which will be operated on the Rea] Property and, if applicable, in the Facility, (ii) it demonstrated
such ability and supplied such p(an to the State Entiry prior to the execution of this Agreement, and (iii) it will not
enter into a Use Contract with a Usee unless such Usee has demonstrated to the State Entity that it has the abiliry
and a plan to fund the program which Usee intends on operating on the Real Property and, if applicable, in the
Facility.
Section 2.04 Public Entity Representations and Warranties. The Public Entity further covenants
with, and represenu and warrants to the State Entity as follows:
A. It has legal authority to enter into, execute and deliver this Agreement and the Declaration, and it
has taken all actions necessary and incident to its execution and delivery of such documents.
B. This Agreement, the Declazation, and any and all other documents referred to herein aze the legal,
valid and binding obligations of the Public Entity enforceable against the Public Entity in accordance with
their respective ternts.
C. It will comply with all of the terms, conditions, provisions, covenants, requiremenu, and/or
warranties contained in this Ageement, the Declazation, the G.O. Compliance Leaislation, and the
Commissioner's Order.
D. It has made no material false statement, or misstatement of fact, in connection with iu receipt of
the Grant, and all of the information it previously submitted to the State Entity, or which it will submit to the
State Enrity in the future, relating to the Grant or the disbursement of any of the proceeds of the Grant, is and
will be true and correct. �
E. It is not in violation of any provisions of its charter, or of the laws of the State of Minnesota, and
there aze no actions, suits, or proceedings pending, or to iu knowledge threatened, before or by any judicial
body or govemmental authority, against or effecting it relating to the Real Property and, if applicable, the
Generic GO Grant Agreement for End Grants 4 Ver - 2/2/98
. (Gnrc GO Gmt Agrmnt-End Ln)
a°
Rr
Facility, and it is not in default with respect to any order, writ, injunction, decree, or demand of any court or
any governmental authoriry which wouid impair iu ability to enter into this A�reement and the Declaration,
or to perform any of the acts required of it in this A�reement and the Declazation.
F. Neither the execution and delivery of this A�reement or the Declaration, nor compliance with any
of the terms, conditions, requ'uemenu, or provisions contained herein, is prevented 6y, is a breach of, or wi11
result in a breach of, any term, condition, or provision of any a�reement or document to which it is now a
party, or by which it is bound.
G. It will use the proceeds of the Grant only for the followin� purpose(s):
(Check all appropriate boxes.)
� Acquisiuon of fee simple title to the Real Properry;
� Acquisition of a leasehold interest in the Reai Properry;
� Acquisition of an easement on the Real Property;
I�J
I�I
Improvement of the Real Property,
Acquisition of the Facility,
�X Improvement of the Facility,
� Renovation or rehabilitation the Facility,
� New Construction the Facility,
❑
AIl of such has been, or will be, done in such a manner as will allow the Real Property and, if applicable, che
Facility to be operated in the manner specified in Section 2.03 hereinabove.
H. The contemplated use of the Real Property and, if applicable, the Facitiry will not violate any
applicable zoning or use statute, ordinance, building code, rule or regulation, or any covenant or agreement
of record, relating thereto.
I. The Pro}ect was, or will be, performed and c�mpleted in compliance with all applicable laws,
statutes, tules, ordinances, and regulations issued by any federal, state, or local political subdivisions havin�
jurisdiction over the Project.
J. Ail applicable licenses, permits and bonds required for the performance and completion of the
Project were, or will be, obtained.
K. It will operate, maintain, and manage the Real Property and, if apptica6le, the Facility in
compliance with all applicable laws, statutes, rules, or-'_-inances, and regulations issued by any federal, state,
or loca] polirical subdivisions having jurisdiction over the Real Property and, if applicable, the Faciliry.
Generic GO Grant Agreement for End Grants
Ver - 2/2/98
(Gnrc GO Gm[ Agrmnt-End Ln)
a�r s� °
L. It has the following interest in the Real Property and, if applicable, the Facility, and, in addition,
will possesses any and all easemenu necessary for the operation, maintenance and management of the Real
Property and, if applicable, the Facility in the manner specified in Section 2.03 hereinabove:
(Check the appropriate box.)
I�I
�
�■�
Fee simple title to the Real Property, and if applicable, the Facility;
lona as the expected useful life of the structures and improvements which make up the
Facility, and, if applicable, fee simple title to the Facility; or
A lease on the Rea11'roperry for a term which, if applicabie, is at least as
An easement on the Real Property and, if applicable, fee simple title to the
Facility;
and such interest shall be subject only to those easements, covenants, conditions and restrictions that will not
materially interfere with the Ptoject and the intended operation and use of the Real Properry and, if
applicable, the Faciliry, or those easements, covenanu, condiUOns and restrictions which are specifically
consented to, in writing, by the State Entity.
M. It will fully enforce the terms and conditions contained in any Use Contracts to which it is a party.
N. It will fully comply with the matching funds requirement, if any, contained in Section 5.21
hereinbelow.
O. It will use the proceeds of any insurance policies on the Facility in accordance with the provisions
contained in Section 5.01 hereinbelow.
P. It will use the proceeds of any condemnation of the Real Property and, if applicable, the Facility
in accordance with the provisions contained in Section 5.02 hereinbelow.
Q. It shall furnish such satisfactory evidence regazding the representations and warranties described
herein as may be required and requested in writing by either the State Entity or the Finance Commissioner.
Section 2.05 Event(s) of Default. Any of the following shall, upon either the State Entity or the
Finance Commissioner giving the Public Entiry thirty (30) days notice thereof, and Public Entity's failure ro cure
during such time period, constitute an Event of Default under this Agreement.
A. If, without the written consent of both the State Entity and the Finance Commissioner, any part of
the Real Property and, if applicable, the Facility ceases to be used as Dayton's Bluff Community Recreation
Center.
B. If, without the written consent of boffi the State Entity and the Fi,)ance Commissioner, the Public
Entity sells, transfers, leases, encumbers, or othenvise conveys, in any way or manner, whether voluntary,
involuntary, or by action of law, all or any part of its interest in the Real Property and, if applicabie, the
Generic GO Grant Agreemen[ for End Grancs
Ver - 2/2/98
(Gnrc GO Gmt AgrmnFEnd Ln)
�
`It-sq�
Faciliry, or amends or modifies any a�reement relatin� to such sale which had previously been so consznted
to and approved of by the Finance Commissioner.
C. If, without the written waiver of both the State Entity and the Finance Commissioner, the Public
Entiry fails to annuatly determine thaz the Reat Property and, if applicable, the Facility are bein� used as the
Dayton's Bluff Community Recreation Center as is required under Section 2.03 hereinabove.
D. If, without the written waiver of both the State Entity and the Finance Commissioner, the Public
Entity fails to annuatly suppiy the statement required under Section 2.03 hereinabove to both the State Entity
and the Finance Commissioner.
E. If, without the written waiver of both the State Entity and the Finance Commissioner, the Public
Entity fails to maintain, or cause to be maintained, fue and extended coverage insurance on the Facility in an
amount equal to the full insurab(e value thereof.
F. If, without the written waiver of both the State Entity and the Finance Commissioner, the Public
Entity fails to use the proceeds of any insurance policies on the Facility in accordance with the provisions
contained in Section 5.01 hereinbelow, or fails to cause such insurance proceeds to be so used.
G. If, without the written waiver of both the State Entity and the Finance Commissioner, the Public
Entity fails to use the proceeds of any condemnation of the Real Property and, if applicable, the Facility in
accordance with the provisions contained in Section 5.02 hereiqbelow, or fails to cause such condemnation
proceeds to be so used.
H. If the Public Entity, upon request, refuses to allow the State Entity, auditors for the State Entity,
the Legislative Auditor for the State of Minnesota, or the State Auditor for the State of Minnesota, to inspect,
audit, copy, or abstract, any and all of the Public Entiry's books, records, papers, or other documents relevant
to the Grant, or the Real Property and, if applicable, the Facility.
I. If the Public Entity refuses to allow the State Entity, after ten (10) days prior written notice, to
inspect the Real Property and, if applicable, the Facility.
J. If, without the written waiver of both the State Entity. and the Finance Commissioner the Public
Entity fails to fully enforce any term or provision contained in a Use Contract to which it is a party.
K. If the Public Entity fails to comply with the G.O. Compliance Legislation, or the Commissioner's
Order.
L. IFthe Public Entity fails to fully comply with the matching funds requirements, if any, contained
in Sec[ion 521 hereinbelow.
M. If any representation, covenant, or warranty made by the Public Entity hereunder shall prove to
have been untrue in any material respect, or materially misleading as of the time such representation,
covenant, or wazranty was made.
Generic GO Grant Agreement for End Grants
7
Ver - 2/2/98
(Gnrc GO Gmt Agrmnt-End Ln)
\'
R� S'Yo
N. If, without the written consent or waiver of both the State Entiry and the Finance Commissioner,
the Public £ntity fails to fully comply with any provision, term, condition, covenani or warranty contained in
this Agreement or the Declaration.
Section 2.06 Remedies. Upon the occurrence of an Event of Default the State Entiry or the Finance
Commissioner may exert any or all of the following remedies.
A. The State Entity may refrain from disbursing the proceeds of the Grant.
B. The Finance Commissioner, as a third party beneficiary of this Agreement, may demand that ail
of the proceeds of the Grant already disbursed to the Public Entity be returned to it, and upon such demand
the Public Entity shail retum such proceeds to the Finance Commissioner.
C. Both the State Entity and the Finance Commissioner, as a third party beneficiary of this
A�eement, may exert any additional remedies they may have in law or equity.
Section 2.07 Notification of Event of Default T'he Public Entity shall fumish to both the Sta[e Entity
and the Finance Commissioner, as soon as possible and in any event within seven (7) days afrer it has obtained
lmowledge of the occurrence of each Event of Default, or each event which with the giving of notice or lapse of
time or both would constitute an Event of Default, a statement setting forth details of each Event of Default, or
event which with the giving of notice or upon the lapse of time or both would constitute an Event of Default, and
the action which the Public Entity proposes to take with respect thereto.
Section 2.08 Termination of Grant aad Grant Agreement If the proceeds of the Grant are not fully
disbursed in accordance with the provisions contained in Article IV hereinbelow on or before 30th day of June,
2000, or such later date as the Public Entity and the State Entity may agree to in writing, then; (i) the State Entity's
obligation to disburse any remaining portion of the Grant shall terminate, and (ii) if none of the Grant has been
disbursed then this A�eement shall terminate and no longer be of any force or effect.
This Agreement shall also terminate and no longer be of any force or effect upon (i) the termination of the
Public Entity's ]easehold or easement interest in the Real Property in accordance with the tercns of such lease or
easement, or (ii) the sale of the Public Entity's interest in the Real Property and, if applicable, the Facility in
accordance with the provisions contained in Section 3.05 hereinbelow, and uansmittal of all or a portion of the
proceeds of such sale to the Finance Commissioner in compliance with the provisions contained in Section 3.06
hereinbelow. Upon such termination the State Enrity shall execute and deliver to ffie Public Entity such documents
as aze required to release the Real Property and, if applicable, the Facility, from the effect of the Declazation.
Secfion 2.09 Effect of Event of Default. If an Event of Default occurs and the Public Entity is
required to and does retum the amount specified in Section 2.06.B hereinabove to the Finance Commissioner, then
the following shall occur.
A. The Finance Commissioner shall, as soon as legally possible, use such amount to redeem the G.O.
Bonds.
Generic GO Grant Agreement for End Grants
V er - 2/2/98
(Gnrc GO Gmt Agrmnt-End Ln)
qY Sy�
B. The provisions, covenants, representations and/or warranties contained in Szctions 2.03, 2.04.G
throu�h 2.04.N, 2.OS.A, 2.OS.C, 2.OS.D, 2.O�.I, 2.05.J, 2.O�.L, 2.06.B, 3.03, 3.04, 3.OS.A, 4.01, 4.02, �.06
through 5.09, and 5.21 herein shall terminate and no lon�er be of any force or effect; provided that ail other
Sections and provisions contained in this A�reement shall survive and remain in fu11 force and effect.
C. The amount retumed by the Public Entiry shall be credited against any amount which shall be due
to the Finance Commissioner under Section 3.06 hereinbelow, and against any amount that becomes due and
payable because of any other Event of Default.
Article III
COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION
AND THE COMMISSIONER'S ORDER
Section 3.01 State Bond Financed Property. The Public Entity and the State Entity acknowledge and
agree that the Public Entity's interest in the Real Property and, if applicable, the Facility is "state bond fmanced
property", as such term is used in the G.O. Compliance Legislation and the Commissioner's Order, and, therefore,
the provisions contained in such statute and order apply to the Public Entity's interest in the Real Property and, if
applicable, the Facility and any Use Contracts relating thereto.
Section 3.02 Preservation of Tax Exempt Status. In order to preserve the tax exempt status of the
G.O. Bonds, the Public Entity agrees that during the tune period that any G.O. Bonds aze outstanding and unpaid:
A. It will not use the Real Property and, if applicable, the Facility, or use or invest any proceeds of
the Grant or any other sums treated as "bond proceeds" under § 148 of the IRS Code including "inveshnent
proceeds," "invested sinking funds," and "replacement proceeds," in such a manner as to cause the G.O.
Bonds to be classified as "azbitrage bonds" under § 148 of the IRS Code.
B. It will deposit and hold any and all proceeds of the Grant which it receives under this Agreement
into a segregated non-interest bearing account until such funds aze used for payments for the Project in
accordance with the provisions contained herein.
C. It will, upon written request, provide the Finance Commissioner an.y and all information required
to satisfy the informational requirements set forth in the IRS Code including, but not limited to, §§ 1Q3 and
148 thereof.
D. It will, upon d'uection $om the Finance Commissioner, take such actions and fiunish such
documenu as the Finance Commissioner determines to be necessary to ensure that the interest to be paid on
the G.O. Bonds is exempt from federal taration, which such action may include either; (i) compliance with
proceedings intended to classify the G.O. Bonds as a"qualified bond" within the meaning of IRC § 141(e),
(ii) chaz �ing the nature and/or terms of the Use Contract so that it complies with Revenue Procedure 93-19,
or (iii) compliance with Intemal Revenue Code provisions, regulations, or revenue procedures which amend
or supersede ffie foregoing.
Generic GO Gran[ Agreement for End GranCS 9 Ver - 2/2/98
: (Gnrc GO Gmt Agrmnt-End Ln)
9F-sqo
E. It wili not othenvise use any of the proceeds of the Grant, inctudin� eamin�s thereon, if any, or
take, or permit to or cause to be taken, any action that would adversely affect the exemption from federal
income taxation of the G.O. Bonds, nor otherwise omit, take or cause to be taken any action necessary to
maintain such tax exempt status, and if it should take, permit, omit to take, or cause to be taken, as
appropriate, any such action, it shall take all lawful actions necessary to rescind or correct such actions or
omissions, promptly upon having knowled�e thereof.
Section 3.03 Use Contracts. Each and every Use Contract which the Public Entity enters into must
comply with the following requirements:
A. It must contain a provision delineatina the statutory authority under which the Public Entiry is
enterin� into and executing the Use Contract, and must comply with the substantive and procedural
provisions of such statute.
B. It must contain a provision stating that the Use Contract is being executed and entered into in
order to carry out a specific govemmental purpose, and must delineate such governmental purpose.
C. It must be for a term, including any renewals that aze solely at the option of the Usee, that is, if
applicable, substantially less than the useful life of the structures and improvemenu which make up the
Facility, but may allow for renewals beyond the original term upon a determination by the Public Entity that
the use continues to carry out a specific govemmental purpose, and must delineate such govemmental
purpose. A term which is equal to or shorter than fifty percent (50%) of the useful life of the structures and
improvemenu which make up the Facility will meet the requirement that it be for a time period which is
substantially shorter than the useful life of the structures and improvements which make up the Facility.
D. It must contain a provision which will provide for oversigJ�t by the Public Entity. Such oversigh[
may be accomplished by way of a provision that will require the Usee to provide to the Public Entity; (i) an
initial program evaluation report, and (ii) a program budget, at least annually, showing forecast program
revenues and expenses for the next fiscal yeaz.
E. It must allow for termination by the Public Entiry in the event of a default thereunder by the Usee,
or in the event that the govemmental purpose delineated in the Use Connact is terminated or changed.
F. It must require the Usee to pay all costs of operation and maintenance of the Real Property and, if
applicable, the Faciliry, mmless the Public Entity is authorized by law to pay such cosu and agrees to pay such
costs.
G. If any monies aze to be paid to the Public Entity under the Use Contract, then it must contain a
provision requiring that each and every parry thereto shall, upon direction by rhe Finance Commissioner, take
such actions and fumish such documents to the Finance Commissioner as it determines to be necessary to �
ensure that the interest to be paid on the G.O. Bonds is exempt from federal income taxation.
Generic GO Grant Agreement for End Granu 10 Ver - 2/2/98
_ (Gnrc GO Gmt Agrmnt-End Ln)
�� S9 °
H. It must be approved, in writin„ by the Finance Commissioner, and any proposed Use Connact
which is not approved, in wri[in„ by the Finance Commissioner shall be null and void and of no force or
effect.
L If the amount of the Grant exceeds Two Hundred Thousand and No/100 Dollazs (5200,000.00),
then it must contain a provision requiring the Usee, for one yeaz from the date of the Use Contract, to list any
vacant or new positions it may have with job services of the Commissioner of Economic Securiry for the
State of Minnesota, or the local service uniu, as required by Minn. Stat. § 268.66 Subd. I(1996), as such
may subsequently be amended, modified or replaced.
Section 3.04 Receipt of Monies Under a Use Contract If the Public Entity receives any monies
under a Use Contract, then a portion of such monies in excess of the amount the Public Entity needs, and is
authorized to use, to pay the operating expenses of the Real Proper[y and, if applicable, the Facility, or to pay the
principal, interest, tedemption premiums, and other expenses on debt related to the Real Property and, if applicable,
the Facility, other than the debt on the G.O. Bonds and debt for which the Public Entity has no financial liability,
� must be paid by the Public Entity to the Finance Commissioner. The portion of such excess monies that the Public
Entity shall pay to the Finance Commissioner shall be determined and established by the Finance Commissioner,
and, absent circumstances which would indicate otherwise, such portion shall be determined by multiplying such
excess amount by a&action the numerator of which is the amount of G.O. Bonds, and the denominator of which is
the total principal amount of ail public debt financing incurred with respect to the Real Property and, if applicable,
the Facility other than public debt issued by a public entity for which it has no fmancial liabiliry.
Section 3.05 Sale. The Public Entity may not, and shall not, sell its interest in the Real Property or, if
applicable, the Facility unless all of the following provisions have been fully comptied with.
A. The Public Entity determines, by officia] action, that it is no ]onger usable or needed as the
Dayton's Bluff Community Recreation Center.,
B. The sale is made as authorized by law.
C. The sale is for Fair Mazket Value.
D. The written consent of the Finance Commissioner has been obtained.
The acquisirion of the Public Enrity's interest in the Real Property and, if applicabie, the Faci]ity at a
foreclosure sale, acceptance of a deed-in-lieu of foreclosure for the Public Entity's interest in the Real Property and,
if applicable, the Facility, and/or enforcement of a security interest in personal property used in the operation of the
Real Property and, if applicable, the Faciliry, by a lender that has provided monies for the acquisition of the Public
Entity's interest in and/or bettermen: of the Real Property and, if applicable, the Facility shall not be considered a
sale for the purposes of this Agrcement if after such acquisiuon the lender operates the Real Property and, if
applicable, the Facility in a manner which is not inconsistent with the govemmental program specified in Section
2.03 hereinabove and such lender uses its best efforts to sell the acquired interest in the Real Property and, if
applicable, the Facility to a third party for Fair Market Value. The ultimate sale and/or disposition of the acquired
Generic GO C:rant Agreement for End Grnnts 11 V er - 2/2/98
(Gnrc GO Gmt Agrmnt-End Ln)
aF-sqo
interest in the Real Properry and, if applicable, the Facility by the lender shall be deemed to be a sale for the
purposes of this A�reement, and the proceeds thereof shall be disbursed in accordance with the provisions contained
in Section 3.06 heteinbelow.
Section 3.06 Proceeds of a Sale. Upon the sale of the Public Entity's interest in the Real Property and,
if applicable, the Faciliry the net proceeds thereof shall be disbursed in the following manner and order.
A. The fust distribution from such net proceeds shall be to the Finance Commissioner in an amount
equal to the amount of the Grant, and if the amount of such aet proceeds shall be less than the amount of the
Grant then all of such net proceeds shall be distributed to the Finance Commissioner.
B. The remaining portion of such net proceeds, afrer the distribution specified in Section 3.06.A
hereinabove, shail be distributed to pay in full any outstandin� public or private debt incurred to acquire the
Public Entity's interest in or betterment of the Real PropeRy and, if applicable, the Faciliry.
C. The remaining portion of such net proceeds, after the dis�ibutions specified in Sections 3 A6.A &
B hereinabove, shall be divided and dish�ibuted in proportion to the shazes contributed to the acquisition of
the Public Enrity's interest in or betterment of the Real Property and, if applicable, the Facilities by public and
private entiues, inciuding the State Entity but not including any private entiry that has been paid in full, that
supplied funds in either real monies or like kind contributions for such acquisition and betterment, and the
State Entity's distribution shall be made to the Finance Commissioner. Such public and private entities may
agree amongst themselves as to any redistribution of such disuibuted &nds.
The Public Entity shatl not be required to pay or reimburse the State Entity for any funds above and beyond
the full net proceeds of such sale, even if such net proceeds aze less than the amount of the Grant, and are
insufficient to redeem or defease the outstanding G.O. Bonds.
Section 3.07 Changes to G.O. Compliaace Legislation or the Commissioner's Orde❑ In the event
that the G.O. Compliance Legislation and/or the Commissioner's Order aze amended in a manner which reduces any
requirement imposed against the Public Entity, or if the Public Entiry's interest in the Real Property and, if
applicable, the Facilit}� is exempted from the G.O. Compliance Legislation and the Commissioner's Order, then the
State Entity shall, upon written request by the Pubiic Entity, enter into and execute an amendment to this Agreement
to implement herein such amendment to, or exempt the Public Entity's interest in the Real Property and, if
applicable, the Faciliry from, the G.O. Compliance Legislation or the Commissioner's Order.
Article IV
DISBURSEMENT OF GRANT PROCEEDS
Section 4.01 Disbursement of Grant. L3pon compliance with the conditions delineated in Section 4.02
hereinbelow, the State Entiry shall disburse the entire proceeds of the Grant to the Public Entity.
Section 4.02 Condition Precedent to Disbursement of Grant. The obligation of the State Entity to
disburse the proceeds of the Grant to the Public Entity is subject to the condition precedent that the State Entity
shall have received the following on or before`the date of such disbursement:
Generic GO Grant Agreement for End Grants
12
Vec - 2/2l98
(Gnrc GO Gmt Agtmnt-End Ln)
q�-S4°
A. The Declaration duly executed by the Public Entity and duly recorded in the appropriate office.
with all of the recording information displayed thereon.
B. Evidence that (i) the Pubtic Entity has Iegal authority to and has taken all actions necessary• to
enter into this A�reement and the Declaration, and (ii) this Agreement and the Declazation aze duly bindin�
on and enforceabie a�ainst the Public Entiry.
x
C. A draw requisition, duly execured on behalf of the Public Entity; (i) describin�, in detait, what the
proceeds of the Grant will be used to pay for (i.e. acquisirion, improvement, renovation, rehabilitation, or
new consh�uction), and (i� containing a ceRification that the value of such work or activity is equal to or
gteater than the amount of the proceeds of the Grant.
D. Evidence that the Public Entity currently has, or will use the proceeds of the Grant to acquire,
either (i) fee simple title to the Real Property and, if applicable, fee simple title to the Facility, (ii) a lease of
the Real Property for a term which, if appficable, is at least as long as the expected useful life of the
structures and improvements which aze part of the Facility and, if applicable, fee simple title to the Facility,
or (iii) an easement on the Real Property and, if applicable, fee simple title to the Facility.
E. If the Project involved the improvement, renovation, rehabilitation, or new construction of the
Real Property and, if applicable, the Facility, then evidence that; (i) such improvement, renovation,
rehabilitation, or new construction was performed in a manner that will allow for the Real Property and, if
applicable, the Facility to be operated in the manner specified in Section 2.03 hereinabove, and (ii) all
required building permiu and other permits for such improvement, renovation, rehabilitation or new
construction were obtained.
F. A"Certificate of Occupancy" from the applicable local municipality, or such other type or form
of certificate as is customarily issued by such municipality, indicating that the Real Property and, if
applicabie, the Facility may be occupied, used and operated in the manner specified in Section 2.03
hereinabove.
G. Evidence that the Real Property and, if applicable, the Facility and the contemplated use thereof
aze permitted by and comply with all applicable use or other restrictions and requirements imposed by
applicable zoning ordinances ot regulations, and have been duly approved by the applicable municipal or
govemmental authorities having jurisdiction.
H. Evidence that all appiicable and required permits, bonds and licenses necessary for the operation
of the Real Property and, if applicable, the Facility in the manner specified in Section 2.03 hereinabove have
been paid for and 'usued, other than those permits, bonds and licenses which may not lawfully be obtained
until a future date and/or those permiu, bSnds and licenses which in the ordinary course of business would
normally not be obtained unril a later date.
I. Evidence that the policies of insurance required under Section 5.01 hereinbelow aze in full force
and effect.
Generic GO Grant Agreement for End Grants
13
Ver - 2/2/98
(Gnrc GO Gmt Agrmnt-£nd Ln)
� �. s1a
J. Evidence of compliance with the provisions and requirements specified in Section 5.09
hereinbelow, and any and all additional applicable provisions and requirements contained in Minn. Stat. §
16B.335 (1996), as such may subsequently be amended, modified or replaced.
K. Evidence that the Public Entity has the abiliry and a plan to fund the pro�ram which wiil be
operated on the Real Property and, if applicable, in the Faciliry.
L. Evidence that the Public Entity has fully complied with the matching funds requirements, if any,
contained in Section 5.21 hereinbelow.
builders risk insurance and standazd fue and extended coverage insurance on the Facility in an amount equal to the
full insurable value thereof, and shall name the State Entity as loss payee thereunder. If the Pubiic Entity elecu, if
applicable, to maintain general comprehensive liability insurance on the Facility, then the Public Entiry shall have
the Finance Commissioner named as an addiHonal named insured therein. At the written request of either the State
Entity or the Finance Commissioner, the Public En6ry shali promptly fwnish to the requesting entity all written
MISCELLANEOUS
Section 5.01 Insurance. The Public Entity shail, if applicable, maintain, or cause to be maintained,
+
notices and all paid premium receipts received by the Public Entity regazding such required insurance, or certificates
of insurance evidencing the existence of such required insurance.
If damages which aze covered by the insurance required hereinabove occurs to the Facility, then the Public
Entity shall, at iu sole option and discretion, either (i) use the insurance proceeds, or cause the inswance proceeds to
be used, to fully or partially repair such damage and to provide, or cause to be provided, whatever additional funds
which may be needed to fully oz partiaIly repair such damage, or (ii) sell its interest in the Real Property and the
damaged Facility in accordance with the provisions contained in Section 3.05 hereinabove. If the Public Entity
elects to only partially repair such damage, then the poction of the insurance proceeds which are not used for such
Article V
repair shall be applied in accordance with the provisions contained in Section 3.06 hereinabove as if the Public
Entity's interest in the Real Prooecry and the Facility had been sold, and such amounts shall be credited against the
amounts due and owing under Section 3.06 upon the ultimate sale of the Public Entity's interest in the Real Property
and the Facility. If the Public Entity elects to sell its intecest in the Real Propercy and the damaged Facility, then
such sale must occur within a reasonable time period from the date the damage occurred and the cumulative sum of
the insurance proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained
in Section 3.06 hereinabove, with the insurance proceeds being so applied within a reasonable time period from the
date they aze received by the Public Entity.
The State Entity will, as loss payee under the insurance requued hereinabove, assign or pay over to the Public
Entity any and all insurance proceeds it receives so that the Public Entity can comply with the requirements which
this Section imposes upon the Public Entiry as to the use of such insurance proceeds.
Generic GO Grant A�eement for End Grants
14
Ver - 2/2/98
(Gnrc GO Gmt Agrmno-End Ln)
1�_ 5'�fl
Section 5.02 Condemnation. If all or any poRion of the Real Properry and, if applicable, the Faciliry is
condemned to an extent that the Public Entity can no longer comply with the provisions contained in Section 2.03
hereinabove, then the Public Entity shall, at iu sole option and discretion, either (i) use the condemnation proceeds,
or cause the condemnation proceeds to be used, to acquire an interest in additional real property needed for the
Public Entiry to continue ro comply with the provisions contained in Section 2.03 hereinabove and, if applica6te, to
fully or partially restore the Facility and to provide, or cause to be provided, whatever additional funds which may
be needed for such purposes, or (ii) sell the remaining portion of iu interest in the Real Property and, if applicable,
the Facility in accordance with the provisions contained in Section 3.05 hereinabove. Any condemnation proceeds
which aze not used to acquire an interest in additional real property or to restore, if applicable, the Facility shatl be
applied in acwrdance with the provisions contained in Section 3.06 hereinabove as if the Public En[ity's interest in
the Real Property and, if applicable, the Facility had been sold, and such amounu shall be credited against the
amounts due and owing under Section 3.06 upon the ultimate sale of the Public Entiry's interest in the Real Property
and, if applicable, the Facility. If the Public Enrity elects to sell the portion of iu interest in the Real Properry and, if
applicable, the Facility which remains after the condemnation, then such sale must occur within a reasonable time
period from the date the condemnation occurred and the cumulative sum of the condemnation pmceeds plus the
proceeds of such sale must be applied in accordance with the provisions contained in Secuon 3.06 hereinabove, with
the condemnation proceeds being so applied within a reasonable time period from the date they aze received by the
Public Entity.
The State Entity will, as recipient of any of condemnation awazds and/or proceeds referred to hereinabove,
disclaim, assign or pay over to the Public Entity any and all of such condemnation awazds andlor proceeds it
receives so that the Public Entity can comply with the requirements which this Section imposes upon the Public
Entity as to the use of such condemnation awazds and/or proceeds.
Section 5.03 Records Keeping and Reporting. The Public Entity shall maintain, or cause to be
maintained, books, records, documenu and other evidence pertaining to the cosu or expenses associated with the
operation of the Project, and compliance with the requiremenu contained in this Aereement, the Declaration, the
G.O. Compliance Leoislation, and the Commissioner's Order, and upon request shail atlow, or cause the entity
which is maintaining such items to allow, the Siate En6ty, auditors for the State Entity, the Legislative Auditor for
the State of Minnesota, or the State Auditor for the State of Minnesota, to inspect, audit, copy, or abstract, any and
all of iu books, records, papers, or other documents relevant to the Grant. The Public Entity shall use, or cause the
entity which is maintaining such books and records to use, generally accepted accounting principles in the
maintenance of such books and records, and shall retain, or cause to be retained, all of such books, records,
documenu and other evidence for a period of five (5) y:°azs from the date that the Facility is fully compieted and
placed into operation.
Generic GO Grant Agreement for End Grants
1$
Ver - 2/2/98
(Gnrc GO Grnt Agrmno-End Ln)
qf -���°
Section 5.04 Inspection of Facility. The Public Entity shall, upon request, allow, and will require any
entity to whom it leases, subleases, or enters into a Use Agreement for any portion of the Real Property and, if
applicable, the Faciliry to allow, rhe State Entiry to inspect the Real Property and, if applicabie, the Faciliry.
