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1m. Villages on the Ponds: Agreement between City & AUSMARCITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 MEMORANDUM TO: Don Ashworth, City Manager FROM: Bob Generous, Senior Plaimer DATE: June 25, 1997 SUBJ: Agreement Between the City and AUSMAR Development Co., LLC, Village on the Ponds, Livable Communities Demonstration Account and Transit Capital Financial Assistance Grants BACKGROUND On June 23, 1997, the City Council approved the Village on the Ponds Hardscape, Landscape, Buffer Yard, and Wetland Enhancement /Mitigation Plan prepared by BRW, Inc., dated May 9, 1997 (Attachment C of the agreement). On September 23, 1996, the City Council approved PUD 95 -2, Village on the Ponds. DISCUSSION As part of the city's participation within the project, the city applied for and was awarded grants from the Metropolitan Council to assist with the funding of the "public realm" improvements along Main Street and Lake Drive. The proposed streetscape plan, including sidewalks, boulevard plantings, benches, trash containers, bike rakes, bus plaza and shelters, is divided into two phases. The first phase will provide one continuous pedestrian loop within the development: the trail system around the village pond and from Highway 5 to Lake Drive and the north end of Main Street, along the north side of Lake Drive, along the east side of Main Street, and the plaza area near the bus shelters. The remainder of the improvements will be completed as adjacent development is completed. The agreement is structured such that once eligible improvements are completed, the developer will submit a payment request to the city. The city will then submit a disbursement request to the Metropolitan Council. Upon receipt of payment by the Metropolitan Council, the City will pay the developer. Don Ashworth June 25, 1997 Page 2 RECOMMENDATION Staff recommends that the City Council approve the following motion: "The Mayor and City Manager are authorized to execute the Agreement between the City of Chanhassen and AUSMAR Development Co., LLC for use of Transit Capital Financial Assistance and Livable Communities Demonstration Account Grant Funds as part of the Metropolitan Counties Livable Communities Demonstration Initiative." ATTACHMENTS Agreement AGREEMENT BETWEEN THE CITY OF CHANHASSEN AND AUSMAR DEVELOPMENT CO., LLC FOR USE OF TRANSIT CAPITAL FINANCIAL ASSISTANCE AND LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT GRANT FUNDS AS PART OF THE METROPOLITAN COUNTIES LIVABLE COMMUNITIES DEMONSTRATION INITIATIVE THIS AGREEMENT is entered into this day of , 1997, by the City of Chanhassen ( "the City "), and AUSMAR Development Co., LLC ( "the Developer ") for the use of Metropolitan Council Transit Assistance Capital Grant Funds to Construct a transit facility and Metropolitan Council Livable Communities Demonstration Account funds for pedestrian improvements in connection with the Developer's Village on the Ponds development. WHEREAS, the Metropolitan Council is authorized by law to make grants to the City to assist in the funding of transit capital projects such as public transit and support facilities and demonstration projects to assist in providing safe and convenient access to transit services; and WHEREAS, the City is authorized by Minnesota Statutes 473.254 to participate in the Livable Communities Demonstration Account and the Local Housing Incentives Account, and is an eligible recipient for transit capital financial assistance under Minnesota Statutes section 473.375; and transit for livable communities under Minnesota Statutes section 473.3875; and WHEREAS, the City has been awarded grant funds from the Metropolitan Council pursuant to these programs, as evidenced in Attachments A and B, for the purpose of constructing a transit facility and pedestrian improvements within the City; and WHEREAS, the City is authorized by Minnesota Statutes section 412.221 to enter into contracts or agreements to make effective its powers. NOW THEREFORE, in consideration of the mutual promises and covenants contained .in this agreement, the Developer and the Council agree as follows: ARTICLE I. PROJECT 1.1 Project. Developer will construct the transit facility, including bus cut- outs, heated bus shelter, pedestrian plaza, related street furniture, signage and lighting 52457 and related improvements designated as the Lake Drive East Transit Facility (Villages on the Ponds) . 1.2 Construction Plans. Developer will construct the Project according to the Plans and Specifications and related documentation attached as Appendix C. ARTICLE II. FINANCING 2.1 Project Costs. Developer will account for all costs associated with the Project in accordance with the requirements specified in Attachments A and B, and in particular Section III of Attachment A, and Section IV of Attachment B. 2.2 Processing and Reimbursement. Developer will forward to the City all grant eligible Project costs. The City will forward the submitted costs to the Metropolitan Council for reimbursement. City will promptly forward or transfer any grant funds received from the Metropolitan Council to the Developer. The City has no responsibility for payment of any grant - eligible Project costs not reimbursed by the Metropolitan Council. 2.3 Non - eligible costs. Developer agrees to submit only grant - eligible costs to the City and the City has no responsibility for any non - grant - eligible costs of the Project. 2.4 Cost overruns. Developer bears all risk of any cost overruns or project changes and expressly agrees to release the City from any responsibility or liability associated with these events. Maximum amount of funding for these improvements shall be $690,500.00. ARTICLE III. GENERAL CONDITIONS 3.1 Compliance with Law. The Developer agrees to comply, and to require all subcontractors to comply, with the provisions of all applicable state and federal laws, including workers' compensation, reemployment insurance, contractor and subcontractor payment statutes, and Occupational Safety and Health Act regulations. 3.2 Liability. Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. The City's liability shall be governed by the Minnesota Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. 52457 -2 3.3 Risk of Loss and Insurance. Developer shall bear the risk of loss of, damage to, or destruction of any equipment and vehicles purchased with grant funds and any buildings or other improvements to land associated with the Project, whether or not funded in whole or in part by grant proceeds. Developer will secure appropriate insurance or alternative coverage to cover full replacement value and to protect grant funds or City assets as indicated in Section 5.07 of Attachment B. 3.4 Equal Opportunity; Affirmative Action. Developer agrees to comply with all applicable laws, rules, and regulations relating to nondiscrimination and affirmative action in public purchase, involvement, and use as specified in Section 5.08 of Attachment B. 3.5 Permits, Bonds, and Approvals. Developer is responsible for obtaining all applicable local, state and federal permits, bonds, and authorizations necessary for completing the Project. 3.6 Other Grant Terms. Developer reaffirms its agreement to be bound by all terms and obligations associated with the receipt of Metropolitan Council grant funds as specified in Attachments A and B and agrees to defend and hold harmless the City for any loss or liability attributed wholly or partly to the noncompliance by the Developer with the terms or obligations imposed by the Metropolitan Council. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized representatives on the day first written above. CITY OF CHANHASSEN IM Nancy K. Mancino, Mayor AND: Don Ashworth, City Manager /Clerk 52457 -3- AUSMAR DEVELOPMENT CO., LLC Its: STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of , 1997, by Nancy K. Mancino and by Don Ashworth, respectively the Mayor and City Manager /Clerk of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1997, by the of AUSMAR Development Co., LLC., a Minnesota limited liability company, on behalf of the company. Notary Public 52457 _4 ATTACHMENT A P Grant No. SG -97 -53 METROPOLITAN LIVABLE COMMUNITIES ACT LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT GRANT AGREEMENT THIS GRANT AGREEMENT is made and entered into by the Metropolitan Council ( "Council") and the City of Chanhassen ( "Grantee"). WHEREAS, Minnesota Statutes section 473.251 creates the Metropolitan Livable Communities Fund, the uses of which fund must be consistent with and promote the purposes of the Metropolitan Livable Communities Act and the policies of the Metropolitan Development Guide adopted by the Council; and WHEREAS, Minnesota Statutes sections 473.251 and 473.253 establish within the Metropolitan Livable Communities Fund a Livable Communities Demonstration Account and require the Council to use the funds in the account to make grants or loans to municipalities participating in the Local Housing Incentives Program under Minnesota Statutes section 473.254 or to metropolitan-area counties to fund the initiatives specified in Minnesota Statutes section 473.25, paragraph (b), in participating municipalities; and WHEREAS, the Grantee is a "municipality" participating in the Local Housing Incentives Account program under Minnesota Statutes section 473.254 or a metropolitan-area county and submitted an application for Livable Communities Demonstration Account funds in response to the Council's request for applications; and WHEREAS, at its December 19, 1996 regular meeting, the Council awarded Livable Communities Demonstration Account grant funds to four projects, including the project described in the Grantee's application for Livable Communities Demonstration Account funds. NOW THEREFORE, in consideration of the mutual promises and covenants contained in this agreement, the Grantee and the Council agree as follows: I. DEFINITIONS 1.01 Definition of Terms. For the purposes of this agreement, the terms defined in this paragraph have the meanings given them in this paragraph unless otherwise provided or indicated by the context. (a) "Metropolitan Area" means the seven - county metropolitan area as defined by Minnesota Statutes section 473.121, subdivision 2. (b) "Municipality" means a statutory or home rule charter city or town participating in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254, or a county in the Metropolitan Area. r (c) "Participating Municipality" means a statutory or home rule charter city or town which has elected to participate in the Local Housing Incentive Account program and negotiated affordable and life -cycle housing goals for the Municipality pursuant to Minnesota Statutes section 473.254. II. GRANT FUNDS 2.01 Total Grant Amount. The Council will grant to the Grantee a total sum of $500,500.00 which shall be funds from the Livable Communities Demonstration Account of the Metropolitan Livable Communities Fund. Notwithstanding any other provision of this agreement, the Grantee understands and agrees that any reduction or termination of Livable Communities Demonstration Account grant funds made available to the Council may result in a like reduction to the Grantee. 2.02 Authorized Use of Grant Funds. The total grant amount made available to the Grantee under this agreement shall be used only for the purposes and activities described in the Grantee's application for Livable Communities Demonstration Account grant funds, as revised to reflect the grant award made by the Council. A copy of the Grantee's application which identifies eligible uses of the grant funds is attached to and incorporated into this agreement as Attachment A. If the provisions of the Grantee's application are inconsistent with other provisions of this agreement, the other provisions of this agreement shall take precedence over the provisions of the application. Grant funds must be used to fund the initiatives specified in Minnesota Statutes section 473.25, paragraph (b), in a Participating Municipality. Grant funds must be used for costs directly associated with the specific proposed activities and are intended to be used for "hard costs" rather than "soft costs" such as: administrative overhead; activities prior to the start of the grant project; travel expenses; legal fees; permits, licenses or authorization fees; costs associated with preparing other grant proposals; operating expenses; planning costs, including comprehensive planning costs; and prorated lease and salary costs. The Council shall bear no responsibility for cost overruns which may be incurred by the Grantee or others in the implementation or performance of the project activities described in Attachment A. The Grantee agrees to remit to the Council in a prompt manner, any unspent grant funds and any grant funds which are not used for the authorized purposes specified in this paragraph. The Grantee must complete all major components of the grant project as proposed and for which the Council made its grant award, or the Grantee must return to the Council the entire grant amount specified in paragraph 2.01 of this agreement. 