Section 5.05 Data Practices. The Public Entity a�rees, with respect to any data which it possesses
regazding the Grant, the Project, or the Real Property and, if applicable, the Facility, to comply with all of the
provisions and restrictions contained in the Minnesota Govemment Data Practices Act contained in Chapter 13 of
the Minnesota Statutes, as such may be amended, modified or replaced. The Public Entity further a�rees to
indemnify, save, and hold the State Entity, the Finance Commissioaer, and the State of Minnesota, their a�enu and
employees, hazmless from all ciaims arising out of, resuiting from, or in any manner aqsibutable to any violation by
the Public Entity, iu officers, employees, or agents, or by any Usee, iu officers, employees, or a�enu, of any
provision of the Minnesota Govemment Data Pracrices Act, including legal fees and disbursements paid or incurred
to enforce the provisions coniained in this Section.
Section 5.06 Non-Discrimination. The Pu61ic Entity agrees to not engage in discricninatory
employment practices with respect to the Project and the operation and/or management of the Real Property and, if
applicable, the Facility, and it shall, with respect to such activities, fully comply with all of the provisions contained
in Minn. Stat. §§ 363.03 & 181.59 (1996), as such may subsequently be amended, modified or replaced.
Section 5.07 Worker's Compensation. The Public Entity agrees to fully comply with all of the
provisions relating to worke�s compensation contained in Minn. Stat. §§ 176.181 Subd. 2, & 176.182 {I996}, as
such may subsequently be amended, modified or replaced, with respect to the Project and the operation and/or
management of the Real Property and, if applicable, the Facility.
Section 5.08 Antitrust Claims. The Public Entity hereby assigis to the State Entity and the Finance
Commissioner any and all claims it may have for over chazges az to goods and/or services provided in conjunction
with the Project and the operation andlor management of the Real Property and, if applicable, the Facility which
azise under the antitrust laws of the State of Minnesota or of the United States of America.
Section 5.09 Review of Plans and Cost Estimates. The Public Entity and the S[ate Entiry agree to
comply with all of the applicable provisions and requ'uements contained in Minn. Stat. § 16B335 (1996), as such
may subsequently be amended, modified or replaced, for the Project, and in accordance therewith the Public Entity
and the State Entity agree to comply wiffi the following provisions and requirements.
A. The Public Entity shall provide any and all information which the State Entity may request in
order for the State Entity to determine that the Project will comply with the provisions and requiremenu
contained in Minn. Stat. § 16B335 (1996), as such may subsequently be amended, modified or replaced.
B. The Public Entity shall, prior to iu proceeding with design activiues for the Project, prepaze a
predesign package and submit it to the Commissioner of Administration for the State of Minnesota for review
and co[nment. Such predesign package must be sufficient to define the scope, cost, and projected schedule
for the Project, and must demonsh�ate that the Project has been analyzed according to appropriate space and
Generic GO Grant Agreement for End Grants 16 Ver - 2/2/98
: (Gnrc GO Gmt Agannt-End Ln)
Q y Sqo
needs standazds. Any substantial changes to such predesign package must be submitted to the Commissioner
of Administration for the State of Minnesota for review and comment.
C. If the Project inciudes the construction of a new building, substantial alteration of the exterior
dimensions or interior confi�uration of an existin� building, or the acquisition of an interest in land, then the
Public Entity shall not prepaze fmal plans and specifications until it has prepazed a pro�ram pian and cost
estimates for all elemenu necessary to complete the Project and presented them to the Chairs of the
Minnesota State Senate Finance Committee and Minnesota House of Representatives Ways and Means
Committee and such chairs have made their recommendations, and it has notified the Chair of the Minnesota
House of Representatives Capital Investrnent Committee. Such program plan and cost estimates must note
any significant changes in the work to be performed on the Project, or in its cosu, which have azisen since the
appropriation for the Project was enacted or which differ from any predesign submittal.
Provided, however, the provisions and requirements contained in this Section 5.09.0 shall not apply to
the construction, renovation, or improvemenu to dams, highway rest azeas, truck stations, storage facilities
not consisting primarily of offices or heated work azeas, trails, bike paths, sewer separation projects, water
and wastewater facilities, campgrounds, roads, bridges, or any other capital project with a construction cost
of less than Two Hundred Thousand and No/100 Dollazs ($200,000.00).
D. The Puhlic Entiry must notify the Chairs of the Minnesota State Senate Finance Committee, the
Minnesota House of Representarives Capital Investrnent Committee and the Minnesota House of
Representatives Ways and Means Committee of any significant changes to the program plan and cost
estimates referred to in Section 5.09.0 hereinabove.
E. The prograni plan and cost estimates referred to in Section 5.09.0 hereinabove must ensure that
the Project will comply with ail applicable energy conservation standards contained in law, including Minn.
Stat. §§ 216C.19 to 216C.21 (1996), as such may subsequently be amended, modified or replaced.
F. If any of the proceeds of the Grant aze to be used for the construction or remodeling of the
Facility, then both the predesign package refeaed to in Section 5.09.B hereinabove and the program plan and
cost estimates referred to in Section 5.09.0 hereinabove must include provisions for cost-effective
information technology invesRnents that will enable the occupant of the Facility to reduce its need for office
space, provide more of iu services electronically, and decentralize its operations where such provisions aze
deemed necessary by the Information Policy Office of the Depamnent of Administration for the State of
Minnesota.
G. If the Project does not involve the construction of a new building, the substantial alteration of
the exterior dimensions or interior configuration of an existing bui;ding, or the acquisiuon of an interest in
land, then prior to beginning work on the Project the Public Entity shall just notify the Chairs of the
Minnesota State Seoate Finance Committee, the Minnesota Aouse of Representatives Capital Inves�nent
Generic GO Grant Agreement for End Grants 17 Ver - 2/2/98
(Gnrc GO Gmt Agrmnt-End Ln)
9d'r
Committee and the Minnesota House oFRepresentatives Ways and Means Committee that the work to be
performed is ready to begin.
H. The Project must be; (i) completed in accordance with the program plan and cost estimares
referred to in Section 5.09.0 hereinabove, (ii) completed in accordance with the time schedule contained in
the program plan referred to in Section 5.09.0 hereinabove, and (iii) completed within the bud�ets contained
in the cost estimates referred to in Section 5.09.0 hereinabove.
I. The proceeds of the Grant will not be disbursed until (i) the predesi� packa�e referred to in
Section 5.09.B hereinabove has been reviewed by and received a favorable cecommendation from the
Commusioner of Adminisu�ation for the State of Minnesota, (ii) the progazn plan and cost estnnates referred
to in Section 5.09.0 hereinabove have received a recommendation by the Chairs of the Minnesota State
Senate Finance Committee and Minnesota House of Representatives Ways and Means Committee, and (iii)
the Chair of the Minnesota House of Representatives Capital Investment Committee has been notified
pursuant to Section 5.09.G hereinabove.
Section 5.10 Prevailing Wages. The Public Entity agees to comply with all of the applicable
provisions contained in Chapter 177 of the Minnesota Statutes, and specifically those provisions contained in Minn.
Stat. §§ 177.41 through 177.43 (1996), as such may subsequently be amended, modified ot replaced.
Section 5.1 I Liability. The Public Entity and ffie State Entity do both agree that they will be
responsible for the'u own acts and the resulu thereof to the extent authorized by law, and they shall not be
responsible for the acts of the other pazty and the results thereof. The Public Entity acknowledges and a�rees that
the ]iability of both the State Entity and the Finance Commissioner is governed by the provisions contained in Minn.
Stat. § 3.736 (1996), as such may subsequently be amended, modified or replaced. The State Entity does also
acknowledge that the tiability of the Public Entiry is govemed by the provisions contained in Chapter 466 of the
Minnesota Statutes), as such may subsequently be amended, modified or replaced.
Section 5.12 RetationshiQ of the Parties. Nothing contained in this Agreement is intended or should
be construed in any manner as creating or establishing the relationship of co-partners or a joint venture between the
Public Entity, the State Entity, or the Finance Commissioner, nor shall the Public Entity be considered or deemed to
be an agent, representative, or employee of either the State Entity, the Finance Commissioner, or the State of
Minnesota in the performance of this Agreement, the completion of the Project, or operation of the Real Property
and, if applicable, the Facility.
The Public Entiry represents that it has already secured, or will secure or cause to be secured, all personnel
andJor persons required for ihe performance of this Agreement and the completion of the Project. Any and all
` personnel of the Public Entity, or other persons, while engaging in the performance of this Agreement, the
completion of the Project, or the operation and/or maintenance of the Real Property and, if applicable, the Facility,
shall not have any contractual relationship with either the State Entity, the Finance Commissioner, or the State of
Minnesota, and shall not be considered emgloyees of any of such entities. In addition, any and all clauns that may
Generic GO Grant Agreement for End Grants 1$ Ver - 2/2/98
�� (Gnrc GO Grnt Agrmnt-End Ln)
`[F s��'
or mi�ht azise on behalf of said personnel or other persons while so enga�ed arisin� out of employment, or alle�ed
employment, includin�, but not limited to, claims under the Workers' Compensation Act of the State of Liinnesota,
claims of discrimination a�ainst the Public Entiry, its officers, agents, con�actors, or employees sha11 in no way be
the responsibiliry of either the State Entity, the Finance Commissioner, or the Srate of Minnesota. Such personnel
or other persons shall not require nor be entitled to any compensation, righu or benefiu of any kind whatsoever
from either the State Entiry, the Finance Commissioner, or the Srate of Minnesota, includin„ but not limited to,
tenure rights, medical and hospital caze, sick and vacation leave, Worken' Compensation, Unemployment
Compensation, disability benefus, sevemnce pay and retuement benefits.
Section 5.13 Notices. In addition to any notice required under applicable law to be given in another
manner, any notices requued hereunder must be in writing, and shall be sufficient if personally served or sent by
prepaid, registered, or certified mail (return receipt requested), to the business address of the pazty to whom it is
directed. Such business address shall be that address specified hereinbelow, or such different address as may
hereafter be specified, by either party by written notice to the other:
To the Public Entity at:
City of St. Paul, through its Pazks and Recreation Department
300 City Hall Annex
St. Paul, MN 55102
Attention: Superintendent
To the State Entity at:
Minnesota Department of Children, Families, and Leaming
711 Capitol Squaze Building
550 Cedaz Street, St. Paul, MN 55101
Attention: John Hustad, Deputy Commissioner
To the Finance Commissioner at:
Minnesota Department of Finance
4Q0 Centennial Office B(dg.
658 Cedaz St.
St. Paul, MN 55155
Attention: Commissioner of Finance
Section 5.14 Assignment or Modification. This Agreement and the Declazation shall be bindin� upon
and inure to the benefit of the Public Entiry and the State Entity, and their respective successors and assi�s.
Provided, however, that neither the Public Entity nor the State Entity may assi� any of its rights or obligations
under this Agreement or the Declaration without the prior written consent of the other party. No change or
modifica6on of the terms or provisions of this Ageement or Declaration shall be binding on eivSer the Public Entity
or the State Entiry unless such change or modification is in writing and signed by an auttrorized official of the party
against which such change or modification is to be imposed.
Generic GO Grant Agzeement for End Grants
19
Ver - 2/2/98
(Gnrc GO Gmt AgrmnhEnd Ln)
q�-s�
Sectioa �.15 Waivea Neither the failure by the Public Entity, the Stare Entity, or the Finance
Commissioner, as a third party beneficiary of this Agreement, in any one or more instances, to insist upon the
complete and totai observance or performance of any term or provision hereof, nor the failure of the Public Entity,
the State Entity, or the Finance Commissioner, as a third party beneficiary of this A� eement, to exercise any ri�ht,
privile�e, or remedy conferred hereunder, or afforded by law, shall be construed as waivin� any breach of such
ternt, provision, or the ri�ht to exercise such ri�ht, privile�e, or remedy thereafrer. In addition, no delay on the part
of either the Public Entity, the State Entity, or the Finance Commissioner, as a third party beneficiary of this
Agreement, in exercising any right or remedy hereunder shalt operate as a waiver thereof, nor shall any single or
partial exercise of any right or remedy preclude other or further exercise thereof, or the exercise of any other ri�ht
or remedy.
Section S.lb Entire AgreemenL This Ageement and the Declazation embody the entire agreement
between the Public Entity and the State Entity, and there aze no other a�eements, either oral or written, behveen the
Public Entity and the State Entity on the subject matter hereof.
Section 5.17 Choice of Law and Venue. All matters, whether sounding in tort or in conuact, relating
to the validity, construction, performance, or enforcement of this Agreement or the Declaration shali be conttolled
by and detertnined in accordance with the laws of the State of Minnesota. Public Entity agrees and consenu that all
legal actions initiated with respect to or arising from any provision contained in this Ageement shall be initiated,
filed and venued in the State of Minnesota District Court located in the City of St. Paul, County of Ramsey, State of
Minnesota.
Section 5.18 Severability. If any term or provision of this Agreement is fmally judged by any court to
be invalid, the remaining terms and provisions shall remain in full force and effect, and they shall be interpreted,
performed, and enforced as if said invalid provision did not appeaz herein.
Section 5.19 Time of Essence. Time is of the essence with respect to all of the matters contained in
this Agreement.
Section 5.20 Counterparts. This Agreement may be executed in any,number of counterparts, each of
which, when so executed and delivered, shall he an original, 6ut such counterparts shall together constitute one and
the same instrument.
Section 5.21 Matching Funds. The Public Entity must obtain and supply the following matching
funds, if any, for the completion of the Project:
A. The Public Entity shall provide matching funds in the amount of one dollaz ($1.00) from local
sources for each two dollars ($2.00) of state grant funds.
B. � The Public Entity may provide in-kind con�iburions of facilities for all or any part of its requ'sed
match.
C. The value of any in-kind contributions by the Public Entity shall be determined by the Finance
Commissioner. -
Generic GO Grant Agreement for End Grants 2� Ver - 2/Z/98
(Gnrc GO Gmt Agrmnt-End Ln)
a�-Sq
Any and all matching funds which aze intended to meet the above delineated requiremenu must either be in the
form of (i) cash monies, (ii) le�ally binding commitmenu for monies, or (iii) equivalent funds or contributions,
includin� equity, which have been, or will be, used to complete and/or pay for the Project.
Section 5.22 Third-Party Beneficiary. The Public Entity and the State Entity agree that the public
program to be operated in conjunction with the Real Property and, if applicable, the Facility will benefit the State of
Minnesota, and the provisions and requitemenu contained herein aze for the benefit of both the State Entity and the
State of Minnesota. Therefore such entities acknowledge aad a�ee that the State of Minnesota, by and through its
Commissioner of Finance, is and shall be a third-parry beneficiary of this Agreement.
SeMion 5.23 Applicability to Real Property and Facility. This A�reement applies to the Public
Entity's interest in the Real Properry and if a Faciliry exisu to the Facility. The term "if applicable" appeazing
before the term "Facility" is meant to indicate that the this A�eement will apply to a Faciliry if one exisu, and if no
Faciliry exists then this Ageement wiil only apply to the Public Entity's interest in the Real Property.
Section 5.24 Additiunal Reyuirements. The Public Entity and the State Entity agree to comply with
the following additional requirements.
A. Not later than thirty (30) days after the first expendihue of any Grant funds by the Public Entity or
as soon thereafrer as practical, the Public Entity shall cause to be recorded in the official real estate records
maintained by the county recorder for the county or counties in which the properties, on which the Facility is
constructed or is to be constructed, is located, a declaration or o[her appropriate instrument in the fortn or
substanrially the same form attached hereto as Attachment A for each property. Upon fuli compliance with the
provisions of the Commissioner's Order and, when appropriate, upon request by the Public Entity, the
Commissioner of Finance shall execute and deliver to the Public Entity a written release evidencing the release of
the subject Faciliry from the provisSons of Minn. Stat. § 16A.695 (t996), as such may subsequently be amended,
modified or replaced, and the Commissioner's Order.
�
her.einabove.
If the Public Entity does not expend all of the matching funds required undec Section 5.21
hereinabove, either the State Entity or the Finance Commissioner may, in their sole respective discretion and as
needed to recover Grant funds which have not been matched by the Public Entity:
The following shall be a remedy in addition to and not in lieu of those contained in Section 2.06
1. Refrain from disbursing two dollazs ($2.00) of the Grant for each one dollar ($1.00) of
matching funds which have not been expended on the Project by the Public Entity;
2. Demand that two dollazs ($2.00) of the Grant funds already disbursed to the Public Entiry
be retumed to the State for each one dollaz ($1.00) of matching funds which have not been expended on the I-�
by the Public Entity, and upon such demand the Public Entity shall return such proceeds to the Finance
Commissioner;
Generic GO Grant Agreement for End Grants
21
Ver - 2/2/98
(Gnrc GO Gmt Agrtnnt-End Ln)
R�-S `t°
3. If any of the amounts demanded in this Section 5.24.B, paragraph 2 are not received by
the State Entiry or the Finance Commissioner within thirty (30) days of the demand, either the State En[iry or the
Finance Commissioner may withhold, or cause to be withheld, any funds, state aids or grants from any source
whatsoever, that would otherwise be due and payable to the Public Entity from any State board, department,
commission or any other State a�ency, in an amount equal to nvo ($2.00) of state �rant funds for each one (51.00)
of matching funds which have either not been expended by the Public Entity or otherwise retained by or retumed to
either the State Entity or the Finance Commissioner;
4_ In the event of any withholding under this Section SZ4.B, paza�raph 3, the Public Entity
shall adjust its financial accounts so that the funds which the Public Entity should have remitted to the State are
transferred and properly reflected in the accounu from which the funds were withheld by the State.
C. The parties contemplate that the gant funds will be expended by the Public Entity for eligible
.�
youth initiative grant projects at a number of different sites as identified in Attachment D. The terms and
conditions of this Grant Agreement apply to each site at which the Public Entity uses the grant funds in the same
manner as if a sepazate Grant Ageement was entered into by the parties for each such site.
(Tf� REMAINING PORTION OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
Generic GO Grant Agreement for End Grants
22
Ver - 2/2/98
(C:nre GO Gmt Agrmnt-End Ln)
� sq �
IN TESTIMONY HEREOF, the Public Entity and the State Entity have executed this Grant Agreement
on the day and date indicated immedia[ely below their respective si�natures.
Approved as to form and execution:
Assistant Attomey Gen.eral
Date:
PUBLIC ENTITY:
City of St. Paul, a Charter Ciry
B
Title:
Date:
And:
Title:
Date:
STATE ENTITY:
State of Minnesota, acting through its Department of Children,
Families, and Leaming
�
Title:
Date:
Generic GO Grant Agreement for End Grants
23
Ver - 2/2/98
(Gnrc GO Gmt Agrmno-End Ln)
tk-S°t�
Attachment A
DECLARATION
The undersigned has the following interest in the real properry (the "Real Property") legally describzd in
Attachment B, which is attached hereto and made a part hereof,
(Check the appropriate box.)
� a fee simple title,
X❑ a lease, or
� an easement,
and as owner of such fee title, lease or easement, does hereby declaze ffiat such fee title, lease or easement is hereby
subject to the following reshiction:
s The fee ritle to, lease of, or easement on the Real Property is bond financed property
' within the meaning of Minn. Stat. § 16A.695, as amended from time to time, is subject to
the encumbrance created and requirements imposed thereby, and cannot be sold or
otherwise disposed of by the public officer or agency which has jurisdiction over it or
owns it without the approval of the Minnesota Commissioner of Finance, which approval
must be evidenced by a written statement signed by the Commissioner of Finance and
attached to the deed or instrument used to seil or otherwise dispose of the fee title to,
lease of, or easement on the Real Property.
The fee title to, lease of, or easement on the Real Property shall remain subject to this resniction untii; (i) the
restriction has been fully complied with as evidenced by a written approval from the Minnesota Commissioner of
Finance, or (ii) a written release, releasing the fee title to, lease of, or easement on the Real Property from the
restriction, signed by the Minnesota Commissioner of Finance, is recorded in the real estate records relating to the
Real Property.
(SIGNATURE BLOCK AND ACKNOWLEDGMENT)
This Declazation was drafted by:
(Nazne and address of individual
that draRed the Declazation.)
Generic GO Grant Agreement for End Grants 24 Ver - 2/2/98
. (Gnrc GO Gmt Agrxnnt-End Ln)
q� sq�
Attachment B
Generic GO Grant Agreement for End Grants
LEGAL DESCRIPTION
25
V er - 2/2l98
(Gnrc GO Gmt Agrmnt-End Ln)
q�-sq�
Attachment C
Attachment C is a Certified copy of the Public Entiry's Resolution Approving this A�reement; Sample
Public Entity Resolution:
offered the following resolution and moved its adoption:
RESOLUTION AUTHORIZING TO SIGN THE EIVD
GRANT ("THE GRANT CONTRACT") AS REPRESENTATIVE OF
WHEREAS has been appointed by the Public Entity as iu
. and
WHEREAS the Public Entity has been awazded a Youth Initiative Grant.
�
TI we authorize the to sign the Grant Contract
for the Youth Initiative Grant u the representative of the Public Entity.
The motion for adoption of the foregoing resolution was duly seconded by Member
. and upon vote being taken thereon, the following
voted in favor thereof:
the following voted against the same:
was declared duly passed and adopted.
whereupon said resolution
Authorized Signature
Generic GO Grant Agreement for End Grants 26 Ver - 2/2/98
.. (Gnrc GO Gmt Agttnnt-End Ln)
a� F .S�
CERTIFICATION
I, , do hereby certify that I am the of
the Public Entity, and the foregoing is a true, complete, and correct copy of a resolution adopted at a meetin�
of the governin� body of the Public Entity duly and properly called and held on the day of
, 1998, that a quorum was present at said meeting, that a majority of those present voted
for the resolution and that resolution is set forth in the minutes of said meeting and has not been rescinded or
modified.
IN WITNESS WHEREOF, I have hereunder subscribed my name this _ day of
1998.
�
of the Public Entity
Attest by One Boazd Member
Generic GO Grant Agreement for End Grants
27
Ver - 2/2/98
(Gnrc GO Gmt Agrmnt-End Ln)
���Ll,'��L� ��
Q� sq�
Pre-Design
Submittal
for
Youth Initiative Bonding
Grant
Daytons Bluff Community
Recreation Center
Applicants:
CITY OF SAINT PAUL
RAMSEY COUNTY
SAINT PAUL PUBLIC SCHOOLS
February 11, 1998
�F SYto
Predesign Submittal
Youth Initiative Grant
Daytons Bluff Property
1. Predesign Summary Statement
Authorizin� Le�islation
In 1996 the Minnesota Legislature authorized $16 million for grants to desig�z,
furnish, equip, repair, replace or corzstruct parks and recreation buildings and school
buildings to provide youth, with preference for youth in grades four through eight,
with regular enrichment activities during non-school hours, including after-school,
evenings, weekends, and school vacation periods, and that will provide equal access
and programming for girls. The buildings may be leased to nonprofit community
� organizations, subject to Minnesota Statutes, Section 16A.695, for the same
' purposes. Enrichment programs include academic enrichment, homework assistance,
computer and technology use, arts and cultural activities, clubs, school-to-work ¢nd
work force development, athletic, a�Ld recreatio�zal activities. Grants must be used to
improve the quality or range of program offerings andJor eJtpand the number of
children participating in enrichment programs. The facilities must be fully
available for programming sponsored by youth-serving nonprofit and community
groups, or school, county, or city programs, for maYimum hours after school, evenings,
weekends, summers, and other school vacation periods. Priority must be given to
proposais that demonstrate collaboration among private, nonprofit, and public
agencies, including regional entities dealing with at-risk youth, and community and
parent organizations in arranging for programming, staffing, transportation, and
equipment. Prioritq must also be given to school attendance areas with high
concentrations of children eligible for free or reduced school lunch.
Each grant must be matched by $1 from local sources for each $2 of state money. In-
kind contributions of facilities may be used for the local match. The value of in-kind
contributions must be determined by the Commissioner of Finance.
Preference must be given to projects for which at least ten percent of the Youth
Initiative Grant is eacpended using YouthBuild under Minnesota Statutes, Sections
268.361 to 268.367, or other youth employment and training programs, for the labor
�portion of the construction. Eligible programs must consult with appropriate labor
organizations to deliver education and training.
1
�� -s�t�
Five million dollars in grants is specified for enrichment projects within the city of
St. Paul. Local sources must add another $2,500,00.00 in matching funds (total of
�7,500,000.00). Of the grant amount, at least $2,500,000 must be used in the
neighborhoods of Summii-University, Thomas-Dale, North End, Payne-Phalen,
Daytons B1uff and the Fi'est Side. 'I'he remaining $2,500,000 is available citywide,
with priority for some of the remaining amount given to proposals by public/private
partnerships currently offering after-school enrichment programs in low-income
areas in conjunction with a neighborhood-based organization. Up to $100,000 of the
remaining $2,500,000 may be used to develop urban sports facilities for at-risk
inner city youth, inciuding those older than eighth grade.
A steering committee •was formed and reports to the Joint Property Tax Advisory
Committee (JPTAC) made up of Ramsey County, the City of St. Paul and the Saint
Paul Public Schools. The steering committee has representatives from the three
operating Youth Initiative Collaboratives within the City of St. Paul and also has
representatives from the community at-large and the public agencies who are
members of the JPTAC. A"Call for Concepts" was issued, and twenty-one
responses were received by the deadline of May 30, 1997. These responses were
screened for eligibility, and community meetings were held, during which
collaboration among the applicants was encouraged.
A"Step 2 Final Proposai Submittal" was then issued to which fifteen responses
were received on August 11, 1997. These responses were scored by voting members
of the Steering Committee and ranked according to those scores. After deliberation
and budgetary� considerations, eight projects were recommended to the JPTAC in the
following ranked order:
• Daytons Bluff Community R.ecreation Center
• Neighborhood House/El Rio Vista Youth Collaborative
• Frogtown Center for Families (Phase I)
• Jimmy Lee Redevelopment
• City AcademylWilder Recreation Center
• Sackett Park Restoration
• Martin Luther King Recreation Center Expansion
• Baker Community Center/Cherokee Heights Addition
Because of th.e aggressive construction schedule ¢�ad its dependence ¢nd interrelationship
with a city project, this document couers only the first project — th.e Daytons Bluff
_ Community Recreation Center.
2
�_ o
Project Name:
St. Paul Project No.:
Targeted Iv'eighborhood:
Building Ownership:
Land Ownership:
Requested Grant:
Identified Match Funds:
Other Project Funding:
Total Construction
Daytons Bluff Community Recreation Center
97-13
Da} Bluff
City of St. Paul
Saint Paul Public Schools, Independent School District 625
$1,150,575.00
$1, 422, 000.00
$1,148, 000.00
Cost Estimate: $3,720,575.00
Project Summary: The proposal is for new construction of 5,040 square feet
which will allow for program expansion by adding a
teaching kitchen, theater, dance/aerobics room, and
computer room. Construction of these rooms will allow
for educational, cultural and recreational opportunities
for youth in grades four through eight. The rooms and sizes
are as follows:
1. Teaching kitchen - 460 square feet
2. Theater - 3,050 square feet
3. AerobicslDance room - 1,240 square feet
4. Computer room - 290 square feet
Proposed Programming: Daytons Bluff Community Recreation Center currently
has an office, a sma11 gym, one multi•purpose room used
for meetings, classes, arts and crafts teams and other
special events. Over the last few years, the community
has grown so rapidly that the recreation center has
inadequate space available to provide the needed services
for youth in the community. This proposai focuses on
providing youth in grades four through eight opportunities
to participate in different cultural, educational and
programs/activities that many of these students have
never e�cperienced. Currentiy, there is no teaching kitchen,
theater, dance/aerobics room or computer room anywhere
in the Daytons Bluff community specifically for youth.
This proposal will allow for the expansion and
enhancement of the recreation center's proa am by
construction of these four specific rooms in conjunction
with tfie planned expansion of the community recreation
center which is funded through Community Development
Block Grant (CDBG) city funds.
3
°l� �S a�o
2. Project Background Narrative
Statutory Requirements
b4innesota Laws, Chapter 463, Section 4, appropriated �5 million to the City of
St. Paul to use for enrichment grants. �2.5 million must be used within six targeted
neighborhoods. The remaining $2.5 million is available citywide, but may also be
used within the six targeted areas.
Projects must comply with Minnesota Statutes, Section 16B.335, which requires
this predesign submittal.
Additionally, any building leased to a nonprofit community organization is subject
to Minnesota Statutes, Section 16A.695, and preference will be given to projects on
wtiich at least ten percent of the Youth Initiative Grant is expended using
Youthbuild under Minnesota Statutes, Sections 268.361 to 368.367.
Operational Pro�ram
The St. Paul Parks and Recreation Department wili operate this facility, using its
general and capital fund resources which will be allocated appropriately for the size
and program scheduling requirements of this facility. Parks and ftecreation
projects that utilities (gas, electricity, water, sewer) will increase $35,000 per year
while staff costs wili increase $45,000 per year.
Needs Analysis and Plannin� Process
This project will constitute an expansion of the Daytons Bluff Community
Recreation Center addition already being planned. These additional spaces are
being programmed specifically for grades four through eight and will operate
intensively during the after-school hours. The recreation center serves hundreds of
diverse families and youth. Daytons Bluff Elementary School (adjacent to the
recreation center) ranked low in district test scores, with a high percentage of the
attending students receiving free and reduced lunches. This proposal will focus on
providing cultural, educational and recreational classes with the construction of
these additional spaces. Additionally, the Daytons Bluff Elementary School has
been selected as a conversion site for the Achievement Plus program which
constitutes a unique partnership between the Saint Paul Public Schools, the Wilder
Foundation, the City of St. Paul, Ramsey County, the Department of C4ildren,
Families and Learning and the Daytons Bluff community. (A separate predesign
submittal has �ieeir by the pepartment of Administration for the
Achievement Plus pr os .� �"����"8` �G�v��-coyv
�
`i8 - a�
i
Resolutions have been approved by the City of St. Paul, Ramsey County, and
Independent School District 62�, approving this expenditure and the use of the
buildings and grounds for the Youth Initiative project. These resolutions are
attached. (Attachment A)
3. FinancialInformation
Proiect Cost Plan
Estimated cost - new construction :
Estimate breakdown:
Construction (Community
Center)
Demolition
FFE
A/E fees
Inspection
Subtotal
Youth Initiative Grant
Request
Grand Total
$135.00 per square foot.
1, 980, 000
36,000
150,OQ0
340, 000
64,000
2,570,000
1,150,575
3,720,575
(This total does not inciude the Achievement Plus
addition and remodeling.)
Note: $1,422,000 of the $2,570,000 subtotal is being proposed as local match
and will be calculated as part of the required $2,500 total match.
Estimate of Proiect Impact on Operating Budgets
See No. 2(Operational Program) above.
4. Schedule Information
Proiect Schedule
Bid date: February 25, 1998
Start construction: \ March 23, 1998
Construction period estimated at 370 calendar days.
Complete construction: Spring 1999
5
a��-s�
Fundin� Sequence
�Z'e are proposing that this be funded as a"end grant". The three public entities wili
fund the construction through the spring of 1999, at which time we will apply for the
grant of $1,150,575.00 to reimburse the parties for their expenses. The
�2,570,000.00 from the CDBG program has previously been appropriated and is
available for expenditure at this time.
5. Project Description
ArchitecturaUEn�ineerin� Pro�ram
See Attachment B
Information Technolo�y and Telecommutin� Plans
As part of the Achievement Plus addition to the building, a technology system,
including communication, audio-visual and data networks, will be installed at
Daytons Bluff Elementary School. An automation system controlling heating and
air conditioning functions in the building will be included as part of this project, as
will a securitylintrusion alarm. There are no plans at this time for telecommuting,
since it has only limited applicability to a project of this nature.