2.03 Budget Variance. A variance of ten percent (10 %) in the amounts allocated to various eligible uses identified in Attachment A shall be considered acceptable without further documentation or Council approval. Budget variances exceeding ten percent (10 %) may require approval of the governing body of the Metropolitan Council. Notwithstanding the aggregate or net effect of any variances, the Council's obligation to provide grant funds under this agreement shall not exceed the maximum grant amount specified in paragraph 2.01 of this agreement. 2.04 Disbursement Schedule. The Council will disburse the grant funds to the Grantee in accordance with the grant fund disbursement schedule contained in Attachment B, which is incorporated into and made a part of this agreement. The Council will make disbursements only upon receipt of a written disbursement request from the Grantee's authorized agent or representative. Paue 2 of 5 Pages 2.05 Interest Earnings. If the Grantee earns any interest or other income from the grant funds received from the Council under this agreement, the Grantee will use the interest earnings or income only for the purposes of implementing the project activities described in Attachment A. 2.06 Effect of Grant. Issuance of this grant neither implies any Council responsibility for contamination, if any, at the project site nor imposes any obligation on the Council to participate in any pollution cleanup of the project site if such cleanup is undertaken or required. III. ACCOUNTING, AUDIT AND REPORT REQUIREMENTS 3.01 Accounting and Records. The Grantee agrees to establish and maintain accurate and complete accounts and records relating to the receipt and expenditure of all grant funds received from the Council. Notwithstanding the expiration and termination provisions of paragraphs 4.01 and 4.02, such accounts and records shall be kept and maintained by the Grantee for a period of three (3) years following the completion of the project activities described in Attachment A or three (3) years following the expenditure of the grant funds, whichever occurs earlier. For all expenditures of grant funds received pursuant to this agreement, the Grantee will keep proper financial records including invoices, contracts, receipts, vouchers and other appropriate documents sufficient to evidence in proper detail the nature and propriety of the expenditure. Accounting methods shall be in accordance with generally accepted accounting principles. 3.02 Audits. The above accounts and records of the Grantee shall be audited in the same manner as all other accounts and records of the Grantee are audited and may be audited or inspected on the Grantee's premises or otherwise by individuals or organizations designated and authorized by the Council at any time, following reasonable notification to the Grantee, for a period of three (3) years following the completion of the project activities described in Attachment A or three (3) years following the expenditure of the grant funds, whichever occurs earlier. 3.03 Report Requirements. The Grantee will provide to the Council one or more written reports which report on the status of the project activities described in Attachment A and the expenditures of the grant funds. The reporting schedule and the content of the written report(s) are identified in Attachment C, which is incorporated into and made a part of this agreement. 3.04 Environmental Site Assessment. The Grantee represents that a Phase I Environmental Site Assessment or other environmental review has been or will be carried out, if such environmental assessment or review is appropriate for the scope and nature of the project activities funded by this grant, and that any environmental issues have been or will be adequately addressed. IV. AGREEMENT TERM 4.01 Term. This agreement is effective upon execution of the agreement by the Council. Unless terminated pursuant to paragraph 4.02, this agreement will expire upon completion of the project activities described in Attachment A or following the expenditure of all grant funds by the Grantee, whichever occurs earlier. 4.02 Termination. This agreement may be terminated by the Council for cause at any time upon fourteen (14) calendar days' written notice to the Grantee. Cause shall mean a material breach of this agreement and any amendments of this agreement. If this agreement is terminated, the Grantee D,..... 2 -r c D . . shall receive payment on a pro rata basis for project activities described in Attachment A that have been completed. Termination of this agreement does not alter the Council's authority to recover grant funds on the basis of a later audit or other review, and does not alter the Grantee's obligation to return any grant funds due to the Council as a result of later audits or corrections. If the Council determines the Grantee has failed to comply with the terms and conditions of this agreement and the applicable provisions of the Metropolitan Livable Communities Act, the Council may take any action to protect the Council's interests and may refuse to disburse additional grant funds and may require the Grantee to return all or part of the grant funds already disbursed. 4.03 Amendments. The Council and the Grantee may amend this agreement by mutual agreement. Amendments, changes or modifications of this agreement shall be effective only on the execution of written amendments signed by authorized representatives of the Council and the Grantee. V. GENERAL PROVISIONS 5.01 Equal Opportunity. The Grantee agrees it will not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local civil rights commission, disability, sexual orientation or age and take affirmative action to insure applicants and employees are treated equally with respect to all aspects of employment, rates of pay and other forms of compensation, and selection for training. 5.02 Conflict of Interest. The members, officers and employees of the Grantee shall comply with all applicable state statutory and regulatory conflict of interest laws and provisions. 5.03 Liability. To the fullest extent permitted by law, the Grantee shall defend, indemnify and hold harmless the Council and its members, employees and agents from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from the conduct or implementation of the project activities funded by this grant. Claims included in this indemnification include, without limitation, any claims asserted pursuant to the Minnesota Environmental Response and Liability Act (MERLA), Minnesota Statutes chapter 115B, the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) as amended, 42 U.S.C. sections 9601 et seq., and the federal Resource Conservation and Recovery Act of 1976 (RCRA) as amended, 42 U.S.C. sections 6901 et seq. This obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which otherwise would exist between the Council and the Grantee. The provisions of this paragraph shall survive the termination of this agreement. This indemnification shall not be construed as a waiver on the part of either the Grantee or the Council of any immunities or limits on liability provided by Minnesota Statutes chapter 466, or other applicable state or federal law. 5.04 Acknowledgments. The Grantee shall acknowledge the financial assistance provided by the Council and the State of Minnesota in promotional materials, press releases, reports and publications relating to the project activities described in Attachment A which are funded in whole or in part with the grant funds. The acknowledgment should contain the following, or similar, language: This project was financed in part with a grant from the Metropolitan Council through the Livable Communities Demonstration Account of the Metropolitan Livable Communities Fund. n __.. x -PC n.. -.._ 5.05 Permits, Bonds and Approvals. The Council assumes no responsibility for obtaining any applicable local, state or federal licenses, permits, bonds, authorizations or approvals necessary to perform or complete the project activities described in Attachment A. 5.06 Contractors and Subcontractors. The Grantee shall include in any contract or subcontract for project activities appropriate contract provisions to ensure contractor and subcontractor compliance with all applicable state and federal laws. Along with such provisions, the Grantee shall require that contractors and subcontractors performing work covered by this grant comply with all applicable state and federal Occupational Safety and Health Act regulations. 5.07 Attachments. The following are attached to this agreement and are incorporated into and made a part of this agreement: (a) Attachment A - Grantee's application for Livable Communities Demonstration Account grant funds, as revised to reflect the Council's grant award (b) Attachment B - Grant Fund Disbursement Schedule (c) Attachment C - Written Report Submission Schedule 5.08 Warranty of Legal Capacity. The individual signing this agreement on behalf of the Grantee represents and warrants on the Grantee's behalf that the individual is duly authorized to execute this agreement on the Grantee's behalf and that this agreement constitutes the Grantee's valid, binding and enforceable agreements. IN WITNESS WHEREOF, the Grantee and executed by their duly authorized representatives execution by the Council. the Council have caused this agreement to be This agreement is effective on the date of final Approved as to form: Assistant General Counsel METROPOLITAN COUNCIL Lo Craig R. Rapp Director, Community Development Date CITY OF C HAS E /U, B Don Ashworth, City Manager Date II M7 Pape 5 of.S Pavwx ATTACHMENT A APPLICATION FOR LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT GRANT FUNDS This attachment comprises pages A -1 through A -10 and incorporates the Grantee's application for Livable Communities Demonstration Account grant funds which was submitted in response to the Council's request for Livable Communities Demonstration Account applications, subject to the following revisions and clarifications which reflect the Council's grant award: In conjunction with and as part of the project activities identified in the Grantee's project application, the Grantee agrees to actively investigate including in its project housing units made available under the April 1995 consent decree entered in the matter entitled Hollman v. Cisneros, Civil No. 4 -92 -712. The Grantee's proposed use of $22,523 of Livable Communities Demonstration Account funds for project inspection, identified in the financial summary at page A -9, is not funded and is not an authorized use of grant funds under this agreement. As indicated in the development contract for the project, the project will contain 168 owner - occupied units, fifty percent of which will be affordable according to the regional definition. The development contract further specifies that the project will contain 154 rental units, thirty-five percent of which will be affordable according to the regional definition. For the purposes of this grant agreement, "affordable" levels as defined by the Council for 1997 are $120,000 for ownership and $716 per month for two- bedroom rental units. The definition of "affordable" levels may be modified for 1998 and following years. METROPOLITAN LIVABLE COMMUNITIES ACT LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT APPLICATION City of Chanhassen, Minnesota 1. GEI\TERAL INFORMATION Project Contact Person: Robert Generous, AICP, Senior Planner Address: 690 Coulter Drive Chanhassen, MN 55317 Phone: (612) 937 -1900 x141 Fax: (612) 937 -5739 2 LOCATION South of Hwy. 5 between Great Plains Blvd. and Market Boulevard. The 66 acre parcel provides a transitional hub between different land uses within the community. Directly to the north of the site is TH 5 and downtown Chanhassen. Most of this area is developed with commercial uses. West of the site is developed with light industrial/office use. Lake Susan, Riley Creek, and Rice Marsh Lake are located south of the site along with single family residential lots. East of the site consists of single family residential and commercial developments. 