Pzedes�gn/YIG/DB 6
Attachment A
INDEPENDENT SCHOOL DISTRICT NO. 625
BOARD OF EDUCATlON
SAINT PAUL PUBLIC SCHOOLS
RESOLUTION - GENERAL FORM
a� s�
�°�II�?°�` d Board File No.
���� — Date
vueucsc�oo�s ••'•o-�•E•�••�
t7NcP,tAS, the City of Saint Paul, Ramse� County and the Saint Paul
Pubiic Schools comprise the Joint Propert� Tax Advisor� Committee
j�P"i AC) pursuant to A1.5. 383F�. 75, and
�
:lN�3EA5, the .State of fYinnesota has created a Youth Initiative
iBondiny; Grant pro�ram pursuant to E_ar�5 of ;:Sinriesota, ChaNter 463,
Section 4, to make available fundin� to desi,r,n, furnish, e�uip, repair,
repiace or construct parks and recreation buildin<�s and school i�uildinc-s
to arovide ;�outh in c,rades four throu�h eie�ht viith enrichneRt activities,
durin� nonschool hours snd that w.ill ;+rovide equal access and
pro�rammin� for _r,iris, and
:'r{iEi:caS, the JPTAC reco�nizes tf�e neec: 2o provide such
enrichr,�ent activities for the ;�outh of the Cit� of Saint Paul, and see'r.s
tu submit an application for the Youth initiative (3ondiny)Grant
adninistered b; ttie i:•�innesota Jepart;:�ent of Chiidren, Far.•�ilies and
Le�rninr;, and
:������?cH�, the ad�inistrative staff assi_c,ned to this project have
rormed a steerin� cor.�mittee and have met and coli�5orated with cor�munit i
re�resentatives and delivered to JPTi1C a recomnendation for the pro�ects
to be inciuded in the appiication to the State of ie9innesota for �rar�t
�unciinn, and
:'ii�F;cR�, the .;:'TAC has revie::�ed and approved ttie
recomr�endations of the Steerin,r- Committee, and t�as passed them on
to its mer�berstiiF}'s elected E,odies for review and consideration, and
:�t;'c� �A.S, the �aint Paui Pu�lic Schoois has participated in this
process and supports the joint application �y the three participatinc,,�
pu: entities,
AYE
_ Chair
_ Y�ce Chair
_ Cferk
_ Treasurer
_, Direcsor
_, Director
_ Director
NAY
CHAIR
CLEf?K
Boatd of Education
Board of Education
Attachment A
qg s�
NOW, THEREFORE, SE IT RESOLVED:
TiiAT the Saint Paul Public Schools has reviewed the two
projects proposed for construction on its property and approves the
use of its praperty for these projects, specifically 2he use of its
land for the Daytons Bluff Community Recreation Ce�ter expansion
project number 97-13, comprised of $7,150,575.00 grant funding and
$2,600,000.00 match funding (total $3,750,575.00) and the use of
its tand for tfie Baker Community Center/Cherokee Heights Elementary
School Addition, project number 97-15, in the amount of $679,609.00
grant funds and $0 match (total $679,609.00), and
THAT administrative staff are hereby authorized to submit an
applicat+on to the Minnesota Departmeni of Chi{dren, Fami{ies and
Learning for funding of these projects.
ORIGINAL
RESOLUTION
CITY OF SAL�'i' PAUL. M
Presezted Hy
Refer:e3 To
,, , , / .
. '�—
�i:t:.�� 1;,�
r
Attachment A
�� '"5��
Council File r 9'J.- /S7G
Green Sheet ,= .Sy 3 D (
A �� / g
/ �
� ki ���il��
��
:ttee: Date
1 Sr-'cRE„S, the City of Saint Paul, Ra�ns • Cc�.:n�: , aad the Ssir.: Pau! P�,lic Schools
2 co^prise the Joint Pro�erty Tax Aflvisory .itcee (J?T.`.7) ;�urs::ar.t to M.S. 363A.75,
3 aad
4
5 h:=,2EAS, the State of Mirzeso:a has created a Youth Initiative (B:adir.gl Graat
6 prograr.. purs::aat to 1996 La�s of M.inaeso:a, Cha�ter a63, Sectic:� 4, to nake
7 available fti:^.3:ng to desica, fuz.^.ish, eg_:p, re?aiz, re�lace, c: cor.strutt parks ar'_
s zecrea_io^ bu:lflin3s >,� 5choo? b;:ild'_r.cs te Frevide yoc:h _.. c=a�es fccrt�: tY:re::g:
5 e:c'.::h v±t'r. e-=ick:ne�: accit•iLies d�rir.g r._::-s='r.00l houzs a:� ;;a: rrill p:ovide
10 ec�al access aac preg:amming for gizls, a^c
11
12 W.:Fs�AS, the me:c�ers`.:i� bo3ie5 of JPSRC zecog^ize the�r.eed to F°cvid- sac�
13 enrichr..e-t ac:ivities for thz you:t: o: the City�c_' Sair.t Fa�,:? ar.? seek :o sL::mit a
1a detaile9 a�rlicat:oa :c_ the Youth Iai:ia:ive i9o:�ding) Gra^: a�r.._ais.esz� by the
15 Mc:ir�so:a De�ar:r,.eat c. Chilfl:ea, Fa-ilies aac Learr.ir.a, a:::
16
17 h'?5=_::5, the a3r.._nistxative staff assicn_c ;e :?:?s project ?:ave fc:.��;e.i ,, s:aering
B cor.-,i:tee a;d have met sa3 collabozateZ �:_2 : cerr..nnity ze�rese-.a:ives aa� delivere�
19 to Jr a reco-,�e-caciea :or the projects to be ir,clude3 in th< a:�licatzca to tl:e
20 Stace o: p:;: zes�ta fo_ czaat fcadi^g, or.d
21
22 k:_=_�5, the J?7AC has revie»e� a.c artzcve� the reccr„meada:io::s o`_ the steezinc
- s3 co--?tt=e a�3 rave p=_=_sed ther., c^. to its r.,m.. - b_zs?::p•s electe= b�__es _°c. recie:r
2S c�:s'_de:a=:c-, a-�
25
�= H====�5, th° City o`_ Sacr.= ?c_? has pF:ticc�a_e3, serving as lea'_ a�e:cy, in this
�7 Frocess a-d s�__c_cs t'r._ jc:r.c arriica:ior. b}• t.*.e three par:ic__at_ac y_+�?_�
2E e::ities.
29
3o Ro�, T 5= IT EESO�VtD tha_ the City has zeviewed the projects aac su�por:s
31 ti:e s:e>_rir.g connittee zecomneadatio^s, ir. the a-o�.:nt totalir.e S5, OOG, OGO, o° tha
32 follohir.g p:ojects:
33
3S
35 57-01 Neig`i5or.*.ocd Eoise/El Rio Vista Recreatior. CenGe_
36 97-OS City Acade-. - Wildez Recreatio:: Ceatpr
37 5%-07 F:og.o�.r.. Ceater Foc Fam:liesli+. Mir�ehaha
38 � Recreation Ceater
» '� �_,�7-'_1 SatYett-Par'r._ F.estcra:ioc
<G :'-_� N.-: ir. L�_.: er Y.'_^g Cor.-.`._ty/r._creat=o- Ce-ter
*- B-_j D2 f:CL' S b'��' CO�-..._'�t r.'�'�a'��� CE:::!'
+'- 5'-iS ._c-;� l°° r._CIeaC�O..�Cec' -
ai \Gj � $ '-C =3%°_ �'C_"_"'\ �'° :P� i...'.°_:Of°c : E__: L� SC: CO:
_ ���.�
;:
4<
4�
52E1,CC0;
.4PS,D
SE2E,S2C;
55=,CC_,
" ,225�3sE:
��'�L�'� r
" :=.C�.:
5:':,c_S. 2.:'_
48
49
50
51
52
53
54
55
56
57
58
59
60
E1
62
63
64
65
66
67
EB
E9
70
�
':�
Attachment A
B'c I? FiJ�T'r'ER RESOLVcD that the City supporCS use o: the folloc:ing na.ching gt,���
t�e a:nowzt equaling 52,500,000 as ideatifie3 by the sceering cor.-ittee:
City Aca3e�y - Wildez Reczeatioa Cen:e:
Fzogtotia Cen[er For FaniliesJW. Minne.*.aha
Recreatioa Ceater
Sackect Park Res:oration
Martir. Luther Kir.g Comma.zitylRecreatio.^. Ce::ter
DayLOn's Eluff Cor,�•„*�ity Recrea:ioa Center
Jir.�T,y Lee Recreatior. Center
$250, 000 - L� ��
575,000
$30,000
$4fi3,000
$1,422,000
5250,000, and
E= IT FLn,;f=� gr50i.V=D that any modifications to the ma:ching Pw^.ds be either
cre3ited to or debite3 fron the amou.zt resulting fron the cor.struction of the
Dayton�s Blu;f Reczeation Center; and
8= IT FJRS'r.=R R°SO:.Vc^D that the City supports the ider.t:fied constructioa on its
property aad to its buildings and ap�:oves the use of its p:o�e:ty aad buildings fc:
these pzojects; and
$� I? FIF`.-.,L.LY RESO?,taD that a�^�inistrative s.a'_f are hezeby authorized to s�nit zr.
a�plica:zoa to tt:e ki _ Departneat o: Chilcze-, Far.._l±es aa3 Lea�±ng fo=
iL-.c'i^g o: these projec:s.
ORIGfNAL
�iEa3fESiati zE a __ E _______ L __ F _ S �____
+R � 5 r = C�S�CSiiES
rr ----
�j1 Rec.:este3 by De�ar[ne-: cf;
- — � jl � �
Ii I �
6 � ��
___-__-i�====__�_______=s I B�: _ �, 1���/'�`l�>rr�l�
Ado�te3 by Couacil: Date
A3option Cer:ifie3 by Cow�cil Secreiary
By:
F��rove3 by Mayo::
E:•:
Da:e
Fo^c A�p=ove_ by City Attorr._y
BY� � ' �"�/' / •�✓.���
A�prove:. by N.aycr fos SrS�,_ssica to
Cc•_.._'_1 �
r: : _ � �� l � ��l/./jl.
Attachment B
�.F s��
DAYTONS BLUFF RECREATION CENTER
& SCHOOL ADDfTION
COMM15SlON NUMBER 97103
Revised 2/5/98
Recreation Center
Gymnasium
Gym Storage
Lockers
Teen Room
Dance/Aerobics Studio
Multi-Purpose Room
Teaching Kitchen
Director's Office
Police "Storefront"
Craft Room
Computer Room
Recreation for Small People
Restrooms (2)
Warming Room
Staff Restroom
Theater
Outdoor Storage
Lobby/Entry
Vending Aicove
MechanicaVElectrical Space
Custodial Space
Flood Hose Room
Storage:
Teen Room
Director
Muiti-purpose
Crafts
Kitchen
Custodial
Dance
Totai
Gross up factor 1.2
Total Gross Area
DB Space by BN'BR
SPACE PROGRAM
Area
6,016 s.f.
401 s.f.
In corridor adjacent to gym
408 s.f.
1,240 s.f.
964 s.f.
460 s.f.
265 s.f.
ln entry tobby
497 s.f.
290 s.f.
374 s.f.
514 s.f.
290 s.f.
67 s.f.
3,050 s.f.
404 s.f.
804 S.f.
50 s.f.
1,065 s.f.
75 s.f.
20 s.f.
25 s.f.
20 s.f.
220 s.f.
50 s.f.
In cabinets
in room
66 s.f.
�
Gross UOp 1.22
381 s.f.
18,070 s.f.
4.077 s.f.
22,147 s.f.
_
Council Fi1e # � S ��
Green Sheet # ����
ORiGINAL
Presented By
Referred to
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
�lp
Committee: Date
1 WHEREAS, the State of Minnesota has created a Youth
2 Initiative Capital Grant Program pursuant to 1996 Laws of
3 Minnesota, Chapter 463, Section 4, to make available State Bond
4 funding for parks and recreation buildings to provide youth
5 enrichment activities during non-school hours, and
6 WHEREAS, the Saint Paul City Council by its Resolution 97-
7 1576 has approved a Youth Initiative Grant-financed projeCt for
8 Dayton�s Bluff Recreation Center, and
9 WHEREAS, said grant funds will be received by the City via a
10 grant agreement with the State of Minnesota Department of
11 Children, Families and Learning, upon completion of the project,
12 NOW THEREFORE BE IT RESOLVED, that the Mayor and the proper
13 City officials are hereby authorized to execute an agreement with
14 the State of Minnesota Department of Children, Families and
15 Learning for the Dayton's Bluff Recreation Center Youth
16 Initiative Program Grant, and
17
18
19
20
21
22
23
FURTHER RESOLVED, that the City of Saint Paul agrees to
comply with the requirements of Minnesota Statute 16A.695
regarding State Bond financed property and agrees to place a deed
restriction on the Dayton's Bluff Recreation Center property such
�hat said property cannot be sold or otherwise disposed of
without the written approval of the Minnesota Commissioner of
Finance, and
24 FURTHER RESOLVED, that the City of Saint Paul agrees to
25 operate the Dayton's Bluff Recreation Center program funded by
26 this grant (Theater, AerobiCS/Dance Room, Computer Room, Teaching
27 Kitchen) throughout its ownership of the Recreation Center or
28 until there is no longer a public need for said program.
°I� - s �tD
ORIGiNAL
Adopted by Council: Date���
� � ,
Adop ion Certified by Council Secretary
By
Approved M Dat :
BY= �
Requested by:
Div' 'on o£ ks and Recreation �
BY : �c�(p.c�
Form Approved by City Attorney
B Y = �� (//r(�i�' �—iv�
DEPARTMENT/OFFICE/COUNCIL DATE INITIATED �� f ��� ✓
GREEN SHEET � � � NO. 62827
Parks and Recreation ,1une 15, 7998
COMACTPERSONANOPHONE INRIPL(DATE LNRIALlOATE
John Wirka 266-6411 � � DEPARTMENTDIRECTOH 4 CITYCOUNCIL
pss�H
NUMBEN FO Z CIiY ATTOFNEY 5 CffY CLERK
MUST BE ON COUNQL AGENDA BV (DATEI `
OflDER FINANGIALSERVICESDIR. FINANCIALSERV/ACCTG
July 1 � � 9SS 3 MAYOR IOR ASSISTANn r� F) PARKS AND f1ECREATION
TOTAL#Of51GNATUfiEPAGES � (CLIPALLLACAl10N5PoR51GNA1UF4l
ACTION REQUESTED:
Approval of City Council Resolution authorizing execution of and agreement with the provisions of State of Minnesota
Youth lnitiative Program Grant Agreement for Dayton's Bluff Recreation Center.
RECOMMENDATIONS: Approve�A�otftejettlR) PEft50NALSERVI�CONTMCT5MU5TANSWERTFIEFOLLOWPIGQUESilONS:
_PLANNING COMMISSION CIVIL SERVICE COMMISSION �, Has this person�rm ever worked under a contract for t�is tlepartmeM?
CfBCOM4AITTEE A CF-97-1576 YES NO
A STAFF 2. Has this persoNtirm ever been a ciry employee>
VES NO
DISTRICT COUNQL
— ^ 3. Does this persoNfirm possess a skill not rormally possessed by any current city employee?
SUPPORTS WHICH COUNQL OBJECTIVE? YES NO
Explain all yes answen on separate aheet and attach to green sheet.
INITIATING PftOBLEM, ISSUE, OPPORTUNITY IWho, What, When, Where, Why1:
Resolution is necessary to accept grant agreement and to confirm city's compliance with certai� provisions of the grent.
ADVANTAGESIFAPPROVED:
Grant agreement can be executed, funds will be available for reimbursement of construction costs upon completion of
project. �
i[ 2�
�vL# E i�d v��`
DISADVANTAGES IFAPPROVED: ��� � � ���� ���� �,
None
s��iYt1�3'S Q��ICc�
_ ��"���"���
. �.
DISADVANTAGESIPNOTAPPROVED: p�� �� ��
iJ
Grant agreement cannot be executed. ���� ,
A � i .. ��
h � " ,ti °e
s4a s�as,"d,.e�'s�
TOTAL AMOUNT OF TRANSACTION S 1.150, 575.00 COST/REVENUE BU�GEfED (CIHCLE DNEI � NO
wrvoixcsoursce MN State Bonds NCTNRYNIlMBER C97-3D011
FINANCIAL INFOAMAiION: IEXPL4IN)
MINNESOTA
DEPARTMENT OF
Child� n
Families ��
Lea�ning
May 1, 1998
Chuck Armstrong `
City of St. Paul ;
390 City Hall
15 West Kellogg Blvd.
St. Paul, MN 55102
Deaz Mr. Armstrong:
CAPISOL SOUARE
550 CEDAR STREET
SAINT PAUL, MN 55101-22]3
r �
V
R�GEIY��
MAY 5 1998
�r1r�Y0�'S O�FfC�
(612) 296�6IOd
TTY 1672� 297-2094 �(+fl
ht1p://<fl. state. mn.us
i
REGEIVED
MAY 6 1998
DIV. OF PARKS
& RECREATION
The Dayton's Bluff Community Recreation Center, Xouth Initiative Capitai Grant
contract is enclosed and ready for signatures.
The city must sign on page 23 of the contract. Please sign and return a115 (five) copies.
Attachment A(the Declazation) must be completed and signed by the city. This form is
used to declaze that the city has placed a deed restriction on the properiy indicating that
the property is now bond financed property within the meaning of MN. Stat. Section
16A.695. Attachment B is the legal description of the property. It needs to be
completed. Attachment C is the city council resolution authorizing a responsible party in
the city to sign the contract. This wiil have to be resolved at a council meeting.
Attachment D is a copy of your application.
The Department of Finance requires that the city resolve to operate the program funded
b;r this grant throughout the ownership of the building, or until there is no longer a public
need for this program. I have included sample language for this resolution. Please get
council action on this and retum the resolution so that I can place it in the fi1e.
You wz11 receive a fully executed contract when all the signatures aze affixed.
If you have any question about this, please call me at 612/297-4832.
Sincerely,
�� �G�1."�-�C�Y'-s
Nancy Valento
Graiiis Coordinator
Dio�ision of ManaQement Assistance
a�-s� o
Sample resolution by the govemin� boazd of the Grantee
The official boazd of the local unit of govemment (city council, school board, board of
county commissioners, etc.) must pass a resolution stating that the grantee will operate
the program funded by this grant throu�hout the ownership of the building or until there
is no lon�er a public need for this program. A majority of the members of the official
board must vote affirmatively for the resolution.
If the local unit of govemment determines that there is no lon�er a need for this program,
a public meetin� must be held to provide opporunity for the public to give advice to the
.�
local unit of govemment on whether or not to discontinue the program.
�
q� s�n
C i��
96_ 500 E35 1535 518
FY Fund A�ency Orgn. Appr. Rept. Catg. IJFARS Code
//�CJ, �7:s.r7J ���0
Amount Object
TYPE OF TRANSACTION
Requisition
Purchase Order
184 544 000 -00
Vendor Number �
v��� �a� .��
Date Number Entered By
Date Number Signamre
(Individual si�ing certifies funds have been encumbered as
required by M.S. 16A.15)
GRANT AGREEMENT
END GRANT
for the
Daytods Bluff Community Recreation Center
PROJECT
TffiS AGREEMENT shall be effective as of the 4th day of Mazch, 1998, and is made and entered into by
and between the City of St. Paul through its Pazks and Recreation Deparhnent , a Charter City, (hereinafter referred
to as the "Public Entity"), and the State of Minnesota, acting ttuough iu Commissioner of Children, Families, and
Learning (hereinafrer referred to as the "State Entity").
WHEREAS, under the provisions coniained in Minnesota Statutes 47115, the Public Entity has been given
the authoriry to consh�uct and operate recreational facilities; and
WHEREAS, under the provisions contained in Minnesota Laws 1996, Chapter 463, Section 4, subdivision
2, as amended by Minnesota Laws 1997, Chapter 162, Article 2, Section 27, particulazly clause b, the State of
Minnesota has allocated One MIliion, One Hundred Fifty Thousand, Five Hundred and Seventy-Five Dollars
($1,150,575.00), which is to be given to the Public Entity as a grant to assist it in the conshuction of the
recreational faciliry as authorized by Minnesota Statutes 471.15; and
WHEREAS, the monies allocated to fund the grant to the Public Entity aze the proceeds of state general
obligation bonds authorized to be issued under Article XI, § 5(a) of the Minnesota Constitution; and
Generic GO Grant Agreement for End Grants 1 Ver - 2/2/98
.- (Gnrc GO Gmt Agrmnt-End Ln)
q � S9a
WHEREAS, the Public Entiry and the State Entity desire to set forth herein the provisions relatin� to the
�ranting of such monies and the disbursement thereof to the Public Entity.
NOW, THEREFORE, in consideration of the grant described herein, the parties herero do hereby asree as
follows:
Article I
DEFI��tITIONS
Section 1.01 Defined Terms. As used in this A�eement, the following terms shall have the meanin�s
set out respectively after each such tean (such meanings to be equally applicable to both the singulaz and plural
forms of the terms defined), unless the contents hereof specifically indicate otherwise:
A. "Agreement" - means this Grant A�eement for the Dayton's Bluff Communiry Recreation Centec
Project.
;
.:
B. "Commissioner's Order" - means that certain "Order Amending Order of the Commissioner of
Finance Relating to Use and Sale of State Bond Financed Property" executed by the Finance Commissioner
on July 20, 1995.
C. "Declazation" - means a decfazation in substantially the sazne form as Attachment A attached
hereto, indicating that the Public Entity's interest in the Real Property and, if applicable, the Facility aze bond
£manced property within the meaning of the G.O. Compliance Legislation, and is subject to certain
restrictions imposed thereby.
D. "Event of Default" - means those evenu delineated in Section 2.05 hereinbelow.
E. "Facility" - means, if applicable, the Dayton's Bluff Community Recreation Center, which is
�
located, or will be consh'ucted and located, on the Real Property.
F. "Fair Mazket Value" - means; (i) the price that would be paid by a willing and qualified buyer to a
willing and qualified seller as determined by an appraisal which assumes that any and all mortgage liens or
encumbrances on the property being sold, which negatively effect the value of such property, will be
released, or (ii) the price bid by a purchaser under a public bid procedure after reasonable public notice, with
the proviso that any and all mortgage liens or encumbrances on the property being sold, which negatively
effect the value of such property, will be released at the time of acquisition by such purchaser.
G. "Finance Commissioner" - means the State of Minnesota acting through its Commissioner of
Finance, and any designated representatives thereof.
H. "G.O. Compliance Legislation" - means Minn. Stat. § 16A.695 (1996), as such may subsequently
be aznended, modified or replaced.
I. "G.O. Bonds" - means the sr:ue general ohligation honds, issued under the authority granted in
Article XI, § 5(a) of the Minnesota Constiturion, the proceeds of which aze used to fund the Grant, or any
bonds issued to refund or replace such bonds.
Generic GO Grant Agreement for End Grants
2
Ver - 2/2/98
(Gnrc GO Gmt Agrmnt-End Ln)
q�-s�o
J. "Grant" - means a �rant of monies from the State Entity to the Public Entiry in an amount of
One Million, One Hundred Fifty Thousand, Five Hundred and Seventy-Five Dotlazs (�1,150,575).
K. "IRS Code" - means the Internal Revenue Code of 1986, as aznended from time to time, and all
treasury re�ulations, revenue procedures and revenue rulings issued pursuant ihereto.
L. "Project" - means the acquisition of an interest in and, if applicable, the improvement of the Real
Properry, and, if applicable, the acquisition, improvement, renovation, rehabilitation, and/or new construction
of the Facility, all as specified in Section 2.02 hereinbelow.
M. "Public Entity" - means City of St. Paul, a Charter City.
N. "Real Proper[y" - means that certain real property located in the County of Ramsey, State of Minnesota, legally descri
O. "State Entity" - means ffie State of Minnesota, acting through its Commissioner of Children,
Families, and Leaming.
P. "Use Contract" - means a lease, management contract or other similaz conuact between Public
Entity and any other entiry, and which involves or relates to the Real Property and, if applicable, the Facility.
Q. "Usee" - means the entity which the Public EntiTy contracts with under a Use Contract.
Article II
GRANT
Section 2.01 Grant of Monies. The State Entity shall issue the Grant to the Public Entity, the proceeds
of which shall be disbursed in accordance with the provisions contained hereinbelow. The parties hereto do agree
and acknowledge that the Grant is not intended to 6e a loan of monies in any form or manner.
Section 2.02 Use of Grant Proceeds. The Public Entity shall use the proceeds of the Grant to;
(Check all appropriate boxes.)
� Acquire £ee simple title to the Real Property;
� Acquue a leasehold interest in the Real Property;
� Acquire an easement on the Real Property;
� Improve the Real Property,
� Acquire the Facility,
X❑ Improve the Facility,
� Renovate or rehabilitate the Facility,
I�I
❑�
Newly Conshvct the Facility,
Generic GO Grant Agreement for End Granu
3
Ver - 2/2/98
(Gnrc GO Gmt Agrmnt-End Ln)
ak'Sq�
in such a manner as will allow the Real Property and, if appficable, the Facitity to be operated in the manner
specified in Section 2.03 hereinbelow.
Section 2.03 Operation of the Real Property and the Facility. The Public Entity sha11 operate the Real
Property and, if applicable, the Facility, or cause it to be operated, as the Daytods Bluff Community Recreation
Center, in the manner specified in the Public Entiry's proposal for the �ant as contained in Attachment D, as the
same may from time to time be amended or modified with the consent of all of the parties hereto or for such othe�
use as the legislature may from time to time designate, and may enter into Use Contracts with Usees to so operate
the Real Properiy and, if applicable, the Facility; provided that such conuacu have been approved, in writing, by the
State Entity and the Finance Commissionec The Public Entity shall also annually determine that the Real Property
and, if applicable, the Facility aze being so used, and shall supply a statement, sworn to before a notary public, to
such effect to both the State Entity and the Finance Commissioner.
With respect to any pro�am which will be operated in the Real Property and, if applicable, the Facility, the
Public Entity covenants with, and represents and wazrants to, ffie State Entity that (i) it has the ability and a plan to
fund the program which will be operated on the Rea] Property and, if applicable, in the Facility, (ii) it demonstrated
such ability and supplied such p(an to the State Entiry prior to the execution of this Agreement, and (iii) it will not
enter into a Use Contract with a Usee unless such Usee has demonstrated to the State Entity that it has the abiliry
and a plan to fund the program which Usee intends on operating on the Real Property and, if applicable, in the
Facility.
Section 2.04 Public Entity Representations and Warranties. The Public Entity further covenants
with, and represenu and warrants to the State Entity as follows:
A. It has legal authority to enter into, execute and deliver this Agreement and the Declaration, and it
has taken all actions necessary and incident to its execution and delivery of such documents.
B. This Agreement, the Declazation, and any and all other documents referred to herein aze the legal,
valid and binding obligations of the Public Entity enforceable against the Public Entity in accordance with
their respective ternts.
C. It will comply with all of the terms, conditions, provisions, covenants, requiremenu, and/or
warranties contained in this Ageement, the Declazation, the G.O. Compliance Leaislation, and the
Commissioner's Order.
D. It has made no material false statement, or misstatement of fact, in connection with iu receipt of
the Grant, and all of the information it previously submitted to the State Entity, or which it will submit to the
State Enrity in the future, relating to the Grant or the disbursement of any of the proceeds of the Grant, is and
will be true and correct. �
E. It is not in violation of any provisions of its charter, or of the laws of the State of Minnesota, and
there aze no actions, suits, or proceedings pending, or to iu knowledge threatened, before or by any judicial
body or govemmental authority, against or effecting it relating to the Real Property and, if applicable, the
Generic GO Grant Agreement for End Grants 4 Ver - 2/2/98
. (Gnrc GO Gmt Agrmnt-End Ln)
a°
Rr
Facility, and it is not in default with respect to any order, writ, injunction, decree, or demand of any court or
any governmental authoriry which wouid impair iu ability to enter into this A�reement and the Declaration,
or to perform any of the acts required of it in this A�reement and the Declazation.
F. Neither the execution and delivery of this A�reement or the Declaration, nor compliance with any
of the terms, conditions, requ'uemenu, or provisions contained herein, is prevented 6y, is a breach of, or wi11
result in a breach of, any term, condition, or provision of any a�reement or document to which it is now a
party, or by which it is bound.
G. It will use the proceeds of the Grant only for the followin� purpose(s):
(Check all appropriate boxes.)
� Acquisiuon of fee simple title to the Real Properry;
� Acquisition of a leasehold interest in the Reai Properry;
� Acquisition of an easement on the Real Property;
I�J
I�I
Improvement of the Real Property,
Acquisition of the Facility,
�X Improvement of the Facility,
� Renovation or rehabilitation the Facility,
� New Construction the Facility,
❑
AIl of such has been, or will be, done in such a manner as will allow the Real Property and, if applicable, che
Facility to be operated in the manner specified in Section 2.03 hereinabove.
H. The contemplated use of the Real Property and, if applicable, the Facitiry will not violate any
applicable zoning or use statute, ordinance, building code, rule or regulation, or any covenant or agreement
of record, relating thereto.
I. The Pro}ect was, or will be, performed and c�mpleted in compliance with all applicable laws,
statutes, tules, ordinances, and regulations issued by any federal, state, or local political subdivisions havin�
jurisdiction over the Project.
J. Ail applicable licenses, permits and bonds required for the performance and completion of the
Project were, or will be, obtained.
K. It will operate, maintain, and manage the Real Property and, if apptica6le, the Facility in
compliance with all applicable laws, statutes, rules, or-'_-inances, and regulations issued by any federal, state,
or loca] polirical subdivisions having jurisdiction over the Real Property and, if applicable, the Faciliry.
Generic GO Grant Agreement for End Grants
Ver - 2/2/98
(Gnrc GO Gm[ Agrmnt-End Ln)
a�r s� °
L. It has the following interest in the Real Property and, if applicable, the Facility, and, in addition,
will possesses any and all easemenu necessary for the operation, maintenance and management of the Real
Property and, if applicable, the Facility in the manner specified in Section 2.03 hereinabove:
(Check the appropriate box.)
I�I
�
�■�
Fee simple title to the Real Property, and if applicable, the Facility;
lona as the expected useful life of the structures and improvements which make up the
Facility, and, if applicable, fee simple title to the Facility; or
A lease on the Rea11'roperry for a term which, if applicabie, is at least as
An easement on the Real Property and, if applicable, fee simple title to the
Facility;
and such interest shall be subject only to those easements, covenants, conditions and restrictions that will not
materially interfere with the Ptoject and the intended operation and use of the Real Properry and, if
applicable, the Faciliry, or those easements, covenanu, condiUOns and restrictions which are specifically
consented to, in writing, by the State Entity.
M. It will fully enforce the terms and conditions contained in any Use Contracts to which it is a party.
N. It will fully comply with the matching funds requirement, if any, contained in Section 5.21
hereinbelow.
O. It will use the proceeds of any insurance policies on the Facility in accordance with the provisions
contained in Section 5.01 hereinbelow.
P. It will use the proceeds of any condemnation of the Real Property and, if applicable, the Facility
in accordance with the provisions contained in Section 5.02 hereinbelow.
Q. It shall furnish such satisfactory evidence regazding the representations and warranties described
herein as may be required and requested in writing by either the State Entity or the Finance Commissioner.
Section 2.05 Event(s) of Default. Any of the following shall, upon either the State Entity or the
Finance Commissioner giving the Public Entiry thirty (30) days notice thereof, and Public Entity's failure ro cure
during such time period, constitute an Event of Default under this Agreement.
A. If, without the written consent of both the State Entity and the Finance Commissioner, any part of
the Real Property and, if applicable, the Facility ceases to be used as Dayton's Bluff Community Recreation
Center.