3. HISTORY The proposed development is scheduled for final approvals on September 9, 1996 before the Chanhassen City Council. Thereafter, individual lots will proceed through the city's site plan review process for review and approval. On August 12, 1996, the Chanhassen City Council granted preliminary approval of PUD #92 -1 including a Comprehensive Land Use Plan amendment from Office /industrial, Institutional, Residential Medium Density, Residential Low Density to Mixed Use - Commercial, High Density Residential, Institutional and Office; Preliminary planned unit development for up to 291,000 sq. ft. of commercial/office buildings, 100,000 sq. ft. of institutional buildings, and 322 dwelling units; Rezoning from IOP and RSF to PUD, Planned Unit Development (first reading); Preliminary plat for 13 lots and 3 outlots and public right -of -way; Wetland Alteration Permit to fill and excavate wetlands on site; Vacation of right -of -way and easements; Environmental Assessment Worksheet (EAW) findings of Negative Declaration of the need for additional environmental investigation. A - I On December 11, 1995, the City Council granted conceptual approval of PUD #92 -1 Villages on the Ponds sketch plan. I August, 1995, the property was reguided from Commercial, Office, Medium Density Residential, Low Density Residential, and Open Space to Office /industrial, Institutional, Residential Medium Density, Residential Low Density as part of the Highway 5 Study. The Highway 5 study was a two year project investigating land uses within the Highway 5 corridor as well as design criteria 'far the development of this vital corridor in the community. As part of the 1991 City of Chanhassen Comprehensive Plan update, the property was guided Commercial, Office, Medium Density Residential, Low Density Residential, and Open Space. 4. PROJECT DESCRIPTION The City of Chanhassen is a rapidly growing community located in the southwestern metropolitan area. While Chanhassen is somewhat unique for a suburb with a well defined downtown, the Villages on the Ponds project is a transit oriented development incorporating a transit facility at the heart of a mixed use development containing commercial, institutional, office and residential components in a compact, safe and pedestrian friendly environment. This development incorporates many of the ideas and techniques espoused in the "Transit Redesign 1996" and the Livable Communities Act and it is worthy of Metropolitan Council support and financial assistance. Southwest Metro Transit fully supports the inclusion of a transit facility on ke Drive e a t Metro within the Villages on the Ponds project in the City of Chanhassen, Minnesota. Transit, the City of Chanhassen and the project developer are working extensively to improve transit opportunities for residents and businesses. We encourage the Metropolitan Council to assist in this endeavor through the provision of Livable Communities Demonstration Account Funds for the project. This project, if successful, will show fringe communities that a mixed use development can work in a suburban setting and that a transit element is an integral component of these developments. the exception of TH 101/Market Boulevard and Great The site is generally open space with Plains Boulevard and one existing residence. The site consists of a mixture of wetlands, brushland, woodland, and some open grassland. The site has been previously disturbed by human activity such as cultivation, grazing, logging, and road construction. Areas of significant .slopes,.in excess of 12 percent, are scattered throughout the property with two areas adjacent to Lake Susan that meet the city's bluff ordinance definition. The overall intent of the development is to provide an expansion of downtown Chanhassen and to create a commercial- office - residential (mixed use) activity center which compliments the existing downtown and provides additional comparison retailing opportunities and residential support to both the existing and expanded downtown. The overall theme off-street nd underground pazkingendly m village scale and traditional character, using both on and and traditional architecture of midwestem vernacular character. In addition, a transit facility is located A -2 j at the village core, encouraging residents and workers to leave their cars and utilize public transit opportunities. Site Master Plan Traditional early 20th century American Towns as a Even European this have served as an inspiration for creation of the Village's neighborhood concept. omparatively smaller development is c in size and incorporates a number of quite modem features, it attempts to assimilate all major positive characteristics of traditional towns, such as the following: • Mix ofUses. Both horizontal and vertical mix of multiple uses within short, comfortable walking distance, allows people to live, work, shop, eat, and accomplish many daily activities at the same place, thus reducing the dependency on the car. Public Realm. The buildings are used to form the streets, plazas and other defined public • spaces for circulation and social activities. The quality of these public realms create the sense of community and neighborhood identity. Parking areas are provided on street, with off - street parking located to the rear of the structures and underground. • Circulation Pedestrians, bicycles and cars share the streets on an equal basis. Pedestrian connections are also made through building corridors from the street to the parking lots and calming" internally between sites through parking lot areas and to public spaces. "Street- techniques are used to slow down and reduce car traffic speeds through the village core area which, along with street parking, makes it pedestrian friendly. Also, as in traditional towns, there is public transit, a bus stop station at the village square. This allows reduced use of cars, benefiting all people, especially children, the elderly, and the physically impaired. The village core (Sector n will be characterized by small one and two story retail/office structures with architectural detailing reminiscent of traditional, vernacular architecture. With the addition of upper level apartments, structures may be increased to three stories and a loft with street level office /retail. Buildings will have a mixture of pitched and flat roofs with a variety of gables, gabled windows, and chimneys. Structures will be placed close to the public way similar to a small downtown area. Structures will often be linked by roofs, canopies and low walls. The Highway 5 (Sector II) component of the development proposes the use of smaller one story building pads of 5, 000 - 15,000 square feet with the exception of the motel/hotel building that will be up to three stories with larger building footprint. . The institutional (Sector III) component is located in the eastern part of the site portion of the site. The area is the relocation site for St. Hubert 's Church and school. The building will consist of two stories and a total building area of 100,000 square feet at build out. The residential/office (Sector IV) component of the development consists of condominium type high density on the western portion of the site and open space on the southern portion of the site. The high density development would be limited to two building pads built in multiple stories, four A -3 plus a loft, with underground parking. A potential office site is located in the northern part of the site. The office building would be limited to two stories. As an alternative, the office building could be replaced with a third condominiand�g sloped pads areas. plateau Underground paridnghall also be of the parcels, maintaining existing vegetation P incorporated into the site design to lessen disruption of the site. An open space component exists in the southern portion of the site below the existing city trail system. The applicant is proposing that these areas be utilized for active recreational uses, tennis courts and a soccer field. The applicant is proposing an environmentally sensitive development of the site that will retain major hardwoods, preserve steep slopes, and protect and enhance wetland areas. This will be accomplished through limitations on building pads, providing underground parking, vertical development of the structures, and the preservation of open spaces. The proposed development attempts to incorporate many elements of what is termed neo- traditional planning, new urbanism, livable communities, or sustainable development. These elements are: Providing a mix of lifecycle and affordable housing, shops, work opportunities, civic facilities within walking distance of each other and accessible by transit. Developing sufficient common, community spaces. Using to the project's advantage, the character, culture, history and amenities of the community. Linking the development to other parts of the community, not only for car, but also for pedestrians and bicycles through the inclusion of trails and sidewalks. Integrating natural, topographical, and environmental features into the design of the project. Creating an infill development in area that is fully developed on three sides and is bounded on the south by a sensitive environmental area. The proposed development can be used as an example of livable communities both from the standpoint of the design of the project and also from the process that was undertaken to bring the development forward. 5. PLANNING PROCESS In the spring of 1995, the developer, Lotus Realty Services, began informal meetings with the City of Chanhassen staff to review potential development options for the Ward property, a 66 acre parcel located south of Highway 5 between Highway 101 and Great Plains Boulevard. Due 4 A -4 , to the high profile location of the site and the unique environmental for the property on the property, staff suggested that a mixed use proposed In August, 1995, the developer submitted a conceptual plan that incorporated a mixed use development consisting of retail, office and residential components. However, this initial proposal was very euclidian in nature, segregating the various land uses in discrete areas. Throughout staff the city s review of the conceptual plan, recommended that mixed uses be integrated throughout the development, incorporating residential units above commercial spaces as well as in separate structures. In addition, the city requested that the developer increase the quantity of residential units that would be incorporated in the development. The City also directed that both ownership and rental housing be components of the development. Staff was able, through the public hearing process to have the developer reduce the specificity of the uses within individual areas, and instead designate the area bubbles as mixed uses with preliminary overall parameters for the development. The City of Chanhassen Planning Commission m h99 puke City ounc� hed hearings on concep proposal on October 18th and November , November 27th and December 11 th, 1995. Conceptual approval by the city provides developers direction on how they should proceed with a development, it does not grant them vested rights nor assure the final approval of the project. At the same time as the review of the project, the city was also responding to the requirements of the Livable Communities Act; reviewing the comprehensive plan for compliance with the Livable Communities Act, analyzing development patterns and vacant land capacities, and developing strategies for the implementation of the Act. Between the city's approval of the conceptual plan and the preliminary plan submittal, staff worked with the Planning Commission and City Council to educate them regarding neo- traditional planning, new urbanism, livable communities, or sustainable development through city workshops, use of videos, sending Commissioners to conferences, and providing planning literature on the topic. In addition, city staff worked with the developer to provide workshops to explain their proposal to the Planning Commission and City Council in small increments: first, reiterating the neo- traditional planning principles, then showing how the project could meet some of the goals of the city; second, explaining the technical details surrounding the subdivision of the land, the potential impacts to the site's natural features (without showing the conceptual - master plan for building and parking placement); and third, discussing the master site plan are architectural standards that would be incorporated in the development. Once the Planning Commission had a grasp of all the details, the applicant submitted their plan for preliminary approval. Concurrently, with the developer's education of the project for the city, the developer was holding separate meetings with the adjacent property owners to hear their concerns and incorporate their comments and ideas in the development. A -5 s ' The Planning Commission held public hearings on July 17th and July 24th, 1996, to review the proposed development. The City Council held a hearing on August 12, 1996. project ect is tentatively scheduled for final approval before the Chanhassen City Council on P September 12, 1996. 