B. If, without the written consent of boffi the State Entity and the Fi,)ance Commissioner, the Public
Entity sells, transfers, leases, encumbers, or othenvise conveys, in any way or manner, whether voluntary,
involuntary, or by action of law, all or any part of its interest in the Real Property and, if applicabie, the
Generic GO Grant Agreemen[ for End Grancs
Ver - 2/2/98
(Gnrc GO Gmt AgrmnFEnd Ln)
�
`It-sq�
Faciliry, or amends or modifies any a�reement relatin� to such sale which had previously been so consznted
to and approved of by the Finance Commissioner.
C. If, without the written waiver of both the State Entity and the Finance Commissioner, the Public
Entiry fails to annuatly determine thaz the Reat Property and, if applicable, the Facility are bein� used as the
Dayton's Bluff Community Recreation Center as is required under Section 2.03 hereinabove.
D. If, without the written waiver of both the State Entity and the Finance Commissioner, the Public
Entity fails to annuatly suppiy the statement required under Section 2.03 hereinabove to both the State Entity
and the Finance Commissioner.
E. If, without the written waiver of both the State Entity and the Finance Commissioner, the Public
Entity fails to maintain, or cause to be maintained, fue and extended coverage insurance on the Facility in an
amount equal to the full insurab(e value thereof.
F. If, without the written waiver of both the State Entity and the Finance Commissioner, the Public
Entity fails to use the proceeds of any insurance policies on the Facility in accordance with the provisions
contained in Section 5.01 hereinbelow, or fails to cause such insurance proceeds to be so used.
G. If, without the written waiver of both the State Entity and the Finance Commissioner, the Public
Entity fails to use the proceeds of any condemnation of the Real Property and, if applicable, the Facility in
accordance with the provisions contained in Section 5.02 hereiqbelow, or fails to cause such condemnation
proceeds to be so used.
H. If the Public Entity, upon request, refuses to allow the State Entity, auditors for the State Entity,
the Legislative Auditor for the State of Minnesota, or the State Auditor for the State of Minnesota, to inspect,
audit, copy, or abstract, any and all of the Public Entiry's books, records, papers, or other documents relevant
to the Grant, or the Real Property and, if applicable, the Facility.
I. If the Public Entity refuses to allow the State Entity, after ten (10) days prior written notice, to
inspect the Real Property and, if applicable, the Facility.
J. If, without the written waiver of both the State Entity. and the Finance Commissioner the Public
Entity fails to fully enforce any term or provision contained in a Use Contract to which it is a party.
K. If the Public Entity fails to comply with the G.O. Compliance Legislation, or the Commissioner's
Order.
L. IFthe Public Entity fails to fully comply with the matching funds requirements, if any, contained
in Sec[ion 521 hereinbelow.
M. If any representation, covenant, or warranty made by the Public Entity hereunder shall prove to
have been untrue in any material respect, or materially misleading as of the time such representation,
covenant, or wazranty was made.
Generic GO Grant Agreement for End Grants
7
Ver - 2/2/98
(Gnrc GO Gmt Agrmnt-End Ln)
\'
R� S'Yo
N. If, without the written consent or waiver of both the State Entiry and the Finance Commissioner,
the Public £ntity fails to fully comply with any provision, term, condition, covenani or warranty contained in
this Agreement or the Declaration.
Section 2.06 Remedies. Upon the occurrence of an Event of Default the State Entiry or the Finance
Commissioner may exert any or all of the following remedies.
A. The State Entity may refrain from disbursing the proceeds of the Grant.
B. The Finance Commissioner, as a third party beneficiary of this Agreement, may demand that ail
of the proceeds of the Grant already disbursed to the Public Entity be returned to it, and upon such demand
the Public Entity shail retum such proceeds to the Finance Commissioner.
C. Both the State Entity and the Finance Commissioner, as a third party beneficiary of this
A�eement, may exert any additional remedies they may have in law or equity.
Section 2.07 Notification of Event of Default T'he Public Entity shall fumish to both the Sta[e Entity
and the Finance Commissioner, as soon as possible and in any event within seven (7) days afrer it has obtained
lmowledge of the occurrence of each Event of Default, or each event which with the giving of notice or lapse of
time or both would constitute an Event of Default, a statement setting forth details of each Event of Default, or
event which with the giving of notice or upon the lapse of time or both would constitute an Event of Default, and
the action which the Public Entity proposes to take with respect thereto.
Section 2.08 Termination of Grant aad Grant Agreement If the proceeds of the Grant are not fully
disbursed in accordance with the provisions contained in Article IV hereinbelow on or before 30th day of June,
2000, or such later date as the Public Entity and the State Entity may agree to in writing, then; (i) the State Entity's
obligation to disburse any remaining portion of the Grant shall terminate, and (ii) if none of the Grant has been
disbursed then this A�eement shall terminate and no longer be of any force or effect.
This Agreement shall also terminate and no longer be of any force or effect upon (i) the termination of the
Public Entity's ]easehold or easement interest in the Real Property in accordance with the tercns of such lease or
easement, or (ii) the sale of the Public Entity's interest in the Real Property and, if applicable, the Facility in
accordance with the provisions contained in Section 3.05 hereinbelow, and uansmittal of all or a portion of the
proceeds of such sale to the Finance Commissioner in compliance with the provisions contained in Section 3.06
hereinbelow. Upon such termination the State Enrity shall execute and deliver to ffie Public Entity such documents
as aze required to release the Real Property and, if applicable, the Facility, from the effect of the Declazation.
Secfion 2.09 Effect of Event of Default. If an Event of Default occurs and the Public Entity is
required to and does retum the amount specified in Section 2.06.B hereinabove to the Finance Commissioner, then
the following shall occur.
A. The Finance Commissioner shall, as soon as legally possible, use such amount to redeem the G.O.
Bonds.
Generic GO Grant Agreement for End Grants
V er - 2/2/98
(Gnrc GO Gmt Agrmnt-End Ln)
qY Sy�
B. The provisions, covenants, representations and/or warranties contained in Szctions 2.03, 2.04.G
throu�h 2.04.N, 2.OS.A, 2.OS.C, 2.OS.D, 2.O�.I, 2.05.J, 2.O�.L, 2.06.B, 3.03, 3.04, 3.OS.A, 4.01, 4.02, �.06
through 5.09, and 5.21 herein shall terminate and no lon�er be of any force or effect; provided that ail other
Sections and provisions contained in this A�reement shall survive and remain in fu11 force and effect.
C. The amount retumed by the Public Entiry shall be credited against any amount which shall be due
to the Finance Commissioner under Section 3.06 hereinbelow, and against any amount that becomes due and
payable because of any other Event of Default.
Article III
COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION
AND THE COMMISSIONER'S ORDER
Section 3.01 State Bond Financed Property. The Public Entity and the State Entity acknowledge and
agree that the Public Entity's interest in the Real Property and, if applicable, the Facility is "state bond fmanced
property", as such term is used in the G.O. Compliance Legislation and the Commissioner's Order, and, therefore,
the provisions contained in such statute and order apply to the Public Entity's interest in the Real Property and, if
applicable, the Facility and any Use Contracts relating thereto.
Section 3.02 Preservation of Tax Exempt Status. In order to preserve the tax exempt status of the
G.O. Bonds, the Public Entity agrees that during the tune period that any G.O. Bonds aze outstanding and unpaid:
A. It will not use the Real Property and, if applicable, the Facility, or use or invest any proceeds of
the Grant or any other sums treated as "bond proceeds" under § 148 of the IRS Code including "inveshnent
proceeds," "invested sinking funds," and "replacement proceeds," in such a manner as to cause the G.O.
Bonds to be classified as "azbitrage bonds" under § 148 of the IRS Code.
B. It will deposit and hold any and all proceeds of the Grant which it receives under this Agreement
into a segregated non-interest bearing account until such funds aze used for payments for the Project in
accordance with the provisions contained herein.
C. It will, upon written request, provide the Finance Commissioner an.y and all information required
to satisfy the informational requirements set forth in the IRS Code including, but not limited to, §§ 1Q3 and
148 thereof.
D. It will, upon d'uection $om the Finance Commissioner, take such actions and fiunish such
documenu as the Finance Commissioner determines to be necessary to ensure that the interest to be paid on
the G.O. Bonds is exempt from federal taration, which such action may include either; (i) compliance with
proceedings intended to classify the G.O. Bonds as a"qualified bond" within the meaning of IRC § 141(e),
(ii) chaz �ing the nature and/or terms of the Use Contract so that it complies with Revenue Procedure 93-19,
or (iii) compliance with Intemal Revenue Code provisions, regulations, or revenue procedures which amend
or supersede ffie foregoing.
Generic GO Gran[ Agreement for End GranCS 9 Ver - 2/2/98
: (Gnrc GO Gmt Agrmnt-End Ln)
9F-sqo
E. It wili not othenvise use any of the proceeds of the Grant, inctudin� eamin�s thereon, if any, or
take, or permit to or cause to be taken, any action that would adversely affect the exemption from federal
income taxation of the G.O. Bonds, nor otherwise omit, take or cause to be taken any action necessary to
maintain such tax exempt status, and if it should take, permit, omit to take, or cause to be taken, as
appropriate, any such action, it shall take all lawful actions necessary to rescind or correct such actions or
omissions, promptly upon having knowled�e thereof.
Section 3.03 Use Contracts. Each and every Use Contract which the Public Entity enters into must
comply with the following requirements:
A. It must contain a provision delineatina the statutory authority under which the Public Entiry is
enterin� into and executing the Use Contract, and must comply with the substantive and procedural
provisions of such statute.
B. It must contain a provision stating that the Use Contract is being executed and entered into in
order to carry out a specific govemmental purpose, and must delineate such governmental purpose.
C. It must be for a term, including any renewals that aze solely at the option of the Usee, that is, if
applicable, substantially less than the useful life of the structures and improvemenu which make up the
Facility, but may allow for renewals beyond the original term upon a determination by the Public Entity that
the use continues to carry out a specific govemmental purpose, and must delineate such govemmental
purpose. A term which is equal to or shorter than fifty percent (50%) of the useful life of the structures and
improvemenu which make up the Facility will meet the requirement that it be for a time period which is
substantially shorter than the useful life of the structures and improvements which make up the Facility.
D. It must contain a provision which will provide for oversigJ�t by the Public Entity. Such oversigh[
may be accomplished by way of a provision that will require the Usee to provide to the Public Entity; (i) an
initial program evaluation report, and (ii) a program budget, at least annually, showing forecast program
revenues and expenses for the next fiscal yeaz.
E. It must allow for termination by the Public Entiry in the event of a default thereunder by the Usee,
or in the event that the govemmental purpose delineated in the Use Connact is terminated or changed.
F. It must require the Usee to pay all costs of operation and maintenance of the Real Property and, if
applicable, the Faciliry, mmless the Public Entity is authorized by law to pay such cosu and agrees to pay such
costs.
G. If any monies aze to be paid to the Public Entity under the Use Contract, then it must contain a
provision requiring that each and every parry thereto shall, upon direction by rhe Finance Commissioner, take
such actions and fumish such documents to the Finance Commissioner as it determines to be necessary to �
ensure that the interest to be paid on the G.O. Bonds is exempt from federal income taxation.
Generic GO Grant Agreement for End Granu 10 Ver - 2/2/98
_ (Gnrc GO Gmt Agrmnt-End Ln)
�� S9 °
H. It must be approved, in writin„ by the Finance Commissioner, and any proposed Use Connact
which is not approved, in wri[in„ by the Finance Commissioner shall be null and void and of no force or
effect.
L If the amount of the Grant exceeds Two Hundred Thousand and No/100 Dollazs (5200,000.00),
then it must contain a provision requiring the Usee, for one yeaz from the date of the Use Contract, to list any
vacant or new positions it may have with job services of the Commissioner of Economic Securiry for the
State of Minnesota, or the local service uniu, as required by Minn. Stat. § 268.66 Subd. I(1996), as such
may subsequently be amended, modified or replaced.
Section 3.04 Receipt of Monies Under a Use Contract If the Public Entity receives any monies
under a Use Contract, then a portion of such monies in excess of the amount the Public Entity needs, and is
authorized to use, to pay the operating expenses of the Real Proper[y and, if applicable, the Facility, or to pay the
principal, interest, tedemption premiums, and other expenses on debt related to the Real Property and, if applicable,
the Facility, other than the debt on the G.O. Bonds and debt for which the Public Entity has no financial liability,
� must be paid by the Public Entity to the Finance Commissioner. The portion of such excess monies that the Public
Entity shall pay to the Finance Commissioner shall be determined and established by the Finance Commissioner,
and, absent circumstances which would indicate otherwise, such portion shall be determined by multiplying such
excess amount by a&action the numerator of which is the amount of G.O. Bonds, and the denominator of which is
the total principal amount of ail public debt financing incurred with respect to the Real Property and, if applicable,
the Facility other than public debt issued by a public entity for which it has no fmancial liabiliry.
Section 3.05 Sale. The Public Entity may not, and shall not, sell its interest in the Real Property or, if
applicable, the Facility unless all of the following provisions have been fully comptied with.
A. The Public Entity determines, by officia] action, that it is no ]onger usable or needed as the
Dayton's Bluff Community Recreation Center.,
B. The sale is made as authorized by law.
C. The sale is for Fair Mazket Value.
D. The written consent of the Finance Commissioner has been obtained.
The acquisirion of the Public Enrity's interest in the Real Property and, if applicabie, the Faci]ity at a
foreclosure sale, acceptance of a deed-in-lieu of foreclosure for the Public Entity's interest in the Real Property and,
if applicable, the Facility, and/or enforcement of a security interest in personal property used in the operation of the
Real Property and, if applicable, the Faciliry, by a lender that has provided monies for the acquisition of the Public
Entity's interest in and/or bettermen: of the Real Property and, if applicable, the Facility shall not be considered a
sale for the purposes of this Agrcement if after such acquisiuon the lender operates the Real Property and, if
applicable, the Facility in a manner which is not inconsistent with the govemmental program specified in Section
2.03 hereinabove and such lender uses its best efforts to sell the acquired interest in the Real Property and, if
applicable, the Facility to a third party for Fair Market Value. The ultimate sale and/or disposition of the acquired
Generic GO C:rant Agreement for End Grnnts 11 V er - 2/2/98
(Gnrc GO Gmt Agrmnt-End Ln)
aF-sqo
interest in the Real Properry and, if applicable, the Facility by the lender shall be deemed to be a sale for the
purposes of this A�reement, and the proceeds thereof shall be disbursed in accordance with the provisions contained
in Section 3.06 heteinbelow.
Section 3.06 Proceeds of a Sale. Upon the sale of the Public Entity's interest in the Real Property and,
if applicable, the Faciliry the net proceeds thereof shall be disbursed in the following manner and order.
A. The fust distribution from such net proceeds shall be to the Finance Commissioner in an amount
equal to the amount of the Grant, and if the amount of such aet proceeds shall be less than the amount of the
Grant then all of such net proceeds shall be distributed to the Finance Commissioner.
B. The remaining portion of such net proceeds, afrer the distribution specified in Section 3.06.A
hereinabove, shail be distributed to pay in full any outstandin� public or private debt incurred to acquire the
Public Entity's interest in or betterment of the Real PropeRy and, if applicable, the Faciliry.
C. The remaining portion of such net proceeds, after the dis�ibutions specified in Sections 3 A6.A &
B hereinabove, shall be divided and dish�ibuted in proportion to the shazes contributed to the acquisition of
the Public Enrity's interest in or betterment of the Real Property and, if applicable, the Facilities by public and
private entiues, inciuding the State Entity but not including any private entiry that has been paid in full, that
supplied funds in either real monies or like kind contributions for such acquisition and betterment, and the
State Entity's distribution shall be made to the Finance Commissioner. Such public and private entities may
agree amongst themselves as to any redistribution of such disuibuted &nds.
The Public Entity shatl not be required to pay or reimburse the State Entity for any funds above and beyond
the full net proceeds of such sale, even if such net proceeds aze less than the amount of the Grant, and are
insufficient to redeem or defease the outstanding G.O. Bonds.
Section 3.07 Changes to G.O. Compliaace Legislation or the Commissioner's Orde❑ In the event
that the G.O. Compliance Legislation and/or the Commissioner's Order aze amended in a manner which reduces any
requirement imposed against the Public Entity, or if the Public Entiry's interest in the Real Property and, if
applicable, the Facilit}� is exempted from the G.O. Compliance Legislation and the Commissioner's Order, then the
State Entity shall, upon written request by the Pubiic Entity, enter into and execute an amendment to this Agreement
to implement herein such amendment to, or exempt the Public Entity's interest in the Real Property and, if
applicable, the Faciliry from, the G.O. Compliance Legislation or the Commissioner's Order.
Article IV
DISBURSEMENT OF GRANT PROCEEDS
Section 4.01 Disbursement of Grant. L3pon compliance with the conditions delineated in Section 4.02
hereinbelow, the State Entiry shall disburse the entire proceeds of the Grant to the Public Entity.
Section 4.02 Condition Precedent to Disbursement of Grant. The obligation of the State Entity to
disburse the proceeds of the Grant to the Public Entity is subject to the condition precedent that the State Entity
shall have received the following on or before`the date of such disbursement:
Generic GO Grant Agreement for End Grants
12
Vec - 2/2l98
(Gnrc GO Gmt Agtmnt-End Ln)
q�-S4°
A. The Declaration duly executed by the Public Entity and duly recorded in the appropriate office.
with all of the recording information displayed thereon.
B. Evidence that (i) the Pubtic Entity has Iegal authority to and has taken all actions necessary• to
enter into this A�reement and the Declaration, and (ii) this Agreement and the Declazation aze duly bindin�
on and enforceabie a�ainst the Public Entiry.
x
C. A draw requisition, duly execured on behalf of the Public Entity; (i) describin�, in detait, what the
proceeds of the Grant will be used to pay for (i.e. acquisirion, improvement, renovation, rehabilitation, or
new consh�uction), and (i� containing a ceRification that the value of such work or activity is equal to or
gteater than the amount of the proceeds of the Grant.
D. Evidence that the Public Entity currently has, or will use the proceeds of the Grant to acquire,
either (i) fee simple title to the Real Property and, if applicable, fee simple title to the Facility, (ii) a lease of
the Real Property for a term which, if appficable, is at least as long as the expected useful life of the
structures and improvements which aze part of the Facility and, if applicable, fee simple title to the Facility,
or (iii) an easement on the Real Property and, if applicable, fee simple title to the Facility.
E. If the Project involved the improvement, renovation, rehabilitation, or new construction of the
Real Property and, if applicable, the Facility, then evidence that; (i) such improvement, renovation,
rehabilitation, or new construction was performed in a manner that will allow for the Real Property and, if
applicable, the Facility to be operated in the manner specified in Section 2.03 hereinabove, and (ii) all
required building permiu and other permits for such improvement, renovation, rehabilitation or new
construction were obtained.
F. A"Certificate of Occupancy" from the applicable local municipality, or such other type or form
of certificate as is customarily issued by such municipality, indicating that the Real Property and, if
applicabie, the Facility may be occupied, used and operated in the manner specified in Section 2.03
hereinabove.
G. Evidence that the Real Property and, if applicable, the Facility and the contemplated use thereof
aze permitted by and comply with all applicable use or other restrictions and requirements imposed by
applicable zoning ordinances ot regulations, and have been duly approved by the applicable municipal or
govemmental authorities having jurisdiction.
H. Evidence that all appiicable and required permits, bonds and licenses necessary for the operation
of the Real Property and, if applicable, the Facility in the manner specified in Section 2.03 hereinabove have
been paid for and 'usued, other than those permits, bonds and licenses which may not lawfully be obtained
until a future date and/or those permiu, bSnds and licenses which in the ordinary course of business would
normally not be obtained unril a later date.
I. Evidence that the policies of insurance required under Section 5.01 hereinbelow aze in full force
and effect.
Generic GO Grant Agreement for End Grants
13
Ver - 2/2/98
(Gnrc GO Gmt Agrmnt-£nd Ln)
� �. s1a
J. Evidence of compliance with the provisions and requirements specified in Section 5.09
hereinbelow, and any and all additional applicable provisions and requirements contained in Minn. Stat. §
16B.335 (1996), as such may subsequently be amended, modified or replaced.
K. Evidence that the Public Entity has the abiliry and a plan to fund the pro�ram which wiil be
operated on the Real Property and, if applicable, in the Faciliry.
L. Evidence that the Public Entity has fully complied with the matching funds requirements, if any,
contained in Section 5.21 hereinbelow.
builders risk insurance and standazd fue and extended coverage insurance on the Facility in an amount equal to the
full insurable value thereof, and shall name the State Entity as loss payee thereunder. If the Pubiic Entity elecu, if
applicable, to maintain general comprehensive liability insurance on the Facility, then the Public Entiry shall have
the Finance Commissioner named as an addiHonal named insured therein. At the written request of either the State
Entity or the Finance Commissioner, the Public En6ry shali promptly fwnish to the requesting entity all written
MISCELLANEOUS
Section 5.01 Insurance. The Public Entity shail, if applicable, maintain, or cause to be maintained,
+
notices and all paid premium receipts received by the Public Entity regazding such required insurance, or certificates
of insurance evidencing the existence of such required insurance.
If damages which aze covered by the insurance required hereinabove occurs to the Facility, then the Public
Entity shall, at iu sole option and discretion, either (i) use the insurance proceeds, or cause the inswance proceeds to
be used, to fully or partially repair such damage and to provide, or cause to be provided, whatever additional funds
which may be needed to fully oz partiaIly repair such damage, or (ii) sell its interest in the Real Property and the
damaged Facility in accordance with the provisions contained in Section 3.05 hereinabove. If the Public Entity
elects to only partially repair such damage, then the poction of the insurance proceeds which are not used for such
Article V
repair shall be applied in accordance with the provisions contained in Section 3.06 hereinabove as if the Public
Entity's interest in the Real Prooecry and the Facility had been sold, and such amounts shall be credited against the
amounts due and owing under Section 3.06 upon the ultimate sale of the Public Entity's interest in the Real Property
and the Facility. If the Public Entity elects to sell its intecest in the Real Propercy and the damaged Facility, then
such sale must occur within a reasonable time period from the date the damage occurred and the cumulative sum of
the insurance proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained
in Section 3.06 hereinabove, with the insurance proceeds being so applied within a reasonable time period from the
date they aze received by the Public Entity.
The State Entity will, as loss payee under the insurance requued hereinabove, assign or pay over to the Public
Entity any and all insurance proceeds it receives so that the Public Entity can comply with the requirements which
this Section imposes upon the Public Entiry as to the use of such insurance proceeds.
Generic GO Grant A�eement for End Grants
14
Ver - 2/2/98
(Gnrc GO Gmt Agrmno-End Ln)
1�_ 5'�fl
Section 5.02 Condemnation. If all or any poRion of the Real Properry and, if applicable, the Faciliry is
condemned to an extent that the Public Entity can no longer comply with the provisions contained in Section 2.03
hereinabove, then the Public Entity shall, at iu sole option and discretion, either (i) use the condemnation proceeds,
or cause the condemnation proceeds to be used, to acquire an interest in additional real property needed for the
Public Entiry to continue ro comply with the provisions contained in Section 2.03 hereinabove and, if applica6te, to
fully or partially restore the Facility and to provide, or cause to be provided, whatever additional funds which may
be needed for such purposes, or (ii) sell the remaining portion of iu interest in the Real Property and, if applicable,
the Facility in accordance with the provisions contained in Section 3.05 hereinabove. Any condemnation proceeds
which aze not used to acquire an interest in additional real property or to restore, if applicable, the Facility shatl be
applied in acwrdance with the provisions contained in Section 3.06 hereinabove as if the Public En[ity's interest in
the Real Property and, if applicable, the Facility had been sold, and such amounu shall be credited against the
amounts due and owing under Section 3.06 upon the ultimate sale of the Public Entiry's interest in the Real Property
and, if applicable, the Facility. If the Public Enrity elects to sell the portion of iu interest in the Real Properry and, if
applicable, the Facility which remains after the condemnation, then such sale must occur within a reasonable time
period from the date the condemnation occurred and the cumulative sum of the condemnation pmceeds plus the
proceeds of such sale must be applied in accordance with the provisions contained in Secuon 3.06 hereinabove, with
the condemnation proceeds being so applied within a reasonable time period from the date they aze received by the
Public Entity.
The State Entity will, as recipient of any of condemnation awazds and/or proceeds referred to hereinabove,
disclaim, assign or pay over to the Public Entity any and all of such condemnation awazds andlor proceeds it
receives so that the Public Entity can comply with the requirements which this Section imposes upon the Public
Entity as to the use of such condemnation awazds and/or proceeds.
Section 5.03 Records Keeping and Reporting. The Public Entity shall maintain, or cause to be
maintained, books, records, documenu and other evidence pertaining to the cosu or expenses associated with the
operation of the Project, and compliance with the requiremenu contained in this Aereement, the Declaration, the
G.O. Compliance Leoislation, and the Commissioner's Order, and upon request shail atlow, or cause the entity
which is maintaining such items to allow, the Siate En6ty, auditors for the State Entity, the Legislative Auditor for
the State of Minnesota, or the State Auditor for the State of Minnesota, to inspect, audit, copy, or abstract, any and
all of iu books, records, papers, or other documents relevant to the Grant. The Public Entity shall use, or cause the
entity which is maintaining such books and records to use, generally accepted accounting principles in the
maintenance of such books and records, and shall retain, or cause to be retained, all of such books, records,
documenu and other evidence for a period of five (5) y:°azs from the date that the Facility is fully compieted and
placed into operation.
Generic GO Grant Agreement for End Grants
1$
Ver - 2/2/98
(Gnrc GO Grnt Agrmno-End Ln)
qf -���°
Section 5.04 Inspection of Facility. The Public Entity shall, upon request, allow, and will require any
entity to whom it leases, subleases, or enters into a Use Agreement for any portion of the Real Property and, if
applicable, the Faciliry to allow, rhe State Entiry to inspect the Real Property and, if applicabie, the Faciliry.
Section 5.05 Data Practices. The Public Entity a�rees, with respect to any data which it possesses
regazding the Grant, the Project, or the Real Property and, if applicable, the Facility, to comply with all of the
provisions and restrictions contained in the Minnesota Govemment Data Practices Act contained in Chapter 13 of
the Minnesota Statutes, as such may be amended, modified or replaced. The Public Entity further a�rees to
indemnify, save, and hold the State Entity, the Finance Commissioaer, and the State of Minnesota, their a�enu and
employees, hazmless from all ciaims arising out of, resuiting from, or in any manner aqsibutable to any violation by
the Public Entity, iu officers, employees, or agents, or by any Usee, iu officers, employees, or a�enu, of any
provision of the Minnesota Govemment Data Pracrices Act, including legal fees and disbursements paid or incurred
to enforce the provisions coniained in this Section.
Section 5.06 Non-Discrimination. The Pu61ic Entity agrees to not engage in discricninatory
employment practices with respect to the Project and the operation and/or management of the Real Property and, if
applicable, the Facility, and it shall, with respect to such activities, fully comply with all of the provisions contained
in Minn. Stat. §§ 363.03 & 181.59 (1996), as such may subsequently be amended, modified or replaced.
Section 5.07 Worker's Compensation. The Public Entity agrees to fully comply with all of the
provisions relating to worke�s compensation contained in Minn. Stat. §§ 176.181 Subd. 2, & 176.182 {I996}, as
such may subsequently be amended, modified or replaced, with respect to the Project and the operation and/or
management of the Real Property and, if applicable, the Facility.
Section 5.08 Antitrust Claims. The Public Entity hereby assigis to the State Entity and the Finance
Commissioner any and all claims it may have for over chazges az to goods and/or services provided in conjunction
with the Project and the operation andlor management of the Real Property and, if applicable, the Facility which
azise under the antitrust laws of the State of Minnesota or of the United States of America.
Section 5.09 Review of Plans and Cost Estimates. The Public Entity and the S[ate Entiry agree to
comply with all of the applicable provisions and requ'uements contained in Minn. Stat. § 16B335 (1996), as such
may subsequently be amended, modified or replaced, for the Project, and in accordance therewith the Public Entity
and the State Entity agree to comply wiffi the following provisions and requirements.
A. The Public Entity shall provide any and all information which the State Entity may request in
order for the State Entity to determine that the Project will comply with the provisions and requiremenu
contained in Minn. Stat. § 16B335 (1996), as such may subsequently be amended, modified or replaced.
B. The Public Entity shall, prior to iu proceeding with design activiues for the Project, prepaze a
predesign package and submit it to the Commissioner of Administration for the State of Minnesota for review
and co[nment. Such predesign package must be sufficient to define the scope, cost, and projected schedule
for the Project, and must demonsh�ate that the Project has been analyzed according to appropriate space and
Generic GO Grant Agreement for End Grants 16 Ver - 2/2/98
: (Gnrc GO Gmt Agannt-End Ln)
Q y Sqo
needs standazds. Any substantial changes to such predesign package must be submitted to the Commissioner
of Administration for the State of Minnesota for review and comment.
C. If the Project inciudes the construction of a new building, substantial alteration of the exterior
dimensions or interior confi�uration of an existin� building, or the acquisition of an interest in land, then the
Public Entity shall not prepaze fmal plans and specifications until it has prepazed a pro�ram pian and cost
estimates for all elemenu necessary to complete the Project and presented them to the Chairs of the
Minnesota State Senate Finance Committee and Minnesota House of Representatives Ways and Means
Committee and such chairs have made their recommendations, and it has notified the Chair of the Minnesota
House of Representatives Capital Investrnent Committee. Such program plan and cost estimates must note
any significant changes in the work to be performed on the Project, or in its cosu, which have azisen since the
appropriation for the Project was enacted or which differ from any predesign submittal.
Provided, however, the provisions and requirements contained in this Section 5.09.0 shall not apply to
the construction, renovation, or improvemenu to dams, highway rest azeas, truck stations, storage facilities
not consisting primarily of offices or heated work azeas, trails, bike paths, sewer separation projects, water
and wastewater facilities, campgrounds, roads, bridges, or any other capital project with a construction cost
of less than Two Hundred Thousand and No/100 Dollazs ($200,000.00).
D. The Puhlic Entiry must notify the Chairs of the Minnesota State Senate Finance Committee, the
Minnesota House of Representarives Capital Investrnent Committee and the Minnesota House of
Representatives Ways and Means Committee of any significant changes to the program plan and cost
estimates referred to in Section 5.09.0 hereinabove.
E. The prograni plan and cost estimates referred to in Section 5.09.0 hereinabove must ensure that
the Project will comply with ail applicable energy conservation standards contained in law, including Minn.
Stat. §§ 216C.19 to 216C.21 (1996), as such may subsequently be amended, modified or replaced.
F. If any of the proceeds of the Grant aze to be used for the construction or remodeling of the
Facility, then both the predesign package refeaed to in Section 5.09.B hereinabove and the program plan and
cost estimates referred to in Section 5.09.0 hereinabove must include provisions for cost-effective
information technology invesRnents that will enable the occupant of the Facility to reduce its need for office
space, provide more of iu services electronically, and decentralize its operations where such provisions aze
deemed necessary by the Information Policy Office of the Depamnent of Administration for the State of
Minnesota.
G. If the Project does not involve the construction of a new building, the substantial alteration of
the exterior dimensions or interior configuration of an existing bui;ding, or the acquisiuon of an interest in
land, then prior to beginning work on the Project the Public Entity shall just notify the Chairs of the
Minnesota State Seoate Finance Committee, the Minnesota Aouse of Representatives Capital Inves�nent
Generic GO Grant Agreement for End Grants 17 Ver - 2/2/98
(Gnrc GO Gmt Agrmnt-End Ln)
9d'r
Committee and the Minnesota House oFRepresentatives Ways and Means Committee that the work to be
performed is ready to begin.
H. The Project must be; (i) completed in accordance with the program plan and cost estimares
referred to in Section 5.09.0 hereinabove, (ii) completed in accordance with the time schedule contained in
the program plan referred to in Section 5.09.0 hereinabove, and (iii) completed within the bud�ets contained
in the cost estimates referred to in Section 5.09.0 hereinabove.
I. The proceeds of the Grant will not be disbursed until (i) the predesi� packa�e referred to in
Section 5.09.B hereinabove has been reviewed by and received a favorable cecommendation from the
Commusioner of Adminisu�ation for the State of Minnesota, (ii) the progazn plan and cost estnnates referred
to in Section 5.09.0 hereinabove have received a recommendation by the Chairs of the Minnesota State
Senate Finance Committee and Minnesota House of Representatives Ways and Means Committee, and (iii)
the Chair of the Minnesota House of Representatives Capital Investment Committee has been notified
pursuant to Section 5.09.G hereinabove.
Section 5.10 Prevailing Wages. The Public Entity agees to comply with all of the applicable
provisions contained in Chapter 177 of the Minnesota Statutes, and specifically those provisions contained in Minn.
Stat. §§ 177.41 through 177.43 (1996), as such may subsequently be amended, modified ot replaced.
Section 5.1 I Liability. The Public Entity and ffie State Entity do both agree that they will be
responsible for the'u own acts and the resulu thereof to the extent authorized by law, and they shall not be
responsible for the acts of the other pazty and the results thereof. The Public Entity acknowledges and a�rees that
the ]iability of both the State Entity and the Finance Commissioner is governed by the provisions contained in Minn.
Stat. § 3.736 (1996), as such may subsequently be amended, modified or replaced. The State Entity does also
acknowledge that the tiability of the Public Entiry is govemed by the provisions contained in Chapter 466 of the
Minnesota Statutes), as such may subsequently be amended, modified or replaced.
Section 5.12 RetationshiQ of the Parties. Nothing contained in this Agreement is intended or should
be construed in any manner as creating or establishing the relationship of co-partners or a joint venture between the
Public Entity, the State Entity, or the Finance Commissioner, nor shall the Public Entity be considered or deemed to
be an agent, representative, or employee of either the State Entity, the Finance Commissioner, or the State of
Minnesota in the performance of this Agreement, the completion of the Project, or operation of the Real Property
and, if applicable, the Facility.
The Public Entiry represents that it has already secured, or will secure or cause to be secured, all personnel
andJor persons required for ihe performance of this Agreement and the completion of the Project. Any and all
` personnel of the Public Entity, or other persons, while engaging in the performance of this Agreement, the
completion of the Project, or the operation and/or maintenance of the Real Property and, if applicable, the Facility,
shall not have any contractual relationship with either the State Entity, the Finance Commissioner, or the State of
Minnesota, and shall not be considered emgloyees of any of such entities. In addition, any and all clauns that may
Generic GO Grant Agreement for End Grants 1$ Ver - 2/2/98
�� (Gnrc GO Grnt Agrmnt-End Ln)
`[F s��'
or mi�ht azise on behalf of said personnel or other persons while so enga�ed arisin� out of employment, or alle�ed
employment, includin�, but not limited to, claims under the Workers' Compensation Act of the State of Liinnesota,
claims of discrimination a�ainst the Public Entiry, its officers, agents, con�actors, or employees sha11 in no way be
the responsibiliry of either the State Entity, the Finance Commissioner, or the Srate of Minnesota. Such personnel
or other persons shall not require nor be entitled to any compensation, righu or benefiu of any kind whatsoever
from either the State Entiry, the Finance Commissioner, or the Srate of Minnesota, includin„ but not limited to,
tenure rights, medical and hospital caze, sick and vacation leave, Worken' Compensation, Unemployment
Compensation, disability benefus, sevemnce pay and retuement benefits.
Section 5.13 Notices. In addition to any notice required under applicable law to be given in another
manner, any notices requued hereunder must be in writing, and shall be sufficient if personally served or sent by
prepaid, registered, or certified mail (return receipt requested), to the business address of the pazty to whom it is
directed. Such business address shall be that address specified hereinbelow, or such different address as may
hereafter be specified, by either party by written notice to the other:
To the Public Entity at:
City of St. Paul, through its Pazks and Recreation Department
300 City Hall Annex
St. Paul, MN 55102
Attention: Superintendent
To the State Entity at:
Minnesota Department of Children, Families, and Leaming
711 Capitol Squaze Building
550 Cedaz Street, St. Paul, MN 55101
Attention: John Hustad, Deputy Commissioner
To the Finance Commissioner at:
Minnesota Department of Finance
4Q0 Centennial Office B(dg.
658 Cedaz St.
St. Paul, MN 55155
Attention: Commissioner of Finance
Section 5.14 Assignment or Modification. This Agreement and the Declazation shall be bindin� upon
and inure to the benefit of the Public Entiry and the State Entity, and their respective successors and assi�s.
Provided, however, that neither the Public Entity nor the State Entity may assi� any of its rights or obligations
under this Agreement or the Declaration without the prior written consent of the other party. No change or
modifica6on of the terms or provisions of this Ageement or Declaration shall be binding on eivSer the Public Entity
or the State Entiry unless such change or modification is in writing and signed by an auttrorized official of the party
against which such change or modification is to be imposed.
Generic GO Grant Agzeement for End Grants
19
Ver - 2/2/98
(Gnrc GO Gmt AgrmnhEnd Ln)
q�-s�
Sectioa �.15 Waivea Neither the failure by the Public Entity, the Stare Entity, or the Finance
Commissioner, as a third party beneficiary of this Agreement, in any one or more instances, to insist upon the
complete and totai observance or performance of any term or provision hereof, nor the failure of the Public Entity,
the State Entity, or the Finance Commissioner, as a third party beneficiary of this A� eement, to exercise any ri�ht,
privile�e, or remedy conferred hereunder, or afforded by law, shall be construed as waivin� any breach of such
ternt, provision, or the ri�ht to exercise such ri�ht, privile�e, or remedy thereafrer. In addition, no delay on the part
of either the Public Entity, the State Entity, or the Finance Commissioner, as a third party beneficiary of this
Agreement, in exercising any right or remedy hereunder shalt operate as a waiver thereof, nor shall any single or
partial exercise of any right or remedy preclude other or further exercise thereof, or the exercise of any other ri�ht
or remedy.
Section S.lb Entire AgreemenL This Ageement and the Declazation embody the entire agreement
between the Public Entity and the State Entity, and there aze no other a�eements, either oral or written, behveen the
Public Entity and the State Entity on the subject matter hereof.
Section 5.17 Choice of Law and Venue. All matters, whether sounding in tort or in conuact, relating
to the validity, construction, performance, or enforcement of this Agreement or the Declaration shali be conttolled
by and detertnined in accordance with the laws of the State of Minnesota. Public Entity agrees and consenu that all
legal actions initiated with respect to or arising from any provision contained in this Ageement shall be initiated,
filed and venued in the State of Minnesota District Court located in the City of St. Paul, County of Ramsey, State of
Minnesota.
Section 5.18 Severability. If any term or provision of this Agreement is fmally judged by any court to
be invalid, the remaining terms and provisions shall remain in full force and effect, and they shall be interpreted,
performed, and enforced as if said invalid provision did not appeaz herein.
Section 5.19 Time of Essence. Time is of the essence with respect to all of the matters contained in
this Agreement.
Section 5.20 Counterparts. This Agreement may be executed in any,number of counterparts, each of
which, when so executed and delivered, shall he an original, 6ut such counterparts shall together constitute one and
the same instrument.
Section 5.21 Matching Funds. The Public Entity must obtain and supply the following matching
funds, if any, for the completion of the Project:
A. The Public Entity shall provide matching funds in the amount of one dollaz ($1.00) from local
sources for each two dollars ($2.00) of state grant funds.
B. � The Public Entity may provide in-kind con�iburions of facilities for all or any part of its requ'sed
match.
C. The value of any in-kind contributions by the Public Entity shall be determined by the Finance
Commissioner. -
Generic GO Grant Agreement for End Grants 2� Ver - 2/Z/98
(Gnrc GO Gmt Agrmnt-End Ln)
a�-Sq
Any and all matching funds which aze intended to meet the above delineated requiremenu must either be in the
form of (i) cash monies, (ii) le�ally binding commitmenu for monies, or (iii) equivalent funds or contributions,
includin� equity, which have been, or will be, used to complete and/or pay for the Project.
Section 5.22 Third-Party Beneficiary. The Public Entity and the State Entity agree that the public
program to be operated in conjunction with the Real Property and, if applicable, the Facility will benefit the State of
Minnesota, and the provisions and requitemenu contained herein aze for the benefit of both the State Entity and the
State of Minnesota. Therefore such entities acknowledge aad a�ee that the State of Minnesota, by and through its
Commissioner of Finance, is and shall be a third-parry beneficiary of this Agreement.
SeMion 5.23 Applicability to Real Property and Facility. This A�reement applies to the Public
Entity's interest in the Real Properry and if a Faciliry exisu to the Facility. The term "if applicable" appeazing
before the term "Facility" is meant to indicate that the this A�eement will apply to a Faciliry if one exisu, and if no
Faciliry exists then this Ageement wiil only apply to the Public Entity's interest in the Real Property.
Section 5.24 Additiunal Reyuirements. The Public Entity and the State Entity agree to comply with
the following additional requirements.
A. Not later than thirty (30) days after the first expendihue of any Grant funds by the Public Entity or
as soon thereafrer as practical, the Public Entity shall cause to be recorded in the official real estate records
maintained by the county recorder for the county or counties in which the properties, on which the Facility is
constructed or is to be constructed, is located, a declaration or o[her appropriate instrument in the fortn or
substanrially the same form attached hereto as Attachment A for each property. Upon fuli compliance with the
provisions of the Commissioner's Order and, when appropriate, upon request by the Public Entity, the
Commissioner of Finance shall execute and deliver to the Public Entity a written release evidencing the release of
the subject Faciliry from the provisSons of Minn. Stat. § 16A.695 (t996), as such may subsequently be amended,
modified or replaced, and the Commissioner's Order.
�
her.einabove.
If the Public Entity does not expend all of the matching funds required undec Section 5.21
hereinabove, either the State Entity or the Finance Commissioner may, in their sole respective discretion and as
needed to recover Grant funds which have not been matched by the Public Entity:
The following shall be a remedy in addition to and not in lieu of those contained in Section 2.06
1. Refrain from disbursing two dollazs ($2.00) of the Grant for each one dollar ($1.00) of
matching funds which have not been expended on the Project by the Public Entity;
2. Demand that two dollazs ($2.00) of the Grant funds already disbursed to the Public Entiry
be retumed to the State for each one dollaz ($1.00) of matching funds which have not been expended on the I-�
by the Public Entity, and upon such demand the Public Entity shall return such proceeds to the Finance
Commissioner;
Generic GO Grant Agreement for End Grants
21
Ver - 2/2/98
(Gnrc GO Gmt Agrtnnt-End Ln)
R�-S `t°
3. If any of the amounts demanded in this Section 5.24.B, paragraph 2 are not received by
the State Entiry or the Finance Commissioner within thirty (30) days of the demand, either the State En[iry or the
Finance Commissioner may withhold, or cause to be withheld, any funds, state aids or grants from any source
whatsoever, that would otherwise be due and payable to the Public Entity from any State board, department,
commission or any other State a�ency, in an amount equal to nvo ($2.00) of state �rant funds for each one (51.00)
of matching funds which have either not been expended by the Public Entity or otherwise retained by or retumed to
either the State Entity or the Finance Commissioner;
4_ In the event of any withholding under this Section SZ4.B, paza�raph 3, the Public Entity
shall adjust its financial accounts so that the funds which the Public Entity should have remitted to the State are
transferred and properly reflected in the accounu from which the funds were withheld by the State.
C. The parties contemplate that the gant funds will be expended by the Public Entity for eligible
.�
youth initiative grant projects at a number of different sites as identified in Attachment D. The terms and
conditions of this Grant Agreement apply to each site at which the Public Entity uses the grant funds in the same
manner as if a sepazate Grant Ageement was entered into by the parties for each such site.
(Tf� REMAINING PORTION OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
Generic GO Grant Agreement for End Grants
22
Ver - 2/2/98
(C:nre GO Gmt Agrmnt-End Ln)
� sq �
IN TESTIMONY HEREOF, the Public Entity and the State Entity have executed this Grant Agreement
on the day and date indicated immedia[ely below their respective si�natures.
Approved as to form and execution:
Assistant Attomey Gen.eral
Date:
PUBLIC ENTITY:
City of St. Paul, a Charter Ciry
B
Title:
Date:
And:
Title:
Date:
STATE ENTITY:
State of Minnesota, acting through its Department of Children,
Families, and Leaming
�
Title:
Date:
Generic GO Grant Agreement for End Grants
23
Ver - 2/2/98
(Gnrc GO Gmt Agrmno-End Ln)
tk-S°t�
Attachment A
DECLARATION
The undersigned has the following interest in the real properry (the "Real Property") legally describzd in
Attachment B, which is attached hereto and made a part hereof,
(Check the appropriate box.)
� a fee simple title,
X❑ a lease, or
� an easement,
and as owner of such fee title, lease or easement, does hereby declaze ffiat such fee title, lease or easement is hereby
subject to the following reshiction:
s The fee ritle to, lease of, or easement on the Real Property is bond financed property
' within the meaning of Minn. Stat. § 16A.695, as amended from time to time, is subject to
the encumbrance created and requirements imposed thereby, and cannot be sold or
otherwise disposed of by the public officer or agency which has jurisdiction over it or
owns it without the approval of the Minnesota Commissioner of Finance, which approval
must be evidenced by a written statement signed by the Commissioner of Finance and
attached to the deed or instrument used to seil or otherwise dispose of the fee title to,
lease of, or easement on the Real Property.
The fee title to, lease of, or easement on the Real Property shall remain subject to this resniction untii; (i) the
restriction has been fully complied with as evidenced by a written approval from the Minnesota Commissioner of
Finance, or (ii) a written release, releasing the fee title to, lease of, or easement on the Real Property from the
restriction, signed by the Minnesota Commissioner of Finance, is recorded in the real estate records relating to the
Real Property.
(SIGNATURE BLOCK AND ACKNOWLEDGMENT)
This Declazation was drafted by:
(Nazne and address of individual
that draRed the Declazation.)
Generic GO Grant Agreement for End Grants 24 Ver - 2/2/98
. (Gnrc GO Gmt Agrxnnt-End Ln)
q� sq�
Attachment B
Generic GO Grant Agreement for End Grants
LEGAL DESCRIPTION
25
V er - 2/2l98
(Gnrc GO Gmt Agrmnt-End Ln)
q�-sq�
Attachment C
Attachment C is a Certified copy of the Public Entiry's Resolution Approving this A�reement; Sample
Public Entity Resolution:
offered the following resolution and moved its adoption:
RESOLUTION AUTHORIZING TO SIGN THE EIVD
GRANT ("THE GRANT CONTRACT") AS REPRESENTATIVE OF
WHEREAS has been appointed by the Public Entity as iu
. and
WHEREAS the Public Entity has been awazded a Youth Initiative Grant.
�
TI we authorize the to sign the Grant Contract
for the Youth Initiative Grant u the representative of the Public Entity.
The motion for adoption of the foregoing resolution was duly seconded by Member
. and upon vote being taken thereon, the following
voted in favor thereof:
the following voted against the same:
was declared duly passed and adopted.
whereupon said resolution
Authorized Signature
Generic GO Grant Agreement for End Grants 26 Ver - 2/2/98
.. (Gnrc GO Gmt Agttnnt-End Ln)
a� F .S�
CERTIFICATION
I, , do hereby certify that I am the of
the Public Entity, and the foregoing is a true, complete, and correct copy of a resolution adopted at a meetin�
of the governin� body of the Public Entity duly and properly called and held on the day of
, 1998, that a quorum was present at said meeting, that a majority of those present voted
for the resolution and that resolution is set forth in the minutes of said meeting and has not been rescinded or
modified.
IN WITNESS WHEREOF, I have hereunder subscribed my name this _ day of
1998.
�
of the Public Entity
Attest by One Boazd Member
Generic GO Grant Agreement for End Grants
27
Ver - 2/2/98
(Gnrc GO Gmt Agrmnt-End Ln)
���Ll,'��L� ��
Q� sq�
Pre-Design
Submittal
for
Youth Initiative Bonding
Grant
Daytons Bluff Community
Recreation Center
Applicants:
CITY OF SAINT PAUL
RAMSEY COUNTY
SAINT PAUL PUBLIC SCHOOLS
February 11, 1998
�F SYto
Predesign Submittal
Youth Initiative Grant
Daytons Bluff Property
1. Predesign Summary Statement
Authorizin� Le�islation
In 1996 the Minnesota Legislature authorized $16 million for grants to desig�z,
furnish, equip, repair, replace or corzstruct parks and recreation buildings and school
buildings to provide youth, with preference for youth in grades four through eight,
with regular enrichment activities during non-school hours, including after-school,
evenings, weekends, and school vacation periods, and that will provide equal access
and programming for girls. The buildings may be leased to nonprofit community
� organizations, subject to Minnesota Statutes, Section 16A.695, for the same
' purposes. Enrichment programs include academic enrichment, homework assistance,
computer and technology use, arts and cultural activities, clubs, school-to-work ¢nd
work force development, athletic, a�Ld recreatio�zal activities. Grants must be used to
improve the quality or range of program offerings andJor eJtpand the number of
children participating in enrichment programs. The facilities must be fully
available for programming sponsored by youth-serving nonprofit and community
groups, or school, county, or city programs, for maYimum hours after school, evenings,
weekends, summers, and other school vacation periods. Priority must be given to
proposais that demonstrate collaboration among private, nonprofit, and public
agencies, including regional entities dealing with at-risk youth, and community and
parent organizations in arranging for programming, staffing, transportation, and
equipment. Prioritq must also be given to school attendance areas with high
concentrations of children eligible for free or reduced school lunch.
Each grant must be matched by $1 from local sources for each $2 of state money. In-
kind contributions of facilities may be used for the local match. The value of in-kind
contributions must be determined by the Commissioner of Finance.
Preference must be given to projects for which at least ten percent of the Youth
Initiative Grant is eacpended using YouthBuild under Minnesota Statutes, Sections
268.361 to 268.367, or other youth employment and training programs, for the labor
�portion of the construction. Eligible programs must consult with appropriate labor
organizations to deliver education and training.
1
�� -s�t�
Five million dollars in grants is specified for enrichment projects within the city of
St. Paul. Local sources must add another $2,500,00.00 in matching funds (total of
�7,500,000.00). Of the grant amount, at least $2,500,000 must be used in the
neighborhoods of Summii-University, Thomas-Dale, North End, Payne-Phalen,
Daytons B1uff and the Fi'est Side. 'I'he remaining $2,500,000 is available citywide,
with priority for some of the remaining amount given to proposals by public/private
partnerships currently offering after-school enrichment programs in low-income
areas in conjunction with a neighborhood-based organization. Up to $100,000 of the
remaining $2,500,000 may be used to develop urban sports facilities for at-risk
inner city youth, inciuding those older than eighth grade.
A steering committee •was formed and reports to the Joint Property Tax Advisory
Committee (JPTAC) made up of Ramsey County, the City of St. Paul and the Saint
Paul Public Schools. The steering committee has representatives from the three
operating Youth Initiative Collaboratives within the City of St. Paul and also has
representatives from the community at-large and the public agencies who are
members of the JPTAC. A"Call for Concepts" was issued, and twenty-one
responses were received by the deadline of May 30, 1997. These responses were
screened for eligibility, and community meetings were held, during which
collaboration among the applicants was encouraged.
A"Step 2 Final Proposai Submittal" was then issued to which fifteen responses
were received on August 11, 1997. These responses were scored by voting members
of the Steering Committee and ranked according to those scores. After deliberation
and budgetary� considerations, eight projects were recommended to the JPTAC in the
following ranked order:
• Daytons Bluff Community R.ecreation Center
• Neighborhood House/El Rio Vista Youth Collaborative
• Frogtown Center for Families (Phase I)
• Jimmy Lee Redevelopment
• City AcademylWilder Recreation Center
• Sackett Park Restoration
• Martin Luther King Recreation Center Expansion
• Baker Community Center/Cherokee Heights Addition
Because of th.e aggressive construction schedule ¢�ad its dependence ¢nd interrelationship
with a city project, this document couers only the first project — th.e Daytons Bluff
_ Community Recreation Center.
2
�_ o
Project Name:
St. Paul Project No.:
Targeted Iv'eighborhood:
Building Ownership:
Land Ownership:
Requested Grant:
Identified Match Funds:
Other Project Funding:
Total Construction
Daytons Bluff Community Recreation Center
97-13
Da} Bluff
City of St. Paul
Saint Paul Public Schools, Independent School District 625
$1,150,575.00
$1, 422, 000.00
$1,148, 000.00
Cost Estimate: $3,720,575.00
Project Summary: The proposal is for new construction of 5,040 square feet
which will allow for program expansion by adding a
teaching kitchen, theater, dance/aerobics room, and
computer room. Construction of these rooms will allow
for educational, cultural and recreational opportunities
for youth in grades four through eight. The rooms and sizes
are as follows:
1. Teaching kitchen - 460 square feet
2. Theater - 3,050 square feet
3. AerobicslDance room - 1,240 square feet
4. Computer room - 290 square feet
Proposed Programming: Daytons Bluff Community Recreation Center currently
has an office, a sma11 gym, one multi•purpose room used
for meetings, classes, arts and crafts teams and other
special events. Over the last few years, the community
has grown so rapidly that the recreation center has
inadequate space available to provide the needed services
for youth in the community. This proposai focuses on
providing youth in grades four through eight opportunities
to participate in different cultural, educational and
programs/activities that many of these students have
never e�cperienced. Currentiy, there is no teaching kitchen,
theater, dance/aerobics room or computer room anywhere
in the Daytons Bluff community specifically for youth.
This proposal will allow for the expansion and
enhancement of the recreation center's proa am by
construction of these four specific rooms in conjunction
with tfie planned expansion of the community recreation
center which is funded through Community Development
Block Grant (CDBG) city funds.
3
°l� �S a�o
2. Project Background Narrative
Statutory Requirements
b4innesota Laws, Chapter 463, Section 4, appropriated �5 million to the City of
St. Paul to use for enrichment grants. �2.5 million must be used within six targeted
neighborhoods. The remaining $2.5 million is available citywide, but may also be
used within the six targeted areas.
Projects must comply with Minnesota Statutes, Section 16B.335, which requires
this predesign submittal.
Additionally, any building leased to a nonprofit community organization is subject
to Minnesota Statutes, Section 16A.695, and preference will be given to projects on
wtiich at least ten percent of the Youth Initiative Grant is expended using
Youthbuild under Minnesota Statutes, Sections 268.361 to 368.367.
Operational Pro�ram
The St. Paul Parks and Recreation Department wili operate this facility, using its
general and capital fund resources which will be allocated appropriately for the size
and program scheduling requirements of this facility. Parks and ftecreation
projects that utilities (gas, electricity, water, sewer) will increase $35,000 per year
while staff costs wili increase $45,000 per year.
Needs Analysis and Plannin� Process
This project will constitute an expansion of the Daytons Bluff Community
Recreation Center addition already being planned. These additional spaces are
being programmed specifically for grades four through eight and will operate
intensively during the after-school hours. The recreation center serves hundreds of
diverse families and youth. Daytons Bluff Elementary School (adjacent to the
recreation center) ranked low in district test scores, with a high percentage of the
attending students receiving free and reduced lunches. This proposal will focus on
providing cultural, educational and recreational classes with the construction of
these additional spaces. Additionally, the Daytons Bluff Elementary School has
been selected as a conversion site for the Achievement Plus program which
constitutes a unique partnership between the Saint Paul Public Schools, the Wilder
Foundation, the City of St. Paul, Ramsey County, the Department of C4ildren,
Families and Learning and the Daytons Bluff community. (A separate predesign
submittal has �ieeir by the pepartment of Administration for the
Achievement Plus pr os .� �"����"8` �G�v��-coyv
�
`i8 - a�
i
Resolutions have been approved by the City of St. Paul, Ramsey County, and
Independent School District 62�, approving this expenditure and the use of the
buildings and grounds for the Youth Initiative project. These resolutions are
attached. (Attachment A)
3. FinancialInformation
Proiect Cost Plan
Estimated cost - new construction :
Estimate breakdown:
Construction (Community
Center)
Demolition
FFE
A/E fees
Inspection
Subtotal
Youth Initiative Grant
Request
Grand Total
$135.00 per square foot.
1, 980, 000
36,000
150,OQ0
340, 000
64,000
2,570,000
1,150,575
3,720,575
(This total does not inciude the Achievement Plus
addition and remodeling.)
Note: $1,422,000 of the $2,570,000 subtotal is being proposed as local match
and will be calculated as part of the required $2,500 total match.
Estimate of Proiect Impact on Operating Budgets
See No. 2(Operational Program) above.
4. Schedule Information
Proiect Schedule
Bid date: February 25, 1998
Start construction: \ March 23, 1998
Construction period estimated at 370 calendar days.
Complete construction: Spring 1999
5
a��-s�
Fundin� Sequence
�Z'e are proposing that this be funded as a"end grant". The three public entities wili
fund the construction through the spring of 1999, at which time we will apply for the
grant of $1,150,575.00 to reimburse the parties for their expenses. The
�2,570,000.00 from the CDBG program has previously been appropriated and is
available for expenditure at this time.
5. Project Description
ArchitecturaUEn�ineerin� Pro�ram
See Attachment B
Information Technolo�y and Telecommutin� Plans
As part of the Achievement Plus addition to the building, a technology system,
including communication, audio-visual and data networks, will be installed at
Daytons Bluff Elementary School. An automation system controlling heating and
air conditioning functions in the building will be included as part of this project, as
will a securitylintrusion alarm. There are no plans at this time for telecommuting,
since it has only limited applicability to a project of this nature.
Pzedes�gn/YIG/DB 6
Attachment A
INDEPENDENT SCHOOL DISTRICT NO. 625
BOARD OF EDUCATlON
SAINT PAUL PUBLIC SCHOOLS
RESOLUTION - GENERAL FORM
a� s�
�°�II�?°�` d Board File No.
���� — Date
vueucsc�oo�s ••'•o-�•E•�••�
t7NcP,tAS, the City of Saint Paul, Ramse� County and the Saint Paul
Pubiic Schools comprise the Joint Propert� Tax Advisor� Committee
j�P"i AC) pursuant to A1.5. 383F�. 75, and
�
:lN�3EA5, the .State of fYinnesota has created a Youth Initiative
iBondiny; Grant pro�ram pursuant to E_ar�5 of ;:Sinriesota, ChaNter 463,
Section 4, to make available fundin� to desi,r,n, furnish, e�uip, repair,
repiace or construct parks and recreation buildin<�s and school i�uildinc-s
to arovide ;�outh in c,rades four throu�h eie�ht viith enrichneRt activities,
durin� nonschool hours snd that w.ill ;+rovide equal access and
pro�rammin� for _r,iris, and
:'r{iEi:caS, the JPTAC reco�nizes tf�e neec: 2o provide such
enrichr,�ent activities for the ;�outh of the Cit� of Saint Paul, and see'r.s
tu submit an application for the Youth initiative (3ondiny)Grant
adninistered b; ttie i:•�innesota Jepart;:�ent of Chiidren, Far.•�ilies and
Le�rninr;, and
:������?cH�, the ad�inistrative staff assi_c,ned to this project have
rormed a steerin� cor.�mittee and have met and coli�5orated with cor�munit i
re�resentatives and delivered to JPTi1C a recomnendation for the pro�ects
to be inciuded in the appiication to the State of ie9innesota for �rar�t
�unciinn, and
:'ii�F;cR�, the .;:'TAC has revie::�ed and approved ttie
recomr�endations of the Steerin,r- Committee, and t�as passed them on
to its mer�berstiiF}'s elected E,odies for review and consideration, and
:�t;'c� �A.S, the �aint Paui Pu�lic Schoois has participated in this
process and supports the joint application �y the three participatinc,,�
pu: entities,
AYE
_ Chair
_ Y�ce Chair
_ Cferk
_ Treasurer
_, Direcsor
_, Director
_ Director
NAY
CHAIR
CLEf?K
Boatd of Education
Board of Education
Attachment A
qg s�
NOW, THEREFORE, SE IT RESOLVED:
TiiAT the Saint Paul Public Schools has reviewed the two
projects proposed for construction on its property and approves the
use of its praperty for these projects, specifically 2he use of its
land for the Daytons Bluff Community Recreation Ce�ter expansion
project number 97-13, comprised of $7,150,575.00 grant funding and
$2,600,000.00 match funding (total $3,750,575.00) and the use of
its tand for tfie Baker Community Center/Cherokee Heights Elementary
School Addition, project number 97-15, in the amount of $679,609.00
grant funds and $0 match (total $679,609.00), and
THAT administrative staff are hereby authorized to submit an
applicat+on to the Minnesota Departmeni of Chi{dren, Fami{ies and
Learning for funding of these projects.
ORIGINAL
RESOLUTION
CITY OF SAL�'i' PAUL. M
Presezted Hy
Refer:e3 To
,, , , / .
. '�—
�i:t:.�� 1;,�
r
Attachment A
�� '"5��
Council File r 9'J.- /S7G
Green Sheet ,= .Sy 3 D (
A �� / g
/ �
� ki ���il��
��
:ttee: Date
1 Sr-'cRE„S, the City of Saint Paul, Ra�ns • Cc�.:n�: , aad the Ssir.: Pau! P�,lic Schools
2 co^prise the Joint Pro�erty Tax Aflvisory .itcee (J?T.`.7) ;�urs::ar.t to M.S. 363A.75,
3 aad
4
5 h:=,2EAS, the State of Mirzeso:a has created a Youth Initiative (B:adir.gl Graat
6 prograr.. purs::aat to 1996 La�s of M.inaeso:a, Cha�ter a63, Sectic:� 4, to nake
7 available fti:^.3:ng to desica, fuz.^.ish, eg_:p, re?aiz, re�lace, c: cor.strutt parks ar'_
s zecrea_io^ bu:lflin3s >,� 5choo? b;:ild'_r.cs te Frevide yoc:h _.. c=a�es fccrt�: tY:re::g:
5 e:c'.::h v±t'r. e-=ick:ne�: accit•iLies d�rir.g r._::-s='r.00l houzs a:� ;;a: rrill p:ovide
10 ec�al access aac preg:amming for gizls, a^c
11
12 W.:Fs�AS, the me:c�ers`.:i� bo3ie5 of JPSRC zecog^ize the�r.eed to F°cvid- sac�
13 enrichr..e-t ac:ivities for thz you:t: o: the City�c_' Sair.t Fa�,:? ar.? seek :o sL::mit a
1a detaile9 a�rlicat:oa :c_ the Youth Iai:ia:ive i9o:�ding) Gra^: a�r.._ais.esz� by the
15 Mc:ir�so:a De�ar:r,.eat c. Chilfl:ea, Fa-ilies aac Learr.ir.a, a:::
16
17 h'?5=_::5, the a3r.._nistxative staff assicn_c ;e :?:?s project ?:ave fc:.��;e.i ,, s:aering
B cor.-,i:tee a;d have met sa3 collabozateZ �:_2 : cerr..nnity ze�rese-.a:ives aa� delivere�
19 to Jr a reco-,�e-caciea :or the projects to be ir,clude3 in th< a:�licatzca to tl:e
20 Stace o: p:;: zes�ta fo_ czaat fcadi^g, or.d
21
22 k:_=_�5, the J?7AC has revie»e� a.c artzcve� the reccr„meada:io::s o`_ the steezinc
- s3 co--?tt=e a�3 rave p=_=_sed ther., c^. to its r.,m.. - b_zs?::p•s electe= b�__es _°c. recie:r
2S c�:s'_de:a=:c-, a-�
25
�= H====�5, th° City o`_ Sacr.= ?c_? has pF:ticc�a_e3, serving as lea'_ a�e:cy, in this
�7 Frocess a-d s�__c_cs t'r._ jc:r.c arriica:ior. b}• t.*.e three par:ic__at_ac y_+�?_�
2E e::ities.