6. PROJECT TEAM Owners: Fr. Austin T. Ward Fr. William J. Ward John H. Ward . Sister Mary Ellen Ward Development Team Developer: Lotus Realty Services, Inc. Bradley Johnson Vemelle Clayton Engineers: BRW, Inc. Dean Olson, ASLA, Senior Consultant Elizabeth A. Kunkel, Wildlife Biologist/Wetlands Specialist Architects: Milo Architecture Group Mika Milo, AIA, Principal General Contractor: AMCON 7. PARTNERSHIPS There are currently no formal partnerships involved with the initial development of the site. The developer has been working with the city and Southwest Metro Transit for the inclusion of a transit facility within the development. However, the city envisions that longer term, there will be partnerships between the city, non - profit organizations, and private developers for the provision of affordable housing. 8. USES OF DEMONSTRATION ACCOUNT FUNDS The city proposes the use of demonstration account funds to enhance the public realm including providing the pedestrian connections that will bind this project together, internally, as well as connect the development to the rest of the community. These funds will be used to assist the developer to create the public improvements necessary to build the infrastructure necessary to permit the development of the Villages on the Ponds. A -66 .:. . The project proposes to provide a 14 to 18 foot pedestrian corridor between the edge of curb and ding benches the individual sites build -to line. Within this area, pedestrian enhancements other ameni nclu proposed to tables, flower pots, decorative paving, raised planter boxes create a pleasant and visually pleasing environment. The demonstration account founds would be used to develop the first six to eight feet of this area. These improvements would then be leveraged by the individual site developers to create an additional six to 12 foot pedestrian area for people to play, eat, entertain, meet, relax and interact. The funds are proposed to be used to provide a concrete' sidewalk area around the village pond and along Lake Drive and Main Street, small pedestrian plaza areas and connections, street furniture and decorative lighting, boulevard plantings, a boardwalk across the village pond, and wetland enhancement plantings around the village pond Through the use of LCDA funds, the potential for creating a truly attractive and functional environment for the people who come to the Villages on the Ponds is enhanced. While the city will require that pedestrian access be provided to each site, the ability of individual users to create the pedestrian plazas and street amenities that are being proposed are financially unfeasible and uneconomical for each site. The investment of the Livable Communities Demonstration _Account will be used to leverage the site improvements and pedestrian amenities developed on individual sites. In addition, these funds will permit the development of a continuous pedestrian system throughout the project that would otherwise be phased as development came in to the project. 9. FINANCIAL SUMMARIES See Attachments A and B. 10. PROJECT SCHEDULE See Attachment C. 11. LOCAL GOVERNMENT SUPPORT See attached letter from Don Ashworth, City Manager of the City of Chanhassen, Resolution Electing to Participate in the Local Housing Incentives Account Program under the Metropolitan "Livable Communities Act, and Housing Goals Agreement - Metropolitan Livable Communities Act. if necessary, a formal resolution of support will be provided.) 7 FIM ' Livable Communities Demonstration Account (LCDA) Application ATTACHMENT A SUMMARY FINANCIAL INFORMATION Public Private LCDA Amount Requested 1. Total Project Costs $713,023 $3,469,477 $523,023 Total Soft Cost $ 30,723 $651,777 $ 22,523 Total Hard Cost $682,300 $2,817,700 $500,500 2. Are you requesting a loan or a grant? This request is for a grant. 3. What is the status of financial commitments for this project? The city has been awarded a Regional Transit Capital grant for the provision of a transit facility within the project. The applicant has applied for private financing for site grading and utility installation costs. Appraisals and other documents are under preparation. 4. When Kill you need Demonstration Account funds? The proposed site grading and utility installation is scheduled for the fall and winter of 1996. Street and physical site improvements will begin in the spring of 1997. Demonstration account funds will be needed beginning in the spring of 1997 continuing through the fall of 1997. 8 A 0 LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT (LCDA) APPLICATION ATTACHMENT B FINANCIAL SUMMARY VILLAGES ON THE PONDS, CITY OF CHANHASSEN, MINNESOTA 0AOJE- - /G - r a - g — Streets Street Lighting Lands'c' g__ Site improvements: trails, furniture, sidewalks, etc. u' � lit'6fiii - - -- 6oject Inspection Projed Project Total._ - To tal d6if this Phase $1,433,000 $ $643,000 $225,500 $167,800 $662,000 $157,523 $526,000 )4,183,823 Pu b l ic - Funds - $P $0 $32,000 $149,800 $190,000 Source RTC Fund. RTC Fund LCDA Private Responsible Project Benefits Funds Funds for Implementation $0 $1,433,000 Develope Develop _s improvements _- $0 $369,000 infrastructure $0 $643,000 _Developer infrastructure $150,500 . . $43,000 . - Developer pedestrian -- 'e — st — ri'a — n --- e - n'hanc"e - e - 'n't - s" $1 $33,00 0 ___ Developer p e d estrian enhancements ...4 2115,200 $297,000 Developer pedestrian enhancements $2,818,000 $526,000 Deve $3,470,8001 lb& I ) - .o/ ATTACHMENT C ojE,cr ScEOnuzE • 1996 1997 1998 TASKS - AHJJAS 0XD1JFMAXJJAS ONDIJFKAXJJAS ON I I 1 CITY APPROVALS 1 1 I I FINANCING I ! 