29
3o Ro�, T 5= IT EESO�VtD tha_ the City has zeviewed the projects aac su�por:s
31 ti:e s:e>_rir.g connittee zecomneadatio^s, ir. the a-o�.:nt totalir.e S5, OOG, OGO, o° tha
32 follohir.g p:ojects:
33
3S
35 57-01 Neig`i5or.*.ocd Eoise/El Rio Vista Recreatior. CenGe_
36 97-OS City Acade-. - Wildez Recreatio:: Ceatpr
37 5%-07 F:og.o�.r.. Ceater Foc Fam:liesli+. Mir�ehaha
38 � Recreation Ceater
» '� �_,�7-'_1 SatYett-Par'r._ F.estcra:ioc
<G :'-_� N.-: ir. L�_.: er Y.'_^g Cor.-.`._ty/r._creat=o- Ce-ter
*- B-_j D2 f:CL' S b'��' CO�-..._'�t r.'�'�a'��� CE:::!'
+'- 5'-iS ._c-;� l°° r._CIeaC�O..�Cec' -
ai \Gj � $ '-C =3%°_ �'C_"_"'\ �'° :P� i...'.°_:Of°c : E__: L� SC: CO:
_ ���.�
;:
4<
4�
52E1,CC0;
.4PS,D
SE2E,S2C;
55=,CC_,
" ,225�3sE:
��'�L�'� r
" :=.C�.:
5:':,c_S. 2.:'_
48
49
50
51
52
53
54
55
56
57
58
59
60
E1
62
63
64
65
66
67
EB
E9
70
�
':�
Attachment A
B'c I? FiJ�T'r'ER RESOLVcD that the City supporCS use o: the folloc:ing na.ching gt,���
t�e a:nowzt equaling 52,500,000 as ideatifie3 by the sceering cor.-ittee:
City Aca3e�y - Wildez Reczeatioa Cen:e:
Fzogtotia Cen[er For FaniliesJW. Minne.*.aha
Recreatioa Ceater
Sackect Park Res:oration
Martir. Luther Kir.g Comma.zitylRecreatio.^. Ce::ter
DayLOn's Eluff Cor,�•„*�ity Recrea:ioa Center
Jir.�T,y Lee Recreatior. Center
$250, 000 - L� ��
575,000
$30,000
$4fi3,000
$1,422,000
5250,000, and
E= IT FLn,;f=� gr50i.V=D that any modifications to the ma:ching Pw^.ds be either
cre3ited to or debite3 fron the amou.zt resulting fron the cor.struction of the
Dayton�s Blu;f Reczeation Center; and
8= IT FJRS'r.=R R°SO:.Vc^D that the City supports the ider.t:fied constructioa on its
property aad to its buildings and ap�:oves the use of its p:o�e:ty aad buildings fc:
these pzojects; and
$� I? FIF`.-.,L.LY RESO?,taD that a�^�inistrative s.a'_f are hezeby authorized to s�nit zr.
a�plica:zoa to tt:e ki _ Departneat o: Chilcze-, Far.._l±es aa3 Lea�±ng fo=
iL-.c'i^g o: these projec:s.
ORIGfNAL
�iEa3fESiati zE a __ E _______ L __ F _ S �____
+R � 5 r = C�S�CSiiES
rr ----
�j1 Rec.:este3 by De�ar[ne-: cf;
- — � jl � �
Ii I �
6 � ��
___-__-i�====__�_______=s I B�: _ �, 1���/'�`l�>rr�l�
Ado�te3 by Couacil: Date
A3option Cer:ifie3 by Cow�cil Secreiary
By:
F��rove3 by Mayo::
E:•:
Da:e
Fo^c A�p=ove_ by City Attorr._y
BY� � ' �"�/' / •�✓.���
A�prove:. by N.aycr fos SrS�,_ssica to
Cc•_.._'_1 �
r: : _ � �� l � ��l/./jl.
Attachment B
�.F s��
DAYTONS BLUFF RECREATION CENTER
& SCHOOL ADDfTION
COMM15SlON NUMBER 97103
Revised 2/5/98
Recreation Center
Gymnasium
Gym Storage
Lockers
Teen Room
Dance/Aerobics Studio
Multi-Purpose Room
Teaching Kitchen
Director's Office
Police "Storefront"
Craft Room
Computer Room
Recreation for Small People
Restrooms (2)
Warming Room
Staff Restroom
Theater
Outdoor Storage
Lobby/Entry
Vending Aicove
MechanicaVElectrical Space
Custodial Space
Flood Hose Room
Storage:
Teen Room
Director
Muiti-purpose
Crafts
Kitchen
Custodial
Dance
Totai
Gross up factor 1.2
Total Gross Area
DB Space by BN'BR
SPACE PROGRAM
Area
6,016 s.f.
401 s.f.
In corridor adjacent to gym
408 s.f.
1,240 s.f.
964 s.f.
460 s.f.
265 s.f.
ln entry tobby
497 s.f.
290 s.f.
374 s.f.
514 s.f.
290 s.f.
67 s.f.
3,050 s.f.
404 s.f.
804 S.f.
50 s.f.
1,065 s.f.
75 s.f.
20 s.f.
25 s.f.
20 s.f.
220 s.f.
50 s.f.
In cabinets
in room
66 s.f.
�
Gross UOp 1.22
381 s.f.
18,070 s.f.
4.077 s.f.
22,147 s.f.
_
Council Fi1e # � S ��
Green Sheet # ����
ORiGINAL
Presented By
Referred to
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
�lp
Committee: Date
1 WHEREAS, the State of Minnesota has created a Youth
2 Initiative Capital Grant Program pursuant to 1996 Laws of
3 Minnesota, Chapter 463, Section 4, to make available State Bond
4 funding for parks and recreation buildings to provide youth
5 enrichment activities during non-school hours, and
6 WHEREAS, the Saint Paul City Council by its Resolution 97-
7 1576 has approved a Youth Initiative Grant-financed projeCt for
8 Dayton�s Bluff Recreation Center, and
9 WHEREAS, said grant funds will be received by the City via a
10 grant agreement with the State of Minnesota Department of
11 Children, Families and Learning, upon completion of the project,
12 NOW THEREFORE BE IT RESOLVED, that the Mayor and the proper
13 City officials are hereby authorized to execute an agreement with
14 the State of Minnesota Department of Children, Families and
15 Learning for the Dayton's Bluff Recreation Center Youth
16 Initiative Program Grant, and
17
18
19
20
21
22
23
FURTHER RESOLVED, that the City of Saint Paul agrees to
comply with the requirements of Minnesota Statute 16A.695
regarding State Bond financed property and agrees to place a deed
restriction on the Dayton's Bluff Recreation Center property such
�hat said property cannot be sold or otherwise disposed of
without the written approval of the Minnesota Commissioner of
Finance, and
24 FURTHER RESOLVED, that the City of Saint Paul agrees to
25 operate the Dayton's Bluff Recreation Center program funded by
26 this grant (Theater, AerobiCS/Dance Room, Computer Room, Teaching
27 Kitchen) throughout its ownership of the Recreation Center or
28 until there is no longer a public need for said program.
°I� - s �tD
ORIGiNAL
Adopted by Council: Date���
� � ,
Adop ion Certified by Council Secretary
By
Approved M Dat :
BY= �
Requested by:
Div' 'on o£ ks and Recreation �
BY : �c�(p.c�
Form Approved by City Attorney
B Y = �� (//r(�i�' �—iv�
DEPARTMENT/OFFICE/COUNCIL DATE INITIATED �� f ��� ✓
GREEN SHEET � � � NO. 62827
Parks and Recreation ,1une 15, 7998
COMACTPERSONANOPHONE INRIPL(DATE LNRIALlOATE
John Wirka 266-6411 � � DEPARTMENTDIRECTOH 4 CITYCOUNCIL
pss�H
NUMBEN FO Z CIiY ATTOFNEY 5 CffY CLERK
MUST BE ON COUNQL AGENDA BV (DATEI `
OflDER FINANGIALSERVICESDIR. FINANCIALSERV/ACCTG
July 1 � � 9SS 3 MAYOR IOR ASSISTANn r� F) PARKS AND f1ECREATION
TOTAL#Of51GNATUfiEPAGES � (CLIPALLLACAl10N5PoR51GNA1UF4l
ACTION REQUESTED:
Approval of City Council Resolution authorizing execution of and agreement with the provisions of State of Minnesota
Youth lnitiative Program Grant Agreement for Dayton's Bluff Recreation Center.
RECOMMENDATIONS: Approve�A�otftejettlR) PEft50NALSERVI�CONTMCT5MU5TANSWERTFIEFOLLOWPIGQUESilONS:
_PLANNING COMMISSION CIVIL SERVICE COMMISSION �, Has this person�rm ever worked under a contract for t�is tlepartmeM?
CfBCOM4AITTEE A CF-97-1576 YES NO
A STAFF 2. Has this persoNtirm ever been a ciry employee>
VES NO
DISTRICT COUNQL
— ^ 3. Does this persoNfirm possess a skill not rormally possessed by any current city employee?
SUPPORTS WHICH COUNQL OBJECTIVE? YES NO
Explain all yes answen on separate aheet and attach to green sheet.
INITIATING PftOBLEM, ISSUE, OPPORTUNITY IWho, What, When, Where, Why1:
Resolution is necessary to accept grant agreement and to confirm city's compliance with certai� provisions of the grent.
ADVANTAGESIFAPPROVED:
Grant agreement can be executed, funds will be available for reimbursement of construction costs upon completion of
project. �
i[ 2�
�vL# E i�d v��`
DISADVANTAGES IFAPPROVED: ��� � � ���� ���� �,
None
s��iYt1�3'S Q��ICc�
_ ��"���"���
. �.
DISADVANTAGESIPNOTAPPROVED: p�� �� ��
iJ
Grant agreement cannot be executed. ���� ,
A � i .. ��
h � " ,ti °e
s4a s�as,"d,.e�'s�
TOTAL AMOUNT OF TRANSACTION S 1.150, 575.00 COST/REVENUE BU�GEfED (CIHCLE DNEI � NO
wrvoixcsoursce MN State Bonds NCTNRYNIlMBER C97-3D011
FINANCIAL INFOAMAiION: IEXPL4IN)
MINNESOTA
DEPARTMENT OF
Child� n
Families ��
Lea�ning
May 1, 1998
Chuck Armstrong `
City of St. Paul ;
390 City Hall
15 West Kellogg Blvd.
St. Paul, MN 55102
Deaz Mr. Armstrong:
CAPISOL SOUARE
550 CEDAR STREET
SAINT PAUL, MN 55101-22]3
r �
V
R�GEIY��
MAY 5 1998
�r1r�Y0�'S O�FfC�
(612) 296�6IOd
TTY 1672� 297-2094 �(+fl
ht1p://<fl. state. mn.us
i
REGEIVED
MAY 6 1998
DIV. OF PARKS
& RECREATION
The Dayton's Bluff Community Recreation Center, Xouth Initiative Capitai Grant
contract is enclosed and ready for signatures.
The city must sign on page 23 of the contract. Please sign and return a115 (five) copies.
Attachment A(the Declazation) must be completed and signed by the city. This form is
used to declaze that the city has placed a deed restriction on the properiy indicating that
the property is now bond financed property within the meaning of MN. Stat. Section
16A.695. Attachment B is the legal description of the property. It needs to be
completed. Attachment C is the city council resolution authorizing a responsible party in
the city to sign the contract. This wiil have to be resolved at a council meeting.
Attachment D is a copy of your application.
The Department of Finance requires that the city resolve to operate the program funded
b;r this grant throughout the ownership of the building, or until there is no longer a public
need for this program. I have included sample language for this resolution. Please get
council action on this and retum the resolution so that I can place it in the fi1e.
You wz11 receive a fully executed contract when all the signatures aze affixed.
If you have any question about this, please call me at 612/297-4832.
Sincerely,
�� �G�1."�-�C�Y'-s
Nancy Valento
Graiiis Coordinator
Dio�ision of ManaQement Assistance
a�-s� o
Sample resolution by the govemin� boazd of the Grantee
The official boazd of the local unit of govemment (city council, school board, board of
county commissioners, etc.) must pass a resolution stating that the grantee will operate
the program funded by this grant throu�hout the ownership of the building or until there
is no lon�er a public need for this program. A majority of the members of the official
board must vote affirmatively for the resolution.
If the local unit of govemment determines that there is no lon�er a need for this program,
a public meetin� must be held to provide opporunity for the public to give advice to the
.�
local unit of govemment on whether or not to discontinue the program.
�
q� s�n
C i��
96_ 500 E35 1535 518
FY Fund A�ency Orgn. Appr. Rept. Catg. IJFARS Code
//�CJ, �7:s.r7J ���0
Amount Object
TYPE OF TRANSACTION
Requisition
Purchase Order
184 544 000 -00
Vendor Number �
v��� �a� .��
Date Number Entered By
Date Number Signamre
(Individual si�ing certifies funds have been encumbered as
required by M.S. 16A.15)
GRANT AGREEMENT
END GRANT
for the
Daytods Bluff Community Recreation Center
PROJECT
TffiS AGREEMENT shall be effective as of the 4th day of Mazch, 1998, and is made and entered into by
and between the City of St. Paul through its Pazks and Recreation Deparhnent , a Charter City, (hereinafter referred
to as the "Public Entity"), and the State of Minnesota, acting ttuough iu Commissioner of Children, Families, and
Learning (hereinafrer referred to as the "State Entity").
WHEREAS, under the provisions coniained in Minnesota Statutes 47115, the Public Entity has been given
the authoriry to consh�uct and operate recreational facilities; and
WHEREAS, under the provisions contained in Minnesota Laws 1996, Chapter 463, Section 4, subdivision
2, as amended by Minnesota Laws 1997, Chapter 162, Article 2, Section 27, particulazly clause b, the State of
Minnesota has allocated One MIliion, One Hundred Fifty Thousand, Five Hundred and Seventy-Five Dollars
($1,150,575.00), which is to be given to the Public Entity as a grant to assist it in the conshuction of the
recreational faciliry as authorized by Minnesota Statutes 471.15; and
WHEREAS, the monies allocated to fund the grant to the Public Entity aze the proceeds of state general
obligation bonds authorized to be issued under Article XI, § 5(a) of the Minnesota Constitution; and
Generic GO Grant Agreement for End Grants 1 Ver - 2/2/98
.- (Gnrc GO Gmt Agrmnt-End Ln)
q � S9a
WHEREAS, the Public Entiry and the State Entity desire to set forth herein the provisions relatin� to the
�ranting of such monies and the disbursement thereof to the Public Entity.
NOW, THEREFORE, in consideration of the grant described herein, the parties herero do hereby asree as
follows:
Article I
DEFI��tITIONS
Section 1.01 Defined Terms. As used in this A�eement, the following terms shall have the meanin�s
set out respectively after each such tean (such meanings to be equally applicable to both the singulaz and plural
forms of the terms defined), unless the contents hereof specifically indicate otherwise:
A. "Agreement" - means this Grant A�eement for the Dayton's Bluff Communiry Recreation Centec
Project.
;
.:
B. "Commissioner's Order" - means that certain "Order Amending Order of the Commissioner of
Finance Relating to Use and Sale of State Bond Financed Property" executed by the Finance Commissioner
on July 20, 1995.
C. "Declazation" - means a decfazation in substantially the sazne form as Attachment A attached
hereto, indicating that the Public Entity's interest in the Real Property and, if applicable, the Facility aze bond
£manced property within the meaning of the G.O. Compliance Legislation, and is subject to certain
restrictions imposed thereby.
D. "Event of Default" - means those evenu delineated in Section 2.05 hereinbelow.
E. "Facility" - means, if applicable, the Dayton's Bluff Community Recreation Center, which is
�
located, or will be consh'ucted and located, on the Real Property.
F. "Fair Mazket Value" - means; (i) the price that would be paid by a willing and qualified buyer to a
willing and qualified seller as determined by an appraisal which assumes that any and all mortgage liens or
encumbrances on the property being sold, which negatively effect the value of such property, will be
released, or (ii) the price bid by a purchaser under a public bid procedure after reasonable public notice, with
the proviso that any and all mortgage liens or encumbrances on the property being sold, which negatively
effect the value of such property, will be released at the time of acquisition by such purchaser.
G. "Finance Commissioner" - means the State of Minnesota acting through its Commissioner of
Finance, and any designated representatives thereof.
H. "G.O. Compliance Legislation" - means Minn. Stat. § 16A.695 (1996), as such may subsequently
be aznended, modified or replaced.
I. "G.O. Bonds" - means the sr:ue general ohligation honds, issued under the authority granted in
Article XI, § 5(a) of the Minnesota Constiturion, the proceeds of which aze used to fund the Grant, or any
bonds issued to refund or replace such bonds.
Generic GO Grant Agreement for End Grants
2
Ver - 2/2/98
(Gnrc GO Gmt Agrmnt-End Ln)
q�-s�o
J. "Grant" - means a �rant of monies from the State Entity to the Public Entiry in an amount of
One Million, One Hundred Fifty Thousand, Five Hundred and Seventy-Five Dotlazs (�1,150,575).
K. "IRS Code" - means the Internal Revenue Code of 1986, as aznended from time to time, and all
treasury re�ulations, revenue procedures and revenue rulings issued pursuant ihereto.
L. "Project" - means the acquisition of an interest in and, if applicable, the improvement of the Real
Properry, and, if applicable, the acquisition, improvement, renovation, rehabilitation, and/or new construction
of the Facility, all as specified in Section 2.02 hereinbelow.
M. "Public Entity" - means City of St. Paul, a Charter City.
N. "Real Proper[y" - means that certain real property located in the County of Ramsey, State of Minnesota, legally descri
O. "State Entity" - means ffie State of Minnesota, acting through its Commissioner of Children,
Families, and Leaming.
P. "Use Contract" - means a lease, management contract or other similaz conuact between Public
Entity and any other entiry, and which involves or relates to the Real Property and, if applicable, the Facility.
Q. "Usee" - means the entity which the Public EntiTy contracts with under a Use Contract.
Article II
GRANT
Section 2.01 Grant of Monies. The State Entity shall issue the Grant to the Public Entity, the proceeds
of which shall be disbursed in accordance with the provisions contained hereinbelow. The parties hereto do agree
and acknowledge that the Grant is not intended to 6e a loan of monies in any form or manner.
Section 2.02 Use of Grant Proceeds. The Public Entity shall use the proceeds of the Grant to;
(Check all appropriate boxes.)
� Acquire £ee simple title to the Real Property;
� Acquue a leasehold interest in the Real Property;
� Acquire an easement on the Real Property;
� Improve the Real Property,
� Acquire the Facility,
X❑ Improve the Facility,
� Renovate or rehabilitate the Facility,
I�I
❑�
Newly Conshvct the Facility,
Generic GO Grant Agreement for End Granu
3
Ver - 2/2/98
(Gnrc GO Gmt Agrmnt-End Ln)
ak'Sq�
in such a manner as will allow the Real Property and, if appficable, the Facitity to be operated in the manner
specified in Section 2.03 hereinbelow.
Section 2.03 Operation of the Real Property and the Facility. The Public Entity sha11 operate the Real
Property and, if applicable, the Facility, or cause it to be operated, as the Daytods Bluff Community Recreation
Center, in the manner specified in the Public Entiry's proposal for the �ant as contained in Attachment D, as the
same may from time to time be amended or modified with the consent of all of the parties hereto or for such othe�
use as the legislature may from time to time designate, and may enter into Use Contracts with Usees to so operate
the Real Properiy and, if applicable, the Facility; provided that such conuacu have been approved, in writing, by the
State Entity and the Finance Commissionec The Public Entity shall also annually determine that the Real Property
and, if applicable, the Facility aze being so used, and shall supply a statement, sworn to before a notary public, to
such effect to both the State Entity and the Finance Commissioner.
With respect to any pro�am which will be operated in the Real Property and, if applicable, the Facility, the
Public Entity covenants with, and represents and wazrants to, ffie State Entity that (i) it has the ability and a plan to
fund the program which will be operated on the Rea] Property and, if applicable, in the Facility, (ii) it demonstrated
such ability and supplied such p(an to the State Entiry prior to the execution of this Agreement, and (iii) it will not
enter into a Use Contract with a Usee unless such Usee has demonstrated to the State Entity that it has the abiliry
and a plan to fund the program which Usee intends on operating on the Real Property and, if applicable, in the
Facility.
Section 2.04 Public Entity Representations and Warranties. The Public Entity further covenants
with, and represenu and warrants to the State Entity as follows:
A. It has legal authority to enter into, execute and deliver this Agreement and the Declaration, and it
has taken all actions necessary and incident to its execution and delivery of such documents.
B. This Agreement, the Declazation, and any and all other documents referred to herein aze the legal,
valid and binding obligations of the Public Entity enforceable against the Public Entity in accordance with
their respective ternts.
C. It will comply with all of the terms, conditions, provisions, covenants, requiremenu, and/or
warranties contained in this Ageement, the Declazation, the G.O. Compliance Leaislation, and the
Commissioner's Order.
D. It has made no material false statement, or misstatement of fact, in connection with iu receipt of
the Grant, and all of the information it previously submitted to the State Entity, or which it will submit to the
State Enrity in the future, relating to the Grant or the disbursement of any of the proceeds of the Grant, is and
will be true and correct. �
E. It is not in violation of any provisions of its charter, or of the laws of the State of Minnesota, and
there aze no actions, suits, or proceedings pending, or to iu knowledge threatened, before or by any judicial
body or govemmental authority, against or effecting it relating to the Real Property and, if applicable, the
Generic GO Grant Agreement for End Grants 4 Ver - 2/2/98
. (Gnrc GO Gmt Agrmnt-End Ln)
a°
Rr
Facility, and it is not in default with respect to any order, writ, injunction, decree, or demand of any court or
any governmental authoriry which wouid impair iu ability to enter into this A�reement and the Declaration,
or to perform any of the acts required of it in this A�reement and the Declazation.
F. Neither the execution and delivery of this A�reement or the Declaration, nor compliance with any
of the terms, conditions, requ'uemenu, or provisions contained herein, is prevented 6y, is a breach of, or wi11
result in a breach of, any term, condition, or provision of any a�reement or document to which it is now a
party, or by which it is bound.
G. It will use the proceeds of the Grant only for the followin� purpose(s):
(Check all appropriate boxes.)
� Acquisiuon of fee simple title to the Real Properry;
� Acquisition of a leasehold interest in the Reai Properry;
� Acquisition of an easement on the Real Property;
I�J
I�I
Improvement of the Real Property,
Acquisition of the Facility,
�X Improvement of the Facility,
� Renovation or rehabilitation the Facility,
� New Construction the Facility,
❑
AIl of such has been, or will be, done in such a manner as will allow the Real Property and, if applicable, che
Facility to be operated in the manner specified in Section 2.03 hereinabove.
H. The contemplated use of the Real Property and, if applicable, the Facitiry will not violate any
applicable zoning or use statute, ordinance, building code, rule or regulation, or any covenant or agreement
of record, relating thereto.
I. The Pro}ect was, or will be, performed and c�mpleted in compliance with all applicable laws,
statutes, tules, ordinances, and regulations issued by any federal, state, or local political subdivisions havin�
jurisdiction over the Project.
J. Ail applicable licenses, permits and bonds required for the performance and completion of the
Project were, or will be, obtained.
K. It will operate, maintain, and manage the Real Property and, if apptica6le, the Facility in
compliance with all applicable laws, statutes, rules, or-'_-inances, and regulations issued by any federal, state,
or loca] polirical subdivisions having jurisdiction over the Real Property and, if applicable, the Faciliry.
Generic GO Grant Agreement for End Grants
Ver - 2/2/98
(Gnrc GO Gm[ Agrmnt-End Ln)
a�r s� °
L. It has the following interest in the Real Property and, if applicable, the Facility, and, in addition,
will possesses any and all easemenu necessary for the operation, maintenance and management of the Real
Property and, if applicable, the Facility in the manner specified in Section 2.03 hereinabove:
(Check the appropriate box.)
I�I
�
�■�
Fee simple title to the Real Property, and if applicable, the Facility;
lona as the expected useful life of the structures and improvements which make up the
Facility, and, if applicable, fee simple title to the Facility; or
A lease on the Rea11'roperry for a term which, if applicabie, is at least as
An easement on the Real Property and, if applicable, fee simple title to the
Facility;
and such interest shall be subject only to those easements, covenants, conditions and restrictions that will not
materially interfere with the Ptoject and the intended operation and use of the Real Properry and, if
applicable, the Faciliry, or those easements, covenanu, condiUOns and restrictions which are specifically
consented to, in writing, by the State Entity.
M. It will fully enforce the terms and conditions contained in any Use Contracts to which it is a party.
N. It will fully comply with the matching funds requirement, if any, contained in Section 5.21
hereinbelow.
O. It will use the proceeds of any insurance policies on the Facility in accordance with the provisions
contained in Section 5.01 hereinbelow.
P. It will use the proceeds of any condemnation of the Real Property and, if applicable, the Facility
in accordance with the provisions contained in Section 5.02 hereinbelow.
Q. It shall furnish such satisfactory evidence regazding the representations and warranties described
herein as may be required and requested in writing by either the State Entity or the Finance Commissioner.
Section 2.05 Event(s) of Default. Any of the following shall, upon either the State Entity or the
Finance Commissioner giving the Public Entiry thirty (30) days notice thereof, and Public Entity's failure ro cure
during such time period, constitute an Event of Default under this Agreement.
A. If, without the written consent of both the State Entity and the Finance Commissioner, any part of
the Real Property and, if applicable, the Facility ceases to be used as Dayton's Bluff Community Recreation
Center.
B. If, without the written consent of boffi the State Entity and the Fi,)ance Commissioner, the Public
Entity sells, transfers, leases, encumbers, or othenvise conveys, in any way or manner, whether voluntary,
involuntary, or by action of law, all or any part of its interest in the Real Property and, if applicabie, the
Generic GO Grant Agreemen[ for End Grancs
Ver - 2/2/98
(Gnrc GO Gmt AgrmnFEnd Ln)
�
`It-sq�
Faciliry, or amends or modifies any a�reement relatin� to such sale which had previously been so consznted
to and approved of by the Finance Commissioner.
C. If, without the written waiver of both the State Entity and the Finance Commissioner, the Public
Entiry fails to annuatly determine thaz the Reat Property and, if applicable, the Facility are bein� used as the
Dayton's Bluff Community Recreation Center as is required under Section 2.03 hereinabove.
D. If, without the written waiver of both the State Entity and the Finance Commissioner, the Public
Entity fails to annuatly suppiy the statement required under Section 2.03 hereinabove to both the State Entity
and the Finance Commissioner.
E. If, without the written waiver of both the State Entity and the Finance Commissioner, the Public
Entity fails to maintain, or cause to be maintained, fue and extended coverage insurance on the Facility in an
amount equal to the full insurab(e value thereof.
F. If, without the written waiver of both the State Entity and the Finance Commissioner, the Public
Entity fails to use the proceeds of any insurance policies on the Facility in accordance with the provisions
contained in Section 5.01 hereinbelow, or fails to cause such insurance proceeds to be so used.
G. If, without the written waiver of both the State Entity and the Finance Commissioner, the Public
Entity fails to use the proceeds of any condemnation of the Real Property and, if applicable, the Facility in
accordance with the provisions contained in Section 5.02 hereiqbelow, or fails to cause such condemnation
proceeds to be so used.
H. If the Public Entity, upon request, refuses to allow the State Entity, auditors for the State Entity,
the Legislative Auditor for the State of Minnesota, or the State Auditor for the State of Minnesota, to inspect,
audit, copy, or abstract, any and all of the Public Entiry's books, records, papers, or other documents relevant
to the Grant, or the Real Property and, if applicable, the Facility.
I. If the Public Entity refuses to allow the State Entity, after ten (10) days prior written notice, to
inspect the Real Property and, if applicable, the Facility.
J. If, without the written waiver of both the State Entity. and the Finance Commissioner the Public
Entity fails to fully enforce any term or provision contained in a Use Contract to which it is a party.
K. If the Public Entity fails to comply with the G.O. Compliance Legislation, or the Commissioner's
Order.
L. IFthe Public Entity fails to fully comply with the matching funds requirements, if any, contained
in Sec[ion 521 hereinbelow.
M. If any representation, covenant, or warranty made by the Public Entity hereunder shall prove to
have been untrue in any material respect, or materially misleading as of the time such representation,
covenant, or wazranty was made.
Generic GO Grant Agreement for End Grants
7
Ver - 2/2/98
(Gnrc GO Gmt Agrmnt-End Ln)
\'
R� S'Yo
N. If, without the written consent or waiver of both the State Entiry and the Finance Commissioner,
the Public £ntity fails to fully comply with any provision, term, condition, covenani or warranty contained in
this Agreement or the Declaration.
Section 2.06 Remedies. Upon the occurrence of an Event of Default the State Entiry or the Finance
Commissioner may exert any or all of the following remedies.
A. The State Entity may refrain from disbursing the proceeds of the Grant.
B. The Finance Commissioner, as a third party beneficiary of this Agreement, may demand that ail
of the proceeds of the Grant already disbursed to the Public Entity be returned to it, and upon such demand
the Public Entity shail retum such proceeds to the Finance Commissioner.
C. Both the State Entity and the Finance Commissioner, as a third party beneficiary of this
A�eement, may exert any additional remedies they may have in law or equity.
Section 2.07 Notification of Event of Default T'he Public Entity shall fumish to both the Sta[e Entity
and the Finance Commissioner, as soon as possible and in any event within seven (7) days afrer it has obtained
lmowledge of the occurrence of each Event of Default, or each event which with the giving of notice or lapse of
time or both would constitute an Event of Default, a statement setting forth details of each Event of Default, or
event which with the giving of notice or upon the lapse of time or both would constitute an Event of Default, and
the action which the Public Entity proposes to take with respect thereto.
Section 2.08 Termination of Grant aad Grant Agreement If the proceeds of the Grant are not fully
disbursed in accordance with the provisions contained in Article IV hereinbelow on or before 30th day of June,
2000, or such later date as the Public Entity and the State Entity may agree to in writing, then; (i) the State Entity's
obligation to disburse any remaining portion of the Grant shall terminate, and (ii) if none of the Grant has been
disbursed then this A�eement shall terminate and no longer be of any force or effect.
This Agreement shall also terminate and no longer be of any force or effect upon (i) the termination of the
Public Entity's ]easehold or easement interest in the Real Property in accordance with the tercns of such lease or
easement, or (ii) the sale of the Public Entity's interest in the Real Property and, if applicable, the Facility in
accordance with the provisions contained in Section 3.05 hereinbelow, and uansmittal of all or a portion of the
proceeds of such sale to the Finance Commissioner in compliance with the provisions contained in Section 3.06
hereinbelow. Upon such termination the State Enrity shall execute and deliver to ffie Public Entity such documents
as aze required to release the Real Property and, if applicable, the Facility, from the effect of the Declazation.
Secfion 2.09 Effect of Event of Default. If an Event of Default occurs and the Public Entity is
required to and does retum the amount specified in Section 2.06.B hereinabove to the Finance Commissioner, then
the following shall occur.
A. The Finance Commissioner shall, as soon as legally possible, use such amount to redeem the G.O.
Bonds.
Generic GO Grant Agreement for End Grants
V er - 2/2/98
(Gnrc GO Gmt Agrmnt-End Ln)
qY Sy�
B. The provisions, covenants, representations and/or warranties contained in Szctions 2.03, 2.04.G
throu�h 2.04.N, 2.OS.A, 2.OS.C, 2.OS.D, 2.O�.I, 2.05.J, 2.O�.L, 2.06.B, 3.03, 3.04, 3.OS.A, 4.01, 4.02, �.06
through 5.09, and 5.21 herein shall terminate and no lon�er be of any force or effect; provided that ail other
Sections and provisions contained in this A�reement shall survive and remain in fu11 force and effect.
C. The amount retumed by the Public Entiry shall be credited against any amount which shall be due
to the Finance Commissioner under Section 3.06 hereinbelow, and against any amount that becomes due and
payable because of any other Event of Default.
Article III
COMPLIANCE WITH G.O. COMPLIANCE LEGISLATION
AND THE COMMISSIONER'S ORDER
Section 3.01 State Bond Financed Property. The Public Entity and the State Entity acknowledge and
agree that the Public Entity's interest in the Real Property and, if applicable, the Facility is "state bond fmanced
property", as such term is used in the G.O. Compliance Legislation and the Commissioner's Order, and, therefore,
the provisions contained in such statute and order apply to the Public Entity's interest in the Real Property and, if
applicable, the Facility and any Use Contracts relating thereto.
Section 3.02 Preservation of Tax Exempt Status. In order to preserve the tax exempt status of the
G.O. Bonds, the Public Entity agrees that during the tune period that any G.O. Bonds aze outstanding and unpaid:
A. It will not use the Real Property and, if applicable, the Facility, or use or invest any proceeds of
the Grant or any other sums treated as "bond proceeds" under § 148 of the IRS Code including "inveshnent
proceeds," "invested sinking funds," and "replacement proceeds," in such a manner as to cause the G.O.
Bonds to be classified as "azbitrage bonds" under § 148 of the IRS Code.
B. It will deposit and hold any and all proceeds of the Grant which it receives under this Agreement
into a segregated non-interest bearing account until such funds aze used for payments for the Project in
accordance with the provisions contained herein.
C. It will, upon written request, provide the Finance Commissioner an.y and all information required
to satisfy the informational requirements set forth in the IRS Code including, but not limited to, §§ 1Q3 and
148 thereof.
D. It will, upon d'uection $om the Finance Commissioner, take such actions and fiunish such
documenu as the Finance Commissioner determines to be necessary to ensure that the interest to be paid on
the G.O. Bonds is exempt from federal taration, which such action may include either; (i) compliance with
proceedings intended to classify the G.O. Bonds as a"qualified bond" within the meaning of IRC § 141(e),
(ii) chaz �ing the nature and/or terms of the Use Contract so that it complies with Revenue Procedure 93-19,
or (iii) compliance with Intemal Revenue Code provisions, regulations, or revenue procedures which amend
or supersede ffie foregoing.
Generic GO Gran[ Agreement for End GranCS 9 Ver - 2/2/98
: (Gnrc GO Gmt Agrmnt-End Ln)
9F-sqo
E. It wili not othenvise use any of the proceeds of the Grant, inctudin� eamin�s thereon, if any, or
take, or permit to or cause to be taken, any action that would adversely affect the exemption from federal
income taxation of the G.O. Bonds, nor otherwise omit, take or cause to be taken any action necessary to
maintain such tax exempt status, and if it should take, permit, omit to take, or cause to be taken, as
appropriate, any such action, it shall take all lawful actions necessary to rescind or correct such actions or
omissions, promptly upon having knowled�e thereof.
Section 3.03 Use Contracts. Each and every Use Contract which the Public Entity enters into must
comply with the following requirements:
A. It must contain a provision delineatina the statutory authority under which the Public Entiry is
enterin� into and executing the Use Contract, and must comply with the substantive and procedural
provisions of such statute.
B. It must contain a provision stating that the Use Contract is being executed and entered into in
order to carry out a specific govemmental purpose, and must delineate such governmental purpose.
C. It must be for a term, including any renewals that aze solely at the option of the Usee, that is, if
applicable, substantially less than the useful life of the structures and improvemenu which make up the
Facility, but may allow for renewals beyond the original term upon a determination by the Public Entity that
the use continues to carry out a specific govemmental purpose, and must delineate such govemmental
purpose. A term which is equal to or shorter than fifty percent (50%) of the useful life of the structures and
improvemenu which make up the Facility will meet the requirement that it be for a time period which is
substantially shorter than the useful life of the structures and improvements which make up the Facility.
D. It must contain a provision which will provide for oversigJ�t by the Public Entity. Such oversigh[
may be accomplished by way of a provision that will require the Usee to provide to the Public Entity; (i) an
initial program evaluation report, and (ii) a program budget, at least annually, showing forecast program
revenues and expenses for the next fiscal yeaz.
E. It must allow for termination by the Public Entiry in the event of a default thereunder by the Usee,
or in the event that the govemmental purpose delineated in the Use Connact is terminated or changed.
F. It must require the Usee to pay all costs of operation and maintenance of the Real Property and, if
applicable, the Faciliry, mmless the Public Entity is authorized by law to pay such cosu and agrees to pay such
costs.
G. If any monies aze to be paid to the Public Entity under the Use Contract, then it must contain a
provision requiring that each and every parry thereto shall, upon direction by rhe Finance Commissioner, take
such actions and fumish such documents to the Finance Commissioner as it determines to be necessary to �
ensure that the interest to be paid on the G.O. Bonds is exempt from federal income taxation.
Generic GO Grant Agreement for End Granu 10 Ver - 2/2/98
_ (Gnrc GO Gmt Agrmnt-End Ln)
�� S9 °
H. It must be approved, in writin„ by the Finance Commissioner, and any proposed Use Connact
which is not approved, in wri[in„ by the Finance Commissioner shall be null and void and of no force or
effect.
L If the amount of the Grant exceeds Two Hundred Thousand and No/100 Dollazs (5200,000.00),
then it must contain a provision requiring the Usee, for one yeaz from the date of the Use Contract, to list any
vacant or new positions it may have with job services of the Commissioner of Economic Securiry for the
State of Minnesota, or the local service uniu, as required by Minn. Stat. § 268.66 Subd. I(1996), as such
may subsequently be amended, modified or replaced.
Section 3.04 Receipt of Monies Under a Use Contract If the Public Entity receives any monies
under a Use Contract, then a portion of such monies in excess of the amount the Public Entity needs, and is
authorized to use, to pay the operating expenses of the Real Proper[y and, if applicable, the Facility, or to pay the
principal, interest, tedemption premiums, and other expenses on debt related to the Real Property and, if applicable,
the Facility, other than the debt on the G.O. Bonds and debt for which the Public Entity has no financial liability,
� must be paid by the Public Entity to the Finance Commissioner. The portion of such excess monies that the Public
Entity shall pay to the Finance Commissioner shall be determined and established by the Finance Commissioner,
and, absent circumstances which would indicate otherwise, such portion shall be determined by multiplying such
excess amount by a&action the numerator of which is the amount of G.O. Bonds, and the denominator of which is
the total principal amount of ail public debt financing incurred with respect to the Real Property and, if applicable,
the Facility other than public debt issued by a public entity for which it has no fmancial liabiliry.
Section 3.05 Sale. The Public Entity may not, and shall not, sell its interest in the Real Property or, if
applicable, the Facility unless all of the following provisions have been fully comptied with.
A. The Public Entity determines, by officia] action, that it is no ]onger usable or needed as the
Dayton's Bluff Community Recreation Center.,
B. The sale is made as authorized by law.
C. The sale is for Fair Mazket Value.
D. The written consent of the Finance Commissioner has been obtained.
The acquisirion of the Public Enrity's interest in the Real Property and, if applicabie, the Faci]ity at a
foreclosure sale, acceptance of a deed-in-lieu of foreclosure for the Public Entity's interest in the Real Property and,
if applicable, the Facility, and/or enforcement of a security interest in personal property used in the operation of the
Real Property and, if applicable, the Faciliry, by a lender that has provided monies for the acquisition of the Public
Entity's interest in and/or bettermen: of the Real Property and, if applicable, the Facility shall not be considered a
sale for the purposes of this Agrcement if after such acquisiuon the lender operates the Real Property and, if
applicable, the Facility in a manner which is not inconsistent with the govemmental program specified in Section
2.03 hereinabove and such lender uses its best efforts to sell the acquired interest in the Real Property and, if
applicable, the Facility to a third party for Fair Market Value. The ultimate sale and/or disposition of the acquired
Generic GO C:rant Agreement for End Grnnts 11 V er - 2/2/98
(Gnrc GO Gmt Agrmnt-End Ln)
aF-sqo
interest in the Real Properry and, if applicable, the Facility by the lender shall be deemed to be a sale for the
purposes of this A�reement, and the proceeds thereof shall be disbursed in accordance with the provisions contained
in Section 3.06 heteinbelow.
Section 3.06 Proceeds of a Sale. Upon the sale of the Public Entity's interest in the Real Property and,
if applicable, the Faciliry the net proceeds thereof shall be disbursed in the following manner and order.
A. The fust distribution from such net proceeds shall be to the Finance Commissioner in an amount
equal to the amount of the Grant, and if the amount of such aet proceeds shall be less than the amount of the
Grant then all of such net proceeds shall be distributed to the Finance Commissioner.
B. The remaining portion of such net proceeds, afrer the distribution specified in Section 3.06.A
hereinabove, shail be distributed to pay in full any outstandin� public or private debt incurred to acquire the
Public Entity's interest in or betterment of the Real PropeRy and, if applicable, the Faciliry.
C. The remaining portion of such net proceeds, after the dis�ibutions specified in Sections 3 A6.A &
B hereinabove, shall be divided and dish�ibuted in proportion to the shazes contributed to the acquisition of
the Public Enrity's interest in or betterment of the Real Property and, if applicable, the Facilities by public and
private entiues, inciuding the State Entity but not including any private entiry that has been paid in full, that
supplied funds in either real monies or like kind contributions for such acquisition and betterment, and the
State Entity's distribution shall be made to the Finance Commissioner. Such public and private entities may
agree amongst themselves as to any redistribution of such disuibuted &nds.
The Public Entity shatl not be required to pay or reimburse the State Entity for any funds above and beyond
the full net proceeds of such sale, even if such net proceeds aze less than the amount of the Grant, and are
insufficient to redeem or defease the outstanding G.O. Bonds.
Section 3.07 Changes to G.O. Compliaace Legislation or the Commissioner's Orde❑ In the event
that the G.O. Compliance Legislation and/or the Commissioner's Order aze amended in a manner which reduces any
requirement imposed against the Public Entity, or if the Public Entiry's interest in the Real Property and, if
applicable, the Facilit}� is exempted from the G.O. Compliance Legislation and the Commissioner's Order, then the
State Entity shall, upon written request by the Pubiic Entity, enter into and execute an amendment to this Agreement
to implement herein such amendment to, or exempt the Public Entity's interest in the Real Property and, if
applicable, the Faciliry from, the G.O. Compliance Legislation or the Commissioner's Order.
Article IV
DISBURSEMENT OF GRANT PROCEEDS
Section 4.01 Disbursement of Grant. L3pon compliance with the conditions delineated in Section 4.02
hereinbelow, the State Entiry shall disburse the entire proceeds of the Grant to the Public Entity.
Section 4.02 Condition Precedent to Disbursement of Grant. The obligation of the State Entity to
disburse the proceeds of the Grant to the Public Entity is subject to the condition precedent that the State Entity
shall have received the following on or before`the date of such disbursement:
Generic GO Grant Agreement for End Grants
12
Vec - 2/2l98
(Gnrc GO Gmt Agtmnt-End Ln)
q�-S4°
A. The Declaration duly executed by the Public Entity and duly recorded in the appropriate office.
with all of the recording information displayed thereon.
B. Evidence that (i) the Pubtic Entity has Iegal authority to and has taken all actions necessary• to
enter into this A�reement and the Declaration, and (ii) this Agreement and the Declazation aze duly bindin�
on and enforceabie a�ainst the Public Entiry.
x
C. A draw requisition, duly execured on behalf of the Public Entity; (i) describin�, in detait, what the
proceeds of the Grant will be used to pay for (i.e. acquisirion, improvement, renovation, rehabilitation, or
new consh�uction), and (i� containing a ceRification that the value of such work or activity is equal to or
gteater than the amount of the proceeds of the Grant.
D. Evidence that the Public Entity currently has, or will use the proceeds of the Grant to acquire,
either (i) fee simple title to the Real Property and, if applicable, fee simple title to the Facility, (ii) a lease of
the Real Property for a term which, if appficable, is at least as long as the expected useful life of the
structures and improvements which aze part of the Facility and, if applicable, fee simple title to the Facility,
or (iii) an easement on the Real Property and, if applicable, fee simple title to the Facility.
E. If the Project involved the improvement, renovation, rehabilitation, or new construction of the
Real Property and, if applicable, the Facility, then evidence that; (i) such improvement, renovation,
rehabilitation, or new construction was performed in a manner that will allow for the Real Property and, if
applicable, the Facility to be operated in the manner specified in Section 2.03 hereinabove, and (ii) all
required building permiu and other permits for such improvement, renovation, rehabilitation or new
construction were obtained.
F. A"Certificate of Occupancy" from the applicable local municipality, or such other type or form
of certificate as is customarily issued by such municipality, indicating that the Real Property and, if
applicabie, the Facility may be occupied, used and operated in the manner specified in Section 2.03
hereinabove.
G. Evidence that the Real Property and, if applicable, the Facility and the contemplated use thereof
aze permitted by and comply with all applicable use or other restrictions and requirements imposed by
applicable zoning ordinances ot regulations, and have been duly approved by the applicable municipal or
govemmental authorities having jurisdiction.
H. Evidence that all appiicable and required permits, bonds and licenses necessary for the operation
of the Real Property and, if applicable, the Facility in the manner specified in Section 2.03 hereinabove have
been paid for and 'usued, other than those permits, bonds and licenses which may not lawfully be obtained
until a future date and/or those permiu, bSnds and licenses which in the ordinary course of business would
normally not be obtained unril a later date.
I. Evidence that the policies of insurance required under Section 5.01 hereinbelow aze in full force
and effect.
Generic GO Grant Agreement for End Grants
13
Ver - 2/2/98
(Gnrc GO Gmt Agrmnt-£nd Ln)
� �. s1a
J. Evidence of compliance with the provisions and requirements specified in Section 5.09
hereinbelow, and any and all additional applicable provisions and requirements contained in Minn. Stat. §
16B.335 (1996), as such may subsequently be amended, modified or replaced.
K. Evidence that the Public Entity has the abiliry and a plan to fund the pro�ram which wiil be
operated on the Real Property and, if applicable, in the Faciliry.
L. Evidence that the Public Entity has fully complied with the matching funds requirements, if any,
contained in Section 5.21 hereinbelow.
builders risk insurance and standazd fue and extended coverage insurance on the Facility in an amount equal to the
full insurable value thereof, and shall name the State Entity as loss payee thereunder. If the Pubiic Entity elecu, if
applicable, to maintain general comprehensive liability insurance on the Facility, then the Public Entiry shall have
the Finance Commissioner named as an addiHonal named insured therein. At the written request of either the State
Entity or the Finance Commissioner, the Public En6ry shali promptly fwnish to the requesting entity all written
MISCELLANEOUS
Section 5.01 Insurance. The Public Entity shail, if applicable, maintain, or cause to be maintained,
+
notices and all paid premium receipts received by the Public Entity regazding such required insurance, or certificates
of insurance evidencing the existence of such required insurance.
If damages which aze covered by the insurance required hereinabove occurs to the Facility, then the Public
Entity shall, at iu sole option and discretion, either (i) use the insurance proceeds, or cause the inswance proceeds to
be used, to fully or partially repair such damage and to provide, or cause to be provided, whatever additional funds
which may be needed to fully oz partiaIly repair such damage, or (ii) sell its interest in the Real Property and the
damaged Facility in accordance with the provisions contained in Section 3.05 hereinabove. If the Public Entity
elects to only partially repair such damage, then the poction of the insurance proceeds which are not used for such
Article V
repair shall be applied in accordance with the provisions contained in Section 3.06 hereinabove as if the Public
Entity's interest in the Real Prooecry and the Facility had been sold, and such amounts shall be credited against the
amounts due and owing under Section 3.06 upon the ultimate sale of the Public Entity's interest in the Real Property
and the Facility. If the Public Entity elects to sell its intecest in the Real Propercy and the damaged Facility, then
such sale must occur within a reasonable time period from the date the damage occurred and the cumulative sum of
the insurance proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained
in Section 3.06 hereinabove, with the insurance proceeds being so applied within a reasonable time period from the
date they aze received by the Public Entity.
The State Entity will, as loss payee under the insurance requued hereinabove, assign or pay over to the Public
Entity any and all insurance proceeds it receives so that the Public Entity can comply with the requirements which
this Section imposes upon the Public Entiry as to the use of such insurance proceeds.
Generic GO Grant A�eement for End Grants
14
Ver - 2/2/98
(Gnrc GO Gmt Agrmno-End Ln)
1�_ 5'�fl
Section 5.02 Condemnation. If all or any poRion of the Real Properry and, if applicable, the Faciliry is
condemned to an extent that the Public Entity can no longer comply with the provisions contained in Section 2.03
hereinabove, then the Public Entity shall, at iu sole option and discretion, either (i) use the condemnation proceeds,
or cause the condemnation proceeds to be used, to acquire an interest in additional real property needed for the
Public Entiry to continue ro comply with the provisions contained in Section 2.03 hereinabove and, if applica6te, to
fully or partially restore the Facility and to provide, or cause to be provided, whatever additional funds which may
be needed for such purposes, or (ii) sell the remaining portion of iu interest in the Real Property and, if applicable,
the Facility in accordance with the provisions contained in Section 3.05 hereinabove. Any condemnation proceeds
which aze not used to acquire an interest in additional real property or to restore, if applicable, the Facility shatl be
applied in acwrdance with the provisions contained in Section 3.06 hereinabove as if the Public En[ity's interest in
the Real Property and, if applicable, the Facility had been sold, and such amounu shall be credited against the
amounts due and owing under Section 3.06 upon the ultimate sale of the Public Entiry's interest in the Real Property
and, if applicable, the Facility. If the Public Enrity elects to sell the portion of iu interest in the Real Properry and, if
applicable, the Facility which remains after the condemnation, then such sale must occur within a reasonable time
period from the date the condemnation occurred and the cumulative sum of the condemnation pmceeds plus the
proceeds of such sale must be applied in accordance with the provisions contained in Secuon 3.06 hereinabove, with
the condemnation proceeds being so applied within a reasonable time period from the date they aze received by the
Public Entity.
The State Entity will, as recipient of any of condemnation awazds and/or proceeds referred to hereinabove,
disclaim, assign or pay over to the Public Entity any and all of such condemnation awazds andlor proceeds it
receives so that the Public Entity can comply with the requirements which this Section imposes upon the Public
Entity as to the use of such condemnation awazds and/or proceeds.
Section 5.03 Records Keeping and Reporting. The Public Entity shall maintain, or cause to be
maintained, books, records, documenu and other evidence pertaining to the cosu or expenses associated with the
operation of the Project, and compliance with the requiremenu contained in this Aereement, the Declaration, the
G.O. Compliance Leoislation, and the Commissioner's Order, and upon request shail atlow, or cause the entity
which is maintaining such items to allow, the Siate En6ty, auditors for the State Entity, the Legislative Auditor for
the State of Minnesota, or the State Auditor for the State of Minnesota, to inspect, audit, copy, or abstract, any and
all of iu books, records, papers, or other documents relevant to the Grant. The Public Entity shall use, or cause the
entity which is maintaining such books and records to use, generally accepted accounting principles in the
maintenance of such books and records, and shall retain, or cause to be retained, all of such books, records,
documenu and other evidence for a period of five (5) y:°azs from the date that the Facility is fully compieted and
placed into operation.
Generic GO Grant Agreement for End Grants
1$
Ver - 2/2/98
(Gnrc GO Grnt Agrmno-End Ln)
qf -���°
Section 5.04 Inspection of Facility. The Public Entity shall, upon request, allow, and will require any
entity to whom it leases, subleases, or enters into a Use Agreement for any portion of the Real Property and, if
applicable, the Faciliry to allow, rhe State Entiry to inspect the Real Property and, if applicabie, the Faciliry.
Section 5.05 Data Practices. The Public Entity a�rees, with respect to any data which it possesses
regazding the Grant, the Project, or the Real Property and, if applicable, the Facility, to comply with all of the
provisions and restrictions contained in the Minnesota Govemment Data Practices Act contained in Chapter 13 of
the Minnesota Statutes, as such may be amended, modified or replaced. The Public Entity further a�rees to
indemnify, save, and hold the State Entity, the Finance Commissioaer, and the State of Minnesota, their a�enu and
employees, hazmless from all ciaims arising out of, resuiting from, or in any manner aqsibutable to any violation by
the Public Entity, iu officers, employees, or agents, or by any Usee, iu officers, employees, or a�enu, of any
provision of the Minnesota Govemment Data Pracrices Act, including legal fees and disbursements paid or incurred
to enforce the provisions coniained in this Section.
Section 5.06 Non-Discrimination. The Pu61ic Entity agrees to not engage in discricninatory
employment practices with respect to the Project and the operation and/or management of the Real Property and, if
applicable, the Facility, and it shall, with respect to such activities, fully comply with all of the provisions contained
in Minn. Stat. §§ 363.03 & 181.59 (1996), as such may subsequently be amended, modified or replaced.
Section 5.07 Worker's Compensation. The Public Entity agrees to fully comply with all of the
provisions relating to worke�s compensation contained in Minn. Stat. §§ 176.181 Subd. 2, & 176.182 {I996}, as
such may subsequently be amended, modified or replaced, with respect to the Project and the operation and/or
management of the Real Property and, if applicable, the Facility.
Section 5.08 Antitrust Claims. The Public Entity hereby assigis to the State Entity and the Finance
Commissioner any and all claims it may have for over chazges az to goods and/or services provided in conjunction
with the Project and the operation andlor management of the Real Property and, if applicable, the Facility which
azise under the antitrust laws of the State of Minnesota or of the United States of America.
Section 5.09 Review of Plans and Cost Estimates. The Public Entity and the S[ate Entiry agree to
comply with all of the applicable provisions and requ'uements contained in Minn. Stat. § 16B335 (1996), as such
may subsequently be amended, modified or replaced, for the Project, and in accordance therewith the Public Entity
and the State Entity agree to comply wiffi the following provisions and requirements.
A. The Public Entity shall provide any and all information which the State Entity may request in
order for the State Entity to determine that the Project will comply with the provisions and requiremenu
contained in Minn. Stat. § 16B335 (1996), as such may subsequently be amended, modified or replaced.
B. The Public Entity shall, prior to iu proceeding with design activiues for the Project, prepaze a
predesign package and submit it to the Commissioner of Administration for the State of Minnesota for review
and co[nment. Such predesign package must be sufficient to define the scope, cost, and projected schedule
for the Project, and must demonsh�ate that the Project has been analyzed according to appropriate space and
Generic GO Grant Agreement for End Grants 16 Ver - 2/2/98
: (Gnrc GO Gmt Agannt-End Ln)
Q y Sqo
needs standazds. Any substantial changes to such predesign package must be submitted to the Commissioner
of Administration for the State of Minnesota for review and comment.
C. If the Project inciudes the construction of a new building, substantial alteration of the exterior
dimensions or interior confi�uration of an existin� building, or the acquisition of an interest in land, then the
Public Entity shall not prepaze fmal plans and specifications until it has prepazed a pro�ram pian and cost
estimates for all elemenu necessary to complete the Project and presented them to the Chairs of the
Minnesota State Senate Finance Committee and Minnesota House of Representatives Ways and Means
Committee and such chairs have made their recommendations, and it has notified the Chair of the Minnesota
House of Representatives Capital Investrnent Committee. Such program plan and cost estimates must note
any significant changes in the work to be performed on the Project, or in its cosu, which have azisen since the
appropriation for the Project was enacted or which differ from any predesign submittal.
Provided, however, the provisions and requirements contained in this Section 5.09.0 shall not apply to
the construction, renovation, or improvemenu to dams, highway rest azeas, truck stations, storage facilities
not consisting primarily of offices or heated work azeas, trails, bike paths, sewer separation projects, water
and wastewater facilities, campgrounds, roads, bridges, or any other capital project with a construction cost
of less than Two Hundred Thousand and No/100 Dollazs ($200,000.00).
D. The Puhlic Entiry must notify the Chairs of the Minnesota State Senate Finance Committee, the
Minnesota House of Representarives Capital Investrnent Committee and the Minnesota House of
Representatives Ways and Means Committee of any significant changes to the program plan and cost
estimates referred to in Section 5.09.0 hereinabove.
E. The prograni plan and cost estimates referred to in Section 5.09.0 hereinabove must ensure that
the Project will comply with ail applicable energy conservation standards contained in law, including Minn.
Stat. §§ 216C.19 to 216C.21 (1996), as such may subsequently be amended, modified or replaced.
F. If any of the proceeds of the Grant aze to be used for the construction or remodeling of the
Facility, then both the predesign package refeaed to in Section 5.09.B hereinabove and the program plan and
cost estimates referred to in Section 5.09.0 hereinabove must include provisions for cost-effective
information technology invesRnents that will enable the occupant of the Facility to reduce its need for office
space, provide more of iu services electronically, and decentralize its operations where such provisions aze
deemed necessary by the Information Policy Office of the Depamnent of Administration for the State of
Minnesota.
G. If the Project does not involve the construction of a new building, the substantial alteration of
the exterior dimensions or interior configuration of an existing bui;ding, or the acquisiuon of an interest in
land, then prior to beginning work on the Project the Public Entity shall just notify the Chairs of the
Minnesota State Seoate Finance Committee, the Minnesota Aouse of Representatives Capital Inves�nent
Generic GO Grant Agreement for End Grants 17 Ver - 2/2/98
(Gnrc GO Gmt Agrmnt-End Ln)
9d'r
Committee and the Minnesota House oFRepresentatives Ways and Means Committee that the work to be
performed is ready to begin.
H. The Project must be; (i) completed in accordance with the program plan and cost estimares
referred to in Section 5.09.0 hereinabove, (ii) completed in accordance with the time schedule contained in
the program plan referred to in Section 5.09.0 hereinabove, and (iii) completed within the bud�ets contained
in the cost estimates referred to in Section 5.09.0 hereinabove.
I. The proceeds of the Grant will not be disbursed until (i) the predesi� packa�e referred to in
Section 5.09.B hereinabove has been reviewed by and received a favorable cecommendation from the
Commusioner of Adminisu�ation for the State of Minnesota, (ii) the progazn plan and cost estnnates referred
to in Section 5.09.0 hereinabove have received a recommendation by the Chairs of the Minnesota State
Senate Finance Committee and Minnesota House of Representatives Ways and Means Committee, and (iii)
the Chair of the Minnesota House of Representatives Capital Investment Committee has been notified
pursuant to Section 5.09.G hereinabove.
Section 5.10 Prevailing Wages. The Public Entity agees to comply with all of the applicable
provisions contained in Chapter 177 of the Minnesota Statutes, and specifically those provisions contained in Minn.
Stat. §§ 177.41 through 177.43 (1996), as such may subsequently be amended, modified ot replaced.
Section 5.1 I Liability. The Public Entity and ffie State Entity do both agree that they will be
responsible for the'u own acts and the resulu thereof to the extent authorized by law, and they shall not be
responsible for the acts of the other pazty and the results thereof. The Public Entity acknowledges and a�rees that
the ]iability of both the State Entity and the Finance Commissioner is governed by the provisions contained in Minn.
Stat. § 3.736 (1996), as such may subsequently be amended, modified or replaced. The State Entity does also
acknowledge that the tiability of the Public Entiry is govemed by the provisions contained in Chapter 466 of the
Minnesota Statutes), as such may subsequently be amended, modified or replaced.
Section 5.12 RetationshiQ of the Parties. Nothing contained in this Agreement is intended or should
be construed in any manner as creating or establishing the relationship of co-partners or a joint venture between the
Public Entity, the State Entity, or the Finance Commissioner, nor shall the Public Entity be considered or deemed to
be an agent, representative, or employee of either the State Entity, the Finance Commissioner, or the State of
Minnesota in the performance of this Agreement, the completion of the Project, or operation of the Real Property
and, if applicable, the Facility.
The Public Entiry represents that it has already secured, or will secure or cause to be secured, all personnel
andJor persons required for ihe performance of this Agreement and the completion of the Project. Any and all
` personnel of the Public Entity, or other persons, while engaging in the performance of this Agreement, the
completion of the Project, or the operation and/or maintenance of the Real Property and, if applicable, the Facility,
shall not have any contractual relationship with either the State Entity, the Finance Commissioner, or the State of
Minnesota, and shall not be considered emgloyees of any of such entities. In addition, any and all clauns that may
Generic GO Grant Agreement for End Grants 1$ Ver - 2/2/98
�� (Gnrc GO Grnt Agrmnt-End Ln)
`[F s��'
or mi�ht azise on behalf of said personnel or other persons while so enga�ed arisin� out of employment, or alle�ed
employment, includin�, but not limited to, claims under the Workers' Compensation Act of the State of Liinnesota,
claims of discrimination a�ainst the Public Entiry, its officers, agents, con�actors, or employees sha11 in no way be
the responsibiliry of either the State Entity, the Finance Commissioner, or the Srate of Minnesota. Such personnel
or other persons shall not require nor be entitled to any compensation, righu or benefiu of any kind whatsoever
from either the State Entiry, the Finance Commissioner, or the Srate of Minnesota, includin„ but not limited to,
tenure rights, medical and hospital caze, sick and vacation leave, Worken' Compensation, Unemployment
Compensation, disability benefus, sevemnce pay and retuement benefits.
Section 5.13 Notices. In addition to any notice required under applicable law to be given in another
manner, any notices requued hereunder must be in writing, and shall be sufficient if personally served or sent by
prepaid, registered, or certified mail (return receipt requested), to the business address of the pazty to whom it is
directed. Such business address shall be that address specified hereinbelow, or such different address as may
hereafter be specified, by either party by written notice to the other:
To the Public Entity at:
City of St. Paul, through its Pazks and Recreation Department
300 City Hall Annex
St. Paul, MN 55102
Attention: Superintendent
To the State Entity at:
Minnesota Department of Children, Families, and Leaming
711 Capitol Squaze Building
550 Cedaz Street, St. Paul, MN 55101
Attention: John Hustad, Deputy Commissioner
To the Finance Commissioner at:
Minnesota Department of Finance
4Q0 Centennial Office B(dg.
658 Cedaz St.
St. Paul, MN 55155
Attention: Commissioner of Finance
Section 5.14 Assignment or Modification. This Agreement and the Declazation shall be bindin� upon
and inure to the benefit of the Public Entiry and the State Entity, and their respective successors and assi�s.
Provided, however, that neither the Public Entity nor the State Entity may assi� any of its rights or obligations
under this Agreement or the Declaration without the prior written consent of the other party. No change or
modifica6on of the terms or provisions of this Ageement or Declaration shall be binding on eivSer the Public Entity
or the State Entiry unless such change or modification is in writing and signed by an auttrorized official of the party
against which such change or modification is to be imposed.