1 i SITE GRADING I ! 1 1 UTILITIES 1 { I 1 STREETS i 1 SITE IMPROVEMENTS 1 I 1 LANDSCAPING 1 1 I i - 1 1 1 .1 I 1 I ! 1 ! 1 ! 1 1 1 i 1 1 l 1 ! 1 I 1 I i I 1 i 1 l i 1 1 1 1 I I i 1 1 i I i I , 1 1 .1 1 1 1 1 1 I 1 I 1 1 1 A-10 ATTACH MENT B GRANT FUND DISBURSEMENT SCHEDULE The total grant amount specified in paragraph 2.01 of this agreement shall be disbursed to the Grantee for uses consistent with this agreement according to the following schedule: The Council will disburse grant funds in response to written disbursement requests submitted by the Grantee and reviewed and approved by the Council. Written disbursement requests shall indicate the project activity funded by this agreement, the contractor(s) /vendor(s) to be paid, and the time period within which the project activity was or will be performed. Disbursements prior to the performance of a project activity will be subject to terms and conditions mutually agreed to by the Council's authorized agent and the Grantee. Individual disbursement requests should specify the project or activity to be funded and identify dollar amounts by project or activity. Subject to verification of a written disbursement request and approval for consistency with this agreement, the Council will disburse a requested amount to the Grantee within fifteen (15) business days after receipt of a written disbursement request. ATTACHMENT C WRITTEN REPORTS AND SUBMISSION SCHEDULE Beginning three (3) months after the Grantee initially receives grant funds, the Grantee shall submit to the Council written quarterly reports which shall contain at least the following elements: • A summary of grant funds received and expended to date, including a description of the purposes or uses for which the grant funds were expended; and • A statement of expected grant fund expenditures within the next quarter. The Grantee's final written quarterly report shall be submitted within two (2) months following the expenditure of all grant funds by the Grantee and shall contain a certification by the Grantee's- chief financial officer that all grant funds have been expended in accordance with this agreement and the provisions of the Metropolitan Livable Communities Act. The Grantee also shall complete and submit to the Council a Monitoring and Evaluation Report which will assist the Council in monitoring and evaluating the implementation of the Livable Communities Demonstration Account program. The contents, format and completion date of the Monitoring and Evaluation Report will be determined by the Council. This reporting requirement may survive the termination or expiration of this agreement. AUTHORIZED AGENT The Council's authorized agent for the purposes of administering this agreement is Joanne Barron or another designated Council employee. The written report(s) submitted to the Council shall be directed to the attention of the Council's authorized agent at the following address: Metropolitan Council Mears Park Centre 230 East Fifth Street Saint Paul, Minnesota 55101 -1634 ATTACHMENT B Contract No. SG- 97 -PF -43 ( 1996 Award) AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND CITY OF CHANHASSEN FOR TRANSIT CAPITAL FINANCIAL ASSISTANCE THIS AGREEMENT is entered into this day of f )cry Ar , 19 by THE METROPOLITAN COUNCIL, ( "the Council "), and CITY OF C SSEN ( "the Grantee "). WHEREAS, the Council is authorized by Minnesota Statutes § 473.39 to issue bonds to provide funds to implement the Council's transit capital improvement program ( "the Transit CIP "); and WHEREAS, the Transit CIP provides for funding of capital projects such as vehicle acquisition or refurbishment, public transit and support facilities, computer /communication equipment acquisition, transit equipment acquisition, and demonstration projects to assist in providing safe and convenient access to transit services; and WHEREAS, the Council is authorized by Minnesota Statutes § 473.375 to provide financial assistance to operators of public transit in the metropolitan area; and WHEREAS, the Grantee is an eligible recipient for transit capital financial assistance and has applied to the Council for a transit capital grant; and NNTMREAS,'the proposed project is consistent with the Council's Transit CIP, and the Council desires to assist the Grantee by the award of a transit capital grant. NOW, THEREFORE, the Council and the Grantee agree as follows: L DEFINITIONS 3..01 "Project" means the entire work effort fu -nded in whole or in part by Council grant funds, described in Exhibit A. 1.02 "Council bond proceeds" means funds received by the Council from the intended issuance of Metropolitan Council general obligation bonds to accomplish the Council's Transit CIP. II. GRANT AMOUNT, GRANT PERIOD, AND PAYMENT OF PROCEEDS 2.01 Grant Amount. The Council agrees to make available to the Grantee during the grant period a total grant amount of $190 for the purpose of performing the Project set forth in Exhibit A, which is attached to and incorporated in this agreement. In no event will the Council's obligation under this agreement exceed the total grant amount. The Council shall bear no responsibility for any cost overruns which may be incurred by the Grantee in the performance of the Project. 4�i 2.02 Grant Period. The grant period shall commence upon the execution of this agreement and remain in force and effect until December 31, 1998. After that date, all grant funds which have not been expended shall revert to and become part of the Council's Transit Capital Fund and may be reallocated or expended by the Council for other transit capital projects. 2.03 Reimbursement Payments of Grant Proceeds. Except as provided in paragraph 2.04, all payments to the Grantee shall be made on a Reimbursement basis following submission by the Grantee to the Council of satisfactory documentation of grant - eligible expenditures. All documentation of expenditures shall be submitted in a form acceptable to the Council. The Council shall reimburse all grant eligible expenditures not in excess of the total grant amount within