Generic GO Grant Agzeement for End Grants
19
Ver - 2/2/98
(Gnrc GO Gmt AgrmnhEnd Ln)
q�-s�
Sectioa �.15 Waivea Neither the failure by the Public Entity, the Stare Entity, or the Finance
Commissioner, as a third party beneficiary of this Agreement, in any one or more instances, to insist upon the
complete and totai observance or performance of any term or provision hereof, nor the failure of the Public Entity,
the State Entity, or the Finance Commissioner, as a third party beneficiary of this A� eement, to exercise any ri�ht,
privile�e, or remedy conferred hereunder, or afforded by law, shall be construed as waivin� any breach of such
ternt, provision, or the ri�ht to exercise such ri�ht, privile�e, or remedy thereafrer. In addition, no delay on the part
of either the Public Entity, the State Entity, or the Finance Commissioner, as a third party beneficiary of this
Agreement, in exercising any right or remedy hereunder shalt operate as a waiver thereof, nor shall any single or
partial exercise of any right or remedy preclude other or further exercise thereof, or the exercise of any other ri�ht
or remedy.
Section S.lb Entire AgreemenL This Ageement and the Declazation embody the entire agreement
between the Public Entity and the State Entity, and there aze no other a�eements, either oral or written, behveen the
Public Entity and the State Entity on the subject matter hereof.
Section 5.17 Choice of Law and Venue. All matters, whether sounding in tort or in conuact, relating
to the validity, construction, performance, or enforcement of this Agreement or the Declaration shali be conttolled
by and detertnined in accordance with the laws of the State of Minnesota. Public Entity agrees and consenu that all
legal actions initiated with respect to or arising from any provision contained in this Ageement shall be initiated,
filed and venued in the State of Minnesota District Court located in the City of St. Paul, County of Ramsey, State of
Minnesota.
Section 5.18 Severability. If any term or provision of this Agreement is fmally judged by any court to
be invalid, the remaining terms and provisions shall remain in full force and effect, and they shall be interpreted,
performed, and enforced as if said invalid provision did not appeaz herein.
Section 5.19 Time of Essence. Time is of the essence with respect to all of the matters contained in
this Agreement.
Section 5.20 Counterparts. This Agreement may be executed in any,number of counterparts, each of
which, when so executed and delivered, shall he an original, 6ut such counterparts shall together constitute one and
the same instrument.
Section 5.21 Matching Funds. The Public Entity must obtain and supply the following matching
funds, if any, for the completion of the Project:
A. The Public Entity shall provide matching funds in the amount of one dollaz ($1.00) from local
sources for each two dollars ($2.00) of state grant funds.
B. � The Public Entity may provide in-kind con�iburions of facilities for all or any part of its requ'sed
match.
C. The value of any in-kind contributions by the Public Entity shall be determined by the Finance
Commissioner. -
Generic GO Grant Agreement for End Grants 2� Ver - 2/Z/98
(Gnrc GO Gmt Agrmnt-End Ln)
a�-Sq
Any and all matching funds which aze intended to meet the above delineated requiremenu must either be in the
form of (i) cash monies, (ii) le�ally binding commitmenu for monies, or (iii) equivalent funds or contributions,
includin� equity, which have been, or will be, used to complete and/or pay for the Project.
Section 5.22 Third-Party Beneficiary. The Public Entity and the State Entity agree that the public
program to be operated in conjunction with the Real Property and, if applicable, the Facility will benefit the State of
Minnesota, and the provisions and requitemenu contained herein aze for the benefit of both the State Entity and the
State of Minnesota. Therefore such entities acknowledge aad a�ee that the State of Minnesota, by and through its
Commissioner of Finance, is and shall be a third-parry beneficiary of this Agreement.
SeMion 5.23 Applicability to Real Property and Facility. This A�reement applies to the Public
Entity's interest in the Real Properry and if a Faciliry exisu to the Facility. The term "if applicable" appeazing
before the term "Facility" is meant to indicate that the this A�eement will apply to a Faciliry if one exisu, and if no
Faciliry exists then this Ageement wiil only apply to the Public Entity's interest in the Real Property.
Section 5.24 Additiunal Reyuirements. The Public Entity and the State Entity agree to comply with
the following additional requirements.
A. Not later than thirty (30) days after the first expendihue of any Grant funds by the Public Entity or
as soon thereafrer as practical, the Public Entity shall cause to be recorded in the official real estate records
maintained by the county recorder for the county or counties in which the properties, on which the Facility is
constructed or is to be constructed, is located, a declaration or o[her appropriate instrument in the fortn or
substanrially the same form attached hereto as Attachment A for each property. Upon fuli compliance with the
provisions of the Commissioner's Order and, when appropriate, upon request by the Public Entity, the
Commissioner of Finance shall execute and deliver to the Public Entity a written release evidencing the release of
the subject Faciliry from the provisSons of Minn. Stat. § 16A.695 (t996), as such may subsequently be amended,
modified or replaced, and the Commissioner's Order.
�
her.einabove.
If the Public Entity does not expend all of the matching funds required undec Section 5.21
hereinabove, either the State Entity or the Finance Commissioner may, in their sole respective discretion and as
needed to recover Grant funds which have not been matched by the Public Entity:
The following shall be a remedy in addition to and not in lieu of those contained in Section 2.06
1. Refrain from disbursing two dollazs ($2.00) of the Grant for each one dollar ($1.00) of
matching funds which have not been expended on the Project by the Public Entity;
2. Demand that two dollazs ($2.00) of the Grant funds already disbursed to the Public Entiry
be retumed to the State for each one dollaz ($1.00) of matching funds which have not been expended on the I-�
by the Public Entity, and upon such demand the Public Entity shall return such proceeds to the Finance
Commissioner;
Generic GO Grant Agreement for End Grants
21
Ver - 2/2/98
(Gnrc GO Gmt Agrtnnt-End Ln)
R�-S `t°
3. If any of the amounts demanded in this Section 5.24.B, paragraph 2 are not received by
the State Entiry or the Finance Commissioner within thirty (30) days of the demand, either the State En[iry or the
Finance Commissioner may withhold, or cause to be withheld, any funds, state aids or grants from any source
whatsoever, that would otherwise be due and payable to the Public Entity from any State board, department,
commission or any other State a�ency, in an amount equal to nvo ($2.00) of state �rant funds for each one (51.00)
of matching funds which have either not been expended by the Public Entity or otherwise retained by or retumed to
either the State Entity or the Finance Commissioner;
4_ In the event of any withholding under this Section SZ4.B, paza�raph 3, the Public Entity
shall adjust its financial accounts so that the funds which the Public Entity should have remitted to the State are
transferred and properly reflected in the accounu from which the funds were withheld by the State.
C. The parties contemplate that the gant funds will be expended by the Public Entity for eligible
.�
youth initiative grant projects at a number of different sites as identified in Attachment D. The terms and
conditions of this Grant Agreement apply to each site at which the Public Entity uses the grant funds in the same
manner as if a sepazate Grant Ageement was entered into by the parties for each such site.
(Tf� REMAINING PORTION OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
Generic GO Grant Agreement for End Grants
22
Ver - 2/2/98
(C:nre GO Gmt Agrmnt-End Ln)
� sq �
IN TESTIMONY HEREOF, the Public Entity and the State Entity have executed this Grant Agreement
on the day and date indicated immedia[ely below their respective si�natures.
Approved as to form and execution:
Assistant Attomey Gen.eral
Date:
PUBLIC ENTITY:
City of St. Paul, a Charter Ciry
B
Title:
Date:
And:
Title:
Date:
STATE ENTITY:
State of Minnesota, acting through its Department of Children,
Families, and Leaming
�
Title:
Date:
Generic GO Grant Agreement for End Grants
23
Ver - 2/2/98
(Gnrc GO Gmt Agrmno-End Ln)
tk-S°t�
Attachment A
DECLARATION
The undersigned has the following interest in the real properry (the "Real Property") legally describzd in
Attachment B, which is attached hereto and made a part hereof,
(Check the appropriate box.)
� a fee simple title,
X❑ a lease, or
� an easement,
and as owner of such fee title, lease or easement, does hereby declaze ffiat such fee title, lease or easement is hereby
subject to the following reshiction:
s The fee ritle to, lease of, or easement on the Real Property is bond financed property
' within the meaning of Minn. Stat. § 16A.695, as amended from time to time, is subject to
the encumbrance created and requirements imposed thereby, and cannot be sold or
otherwise disposed of by the public officer or agency which has jurisdiction over it or
owns it without the approval of the Minnesota Commissioner of Finance, which approval
must be evidenced by a written statement signed by the Commissioner of Finance and
attached to the deed or instrument used to seil or otherwise dispose of the fee title to,
lease of, or easement on the Real Property.
The fee title to, lease of, or easement on the Real Property shall remain subject to this resniction untii; (i) the
restriction has been fully complied with as evidenced by a written approval from the Minnesota Commissioner of
Finance, or (ii) a written release, releasing the fee title to, lease of, or easement on the Real Property from the
restriction, signed by the Minnesota Commissioner of Finance, is recorded in the real estate records relating to the
Real Property.
(SIGNATURE BLOCK AND ACKNOWLEDGMENT)
This Declazation was drafted by:
(Nazne and address of individual
that draRed the Declazation.)
Generic GO Grant Agreement for End Grants 24 Ver - 2/2/98
. (Gnrc GO Gmt Agrxnnt-End Ln)
q� sq�
Attachment B
Generic GO Grant Agreement for End Grants
LEGAL DESCRIPTION
25
V er - 2/2l98
(Gnrc GO Gmt Agrmnt-End Ln)
q�-sq�
Attachment C
Attachment C is a Certified copy of the Public Entiry's Resolution Approving this A�reement; Sample
Public Entity Resolution:
offered the following resolution and moved its adoption:
RESOLUTION AUTHORIZING TO SIGN THE EIVD
GRANT ("THE GRANT CONTRACT") AS REPRESENTATIVE OF
WHEREAS has been appointed by the Public Entity as iu
. and
WHEREAS the Public Entity has been awazded a Youth Initiative Grant.
�
TI we authorize the to sign the Grant Contract
for the Youth Initiative Grant u the representative of the Public Entity.
The motion for adoption of the foregoing resolution was duly seconded by Member
. and upon vote being taken thereon, the following
voted in favor thereof:
the following voted against the same:
was declared duly passed and adopted.
whereupon said resolution
Authorized Signature
Generic GO Grant Agreement for End Grants 26 Ver - 2/2/98
.. (Gnrc GO Gmt Agttnnt-End Ln)
a� F .S�
CERTIFICATION
I, , do hereby certify that I am the of
the Public Entity, and the foregoing is a true, complete, and correct copy of a resolution adopted at a meetin�
of the governin� body of the Public Entity duly and properly called and held on the day of
, 1998, that a quorum was present at said meeting, that a majority of those present voted
for the resolution and that resolution is set forth in the minutes of said meeting and has not been rescinded or
modified.
IN WITNESS WHEREOF, I have hereunder subscribed my name this _ day of
1998.
�
of the Public Entity
Attest by One Boazd Member
Generic GO Grant Agreement for End Grants
27
Ver - 2/2/98
(Gnrc GO Gmt Agrmnt-End Ln)
���Ll,'��L� ��
Q� sq�
Pre-Design
Submittal
for
Youth Initiative Bonding
Grant
Daytons Bluff Community
Recreation Center
Applicants:
CITY OF SAINT PAUL
RAMSEY COUNTY
SAINT PAUL PUBLIC SCHOOLS
February 11, 1998
�F SYto
Predesign Submittal
Youth Initiative Grant
Daytons Bluff Property
1. Predesign Summary Statement
Authorizin� Le�islation
In 1996 the Minnesota Legislature authorized $16 million for grants to desig�z,
furnish, equip, repair, replace or corzstruct parks and recreation buildings and school
buildings to provide youth, with preference for youth in grades four through eight,
with regular enrichment activities during non-school hours, including after-school,
evenings, weekends, and school vacation periods, and that will provide equal access
and programming for girls. The buildings may be leased to nonprofit community
� organizations, subject to Minnesota Statutes, Section 16A.695, for the same
' purposes. Enrichment programs include academic enrichment, homework assistance,
computer and technology use, arts and cultural activities, clubs, school-to-work ¢nd
work force development, athletic, a�Ld recreatio�zal activities. Grants must be used to
improve the quality or range of program offerings andJor eJtpand the number of
children participating in enrichment programs. The facilities must be fully
available for programming sponsored by youth-serving nonprofit and community
groups, or school, county, or city programs, for maYimum hours after school, evenings,
weekends, summers, and other school vacation periods. Priority must be given to
proposais that demonstrate collaboration among private, nonprofit, and public
agencies, including regional entities dealing with at-risk youth, and community and
parent organizations in arranging for programming, staffing, transportation, and
equipment. Prioritq must also be given to school attendance areas with high
concentrations of children eligible for free or reduced school lunch.
Each grant must be matched by $1 from local sources for each $2 of state money. In-
kind contributions of facilities may be used for the local match. The value of in-kind
contributions must be determined by the Commissioner of Finance.
Preference must be given to projects for which at least ten percent of the Youth
Initiative Grant is eacpended using YouthBuild under Minnesota Statutes, Sections
268.361 to 268.367, or other youth employment and training programs, for the labor
�portion of the construction. Eligible programs must consult with appropriate labor
organizations to deliver education and training.
1
�� -s�t�
Five million dollars in grants is specified for enrichment projects within the city of
St. Paul. Local sources must add another $2,500,00.00 in matching funds (total of
�7,500,000.00). Of the grant amount, at least $2,500,000 must be used in the
neighborhoods of Summii-University, Thomas-Dale, North End, Payne-Phalen,
Daytons B1uff and the Fi'est Side. 'I'he remaining $2,500,000 is available citywide,
with priority for some of the remaining amount given to proposals by public/private
partnerships currently offering after-school enrichment programs in low-income
areas in conjunction with a neighborhood-based organization. Up to $100,000 of the
remaining $2,500,000 may be used to develop urban sports facilities for at-risk
inner city youth, inciuding those older than eighth grade.
A steering committee •was formed and reports to the Joint Property Tax Advisory
Committee (JPTAC) made up of Ramsey County, the City of St. Paul and the Saint
Paul Public Schools. The steering committee has representatives from the three
operating Youth Initiative Collaboratives within the City of St. Paul and also has
representatives from the community at-large and the public agencies who are
members of the JPTAC. A"Call for Concepts" was issued, and twenty-one
responses were received by the deadline of May 30, 1997. These responses were
screened for eligibility, and community meetings were held, during which
collaboration among the applicants was encouraged.
A"Step 2 Final Proposai Submittal" was then issued to which fifteen responses
were received on August 11, 1997. These responses were scored by voting members
of the Steering Committee and ranked according to those scores. After deliberation
and budgetary� considerations, eight projects were recommended to the JPTAC in the
following ranked order:
• Daytons Bluff Community R.ecreation Center
• Neighborhood House/El Rio Vista Youth Collaborative
• Frogtown Center for Families (Phase I)
• Jimmy Lee Redevelopment
• City AcademylWilder Recreation Center
• Sackett Park Restoration
• Martin Luther King Recreation Center Expansion
• Baker Community Center/Cherokee Heights Addition
Because of th.e aggressive construction schedule ¢�ad its dependence ¢nd interrelationship
with a city project, this document couers only the first project — th.e Daytons Bluff
_ Community Recreation Center.
2
�_ o
Project Name:
St. Paul Project No.:
Targeted Iv'eighborhood:
Building Ownership:
Land Ownership:
Requested Grant:
Identified Match Funds:
Other Project Funding:
Total Construction
Daytons Bluff Community Recreation Center
97-13
Da} Bluff
City of St. Paul
Saint Paul Public Schools, Independent School District 625
$1,150,575.00
$1, 422, 000.00
$1,148, 000.00
Cost Estimate: $3,720,575.00
Project Summary: The proposal is for new construction of 5,040 square feet
which will allow for program expansion by adding a
teaching kitchen, theater, dance/aerobics room, and
computer room. Construction of these rooms will allow
for educational, cultural and recreational opportunities
for youth in grades four through eight. The rooms and sizes
are as follows:
1. Teaching kitchen - 460 square feet
2. Theater - 3,050 square feet
3. AerobicslDance room - 1,240 square feet
4. Computer room - 290 square feet
Proposed Programming: Daytons Bluff Community Recreation Center currently
has an office, a sma11 gym, one multi•purpose room used
for meetings, classes, arts and crafts teams and other
special events. Over the last few years, the community
has grown so rapidly that the recreation center has
inadequate space available to provide the needed services
for youth in the community. This proposai focuses on
providing youth in grades four through eight opportunities
to participate in different cultural, educational and
programs/activities that many of these students have
never e�cperienced. Currentiy, there is no teaching kitchen,
theater, dance/aerobics room or computer room anywhere
in the Daytons Bluff community specifically for youth.
This proposal will allow for the expansion and
enhancement of the recreation center's proa am by
construction of these four specific rooms in conjunction
with tfie planned expansion of the community recreation
center which is funded through Community Development
Block Grant (CDBG) city funds.
3
°l� �S a�o
2. Project Background Narrative
Statutory Requirements
b4innesota Laws, Chapter 463, Section 4, appropriated �5 million to the City of
St. Paul to use for enrichment grants. �2.5 million must be used within six targeted
neighborhoods. The remaining $2.5 million is available citywide, but may also be
used within the six targeted areas.
Projects must comply with Minnesota Statutes, Section 16B.335, which requires
this predesign submittal.
Additionally, any building leased to a nonprofit community organization is subject
to Minnesota Statutes, Section 16A.695, and preference will be given to projects on
wtiich at least ten percent of the Youth Initiative Grant is expended using
Youthbuild under Minnesota Statutes, Sections 268.361 to 368.367.
Operational Pro�ram
The St. Paul Parks and Recreation Department wili operate this facility, using its
general and capital fund resources which will be allocated appropriately for the size
and program scheduling requirements of this facility. Parks and ftecreation
projects that utilities (gas, electricity, water, sewer) will increase $35,000 per year
while staff costs wili increase $45,000 per year.
Needs Analysis and Plannin� Process
This project will constitute an expansion of the Daytons Bluff Community
Recreation Center addition already being planned. These additional spaces are
being programmed specifically for grades four through eight and will operate
intensively during the after-school hours. The recreation center serves hundreds of
diverse families and youth. Daytons Bluff Elementary School (adjacent to the
recreation center) ranked low in district test scores, with a high percentage of the
attending students receiving free and reduced lunches. This proposal will focus on
providing cultural, educational and recreational classes with the construction of
these additional spaces. Additionally, the Daytons Bluff Elementary School has
been selected as a conversion site for the Achievement Plus program which
constitutes a unique partnership between the Saint Paul Public Schools, the Wilder
Foundation, the City of St. Paul, Ramsey County, the Department of C4ildren,
Families and Learning and the Daytons Bluff community. (A separate predesign
submittal has �ieeir by the pepartment of Administration for the
Achievement Plus pr os .� �"����"8` �G�v��-coyv
�
`i8 - a�
i
Resolutions have been approved by the City of St. Paul, Ramsey County, and
Independent School District 62�, approving this expenditure and the use of the
buildings and grounds for the Youth Initiative project. These resolutions are
attached. (Attachment A)
3. FinancialInformation
Proiect Cost Plan
Estimated cost - new construction :
Estimate breakdown:
Construction (Community
Center)
Demolition
FFE
A/E fees
Inspection
Subtotal
Youth Initiative Grant
Request
Grand Total
$135.00 per square foot.
1, 980, 000
36,000
150,OQ0
340, 000
64,000
2,570,000
1,150,575
3,720,575
(This total does not inciude the Achievement Plus
addition and remodeling.)
Note: $1,422,000 of the $2,570,000 subtotal is being proposed as local match
and will be calculated as part of the required $2,500 total match.
Estimate of Proiect Impact on Operating Budgets
See No. 2(Operational Program) above.
4. Schedule Information
Proiect Schedule
Bid date: February 25, 1998
Start construction: \ March 23, 1998
Construction period estimated at 370 calendar days.
Complete construction: Spring 1999
5
a��-s�
Fundin� Sequence
�Z'e are proposing that this be funded as a"end grant". The three public entities wili
fund the construction through the spring of 1999, at which time we will apply for the
grant of $1,150,575.00 to reimburse the parties for their expenses. The
�2,570,000.00 from the CDBG program has previously been appropriated and is
available for expenditure at this time.
5. Project Description
ArchitecturaUEn�ineerin� Pro�ram
See Attachment B
Information Technolo�y and Telecommutin� Plans
As part of the Achievement Plus addition to the building, a technology system,
including communication, audio-visual and data networks, will be installed at
Daytons Bluff Elementary School. An automation system controlling heating and
air conditioning functions in the building will be included as part of this project, as
will a securitylintrusion alarm. There are no plans at this time for telecommuting,
since it has only limited applicability to a project of this nature.
Pzedes�gn/YIG/DB 6
Attachment A
INDEPENDENT SCHOOL DISTRICT NO. 625
BOARD OF EDUCATlON
SAINT PAUL PUBLIC SCHOOLS
RESOLUTION - GENERAL FORM
a� s�
�°�II�?°�` d Board File No.
���� — Date
vueucsc�oo�s ••'•o-�•E•�••�
t7NcP,tAS, the City of Saint Paul, Ramse� County and the Saint Paul
Pubiic Schools comprise the Joint Propert� Tax Advisor� Committee
j�P"i AC) pursuant to A1.5. 383F�. 75, and
�
:lN�3EA5, the .State of fYinnesota has created a Youth Initiative
iBondiny; Grant pro�ram pursuant to E_ar�5 of ;:Sinriesota, ChaNter 463,
Section 4, to make available fundin� to desi,r,n, furnish, e�uip, repair,
repiace or construct parks and recreation buildin<�s and school i�uildinc-s
to arovide ;�outh in c,rades four throu�h eie�ht viith enrichneRt activities,
durin� nonschool hours snd that w.ill ;+rovide equal access and
pro�rammin� for _r,iris, and
:'r{iEi:caS, the JPTAC reco�nizes tf�e neec: 2o provide such
enrichr,�ent activities for the ;�outh of the Cit� of Saint Paul, and see'r.s
tu submit an application for the Youth initiative (3ondiny)Grant
adninistered b; ttie i:•�innesota Jepart;:�ent of Chiidren, Far.•�ilies and
Le�rninr;, and
:������?cH�, the ad�inistrative staff assi_c,ned to this project have
rormed a steerin� cor.�mittee and have met and coli�5orated with cor�munit i
re�resentatives and delivered to JPTi1C a recomnendation for the pro�ects
to be inciuded in the appiication to the State of ie9innesota for �rar�t
�unciinn, and
:'ii�F;cR�, the .;:'TAC has revie::�ed and approved ttie
recomr�endations of the Steerin,r- Committee, and t�as passed them on
to its mer�berstiiF}'s elected E,odies for review and consideration, and
:�t;'c� �A.S, the �aint Paui Pu�lic Schoois has participated in this
process and supports the joint application �y the three participatinc,,�
pu: entities,
AYE
_ Chair
_ Y�ce Chair
_ Cferk
_ Treasurer
_, Direcsor
_, Director
_ Director
NAY
CHAIR
CLEf?K
Boatd of Education
Board of Education
Attachment A
qg s�
NOW, THEREFORE, SE IT RESOLVED:
TiiAT the Saint Paul Public Schools has reviewed the two
projects proposed for construction on its property and approves the
use of its praperty for these projects, specifically 2he use of its
land for the Daytons Bluff Community Recreation Ce�ter expansion
project number 97-13, comprised of $7,150,575.00 grant funding and
$2,600,000.00 match funding (total $3,750,575.00) and the use of
its tand for tfie Baker Community Center/Cherokee Heights Elementary
School Addition, project number 97-15, in the amount of $679,609.00
grant funds and $0 match (total $679,609.00), and
THAT administrative staff are hereby authorized to submit an
applicat+on to the Minnesota Departmeni of Chi{dren, Fami{ies and
Learning for funding of these projects.
ORIGINAL
RESOLUTION
CITY OF SAL�'i' PAUL. M
Presezted Hy
Refer:e3 To
,, , , / .
. '�—
�i:t:.�� 1;,�
r
Attachment A
�� '"5��
Council File r 9'J.- /S7G
Green Sheet ,= .Sy 3 D (
A �� / g
/ �
� ki ���il��
��
:ttee: Date
1 Sr-'cRE„S, the City of Saint Paul, Ra�ns • Cc�.:n�: , aad the Ssir.: Pau! P�,lic Schools
2 co^prise the Joint Pro�erty Tax Aflvisory .itcee (J?T.`.7) ;�urs::ar.t to M.S. 363A.75,
3 aad
4
5 h:=,2EAS, the State of Mirzeso:a has created a Youth Initiative (B:adir.gl Graat
6 prograr.. purs::aat to 1996 La�s of M.inaeso:a, Cha�ter a63, Sectic:� 4, to nake
7 available fti:^.3:ng to desica, fuz.^.ish, eg_:p, re?aiz, re�lace, c: cor.strutt parks ar'_
s zecrea_io^ bu:lflin3s >,� 5choo? b;:ild'_r.cs te Frevide yoc:h _.. c=a�es fccrt�: tY:re::g:
5 e:c'.::h v±t'r. e-=ick:ne�: accit•iLies d�rir.g r._::-s='r.00l houzs a:� ;;a: rrill p:ovide
10 ec�al access aac preg:amming for gizls, a^c
11
12 W.:Fs�AS, the me:c�ers`.:i� bo3ie5 of JPSRC zecog^ize the�r.eed to F°cvid- sac�
13 enrichr..e-t ac:ivities for thz you:t: o: the City�c_' Sair.t Fa�,:? ar.? seek :o sL::mit a
1a detaile9 a�rlicat:oa :c_ the Youth Iai:ia:ive i9o:�ding) Gra^: a�r.._ais.esz� by the
15 Mc:ir�so:a De�ar:r,.eat c. Chilfl:ea, Fa-ilies aac Learr.ir.a, a:::
16
17 h'?5=_::5, the a3r.._nistxative staff assicn_c ;e :?:?s project ?:ave fc:.��;e.i ,, s:aering
B cor.-,i:tee a;d have met sa3 collabozateZ �:_2 : cerr..nnity ze�rese-.a:ives aa� delivere�
19 to Jr a reco-,�e-caciea :or the projects to be ir,clude3 in th< a:�licatzca to tl:e
20 Stace o: p:;: zes�ta fo_ czaat fcadi^g, or.d
21
22 k:_=_�5, the J?7AC has revie»e� a.c artzcve� the reccr„meada:io::s o`_ the steezinc
- s3 co--?tt=e a�3 rave p=_=_sed ther., c^. to its r.,m.. - b_zs?::p•s electe= b�__es _°c. recie:r
2S c�:s'_de:a=:c-, a-�
25
�= H====�5, th° City o`_ Sacr.= ?c_? has pF:ticc�a_e3, serving as lea'_ a�e:cy, in this
�7 Frocess a-d s�__c_cs t'r._ jc:r.c arriica:ior. b}• t.*.e three par:ic__at_ac y_+�?_�
2E e::ities.
29
3o Ro�, T 5= IT EESO�VtD tha_ the City has zeviewed the projects aac su�por:s
31 ti:e s:e>_rir.g connittee zecomneadatio^s, ir. the a-o�.:nt totalir.e S5, OOG, OGO, o° tha
32 follohir.g p:ojects:
33
3S
35 57-01 Neig`i5or.*.ocd Eoise/El Rio Vista Recreatior. CenGe_
36 97-OS City Acade-. - Wildez Recreatio:: Ceatpr
37 5%-07 F:og.o�.r.. Ceater Foc Fam:liesli+. Mir�ehaha
38 � Recreation Ceater
» '� �_,�7-'_1 SatYett-Par'r._ F.estcra:ioc
<G :'-_� N.-: ir. L�_.: er Y.'_^g Cor.-.`._ty/r._creat=o- Ce-ter
*- B-_j D2 f:CL' S b'��' CO�-..._'�t r.'�'�a'��� CE:::!'
+'- 5'-iS ._c-;� l°° r._CIeaC�O..�Cec' -
ai \Gj � $ '-C =3%°_ �'C_"_"'\ �'° :P� i...'.°_:Of°c : E__: L� SC: CO:
_ ���.�
;:
4<
4�
52E1,CC0;
.4PS,D
SE2E,S2C;
55=,CC_,
" ,225�3sE:
��'�L�'� r
" :=.C�.:
5:':,c_S. 2.:'_
48
49
50
51
52
53
54
55
56
57
58
59
60
E1
62
63
64
65
66
67
EB
E9
70
�
':�
Attachment A
B'c I? FiJ�T'r'ER RESOLVcD that the City supporCS use o: the folloc:ing na.ching gt,���
t�e a:nowzt equaling 52,500,000 as ideatifie3 by the sceering cor.-ittee:
City Aca3e�y - Wildez Reczeatioa Cen:e:
Fzogtotia Cen[er For FaniliesJW. Minne.*.aha
Recreatioa Ceater
Sackect Park Res:oration
Martir. Luther Kir.g Comma.zitylRecreatio.^. Ce::ter
DayLOn's Eluff Cor,�•„*�ity Recrea:ioa Center
Jir.�T,y Lee Recreatior. Center
$250, 000 - L� ��
575,000
$30,000
$4fi3,000
$1,422,000
5250,000, and
E= IT FLn,;f=� gr50i.V=D that any modifications to the ma:ching Pw^.ds be either
cre3ited to or debite3 fron the amou.zt resulting fron the cor.struction of the
Dayton�s Blu;f Reczeation Center; and
8= IT FJRS'r.=R R°SO:.Vc^D that the City supports the ider.t:fied constructioa on its
property aad to its buildings and ap�:oves the use of its p:o�e:ty aad buildings fc:
these pzojects; and
$� I? FIF`.-.,L.LY RESO?,taD that a�^�inistrative s.a'_f are hezeby authorized to s�nit zr.
a�plica:zoa to tt:e ki _ Departneat o: Chilcze-, Far.._l±es aa3 Lea�±ng fo=
iL-.c'i^g o: these projec:s.
ORIGfNAL
�iEa3fESiati zE a __ E _______ L __ F _ S �____
+R � 5 r = C�S�CSiiES
rr ----
�j1 Rec.:este3 by De�ar[ne-: cf;
- — � jl � �
Ii I �
6 � ��
___-__-i�====__�_______=s I B�: _ �, 1���/'�`l�>rr�l�
Ado�te3 by Couacil: Date
A3option Cer:ifie3 by Cow�cil Secreiary
By:
F��rove3 by Mayo::
E:•:
Da:e
Fo^c A�p=ove_ by City Attorr._y
BY� � ' �"�/' / •�✓.���
A�prove:. by N.aycr fos SrS�,_ssica to
Cc•_.._'_1 �
r: : _ � �� l � ��l/./jl.
Attachment B
�.F s��
DAYTONS BLUFF RECREATION CENTER
& SCHOOL ADDfTION
COMM15SlON NUMBER 97103
Revised 2/5/98
Recreation Center
Gymnasium
Gym Storage
Lockers
Teen Room
Dance/Aerobics Studio
Multi-Purpose Room
Teaching Kitchen
Director's Office
Police "Storefront"
Craft Room
Computer Room
Recreation for Small People
Restrooms (2)
Warming Room
Staff Restroom
Theater
Outdoor Storage
Lobby/Entry
Vending Aicove
MechanicaVElectrical Space
Custodial Space
Flood Hose Room
Storage:
Teen Room
Director
Muiti-purpose
Crafts
Kitchen
Custodial
Dance
Totai
Gross up factor 1.2
Total Gross Area
DB Space by BN'BR
SPACE PROGRAM
Area
6,016 s.f.
401 s.f.
In corridor adjacent to gym
408 s.f.
1,240 s.f.
964 s.f.
460 s.f.
265 s.f.
ln entry tobby
497 s.f.
290 s.f.
374 s.f.
514 s.f.
290 s.f.
67 s.f.
3,050 s.f.
404 s.f.
804 S.f.
50 s.f.
1,065 s.f.
75 s.f.
20 s.f.
25 s.f.
20 s.f.
220 s.f.
50 s.f.
In cabinets
in room
66 s.f.
�
Gross UOp 1.22
381 s.f.
18,070 s.f.
4.077 s.f.
22,147 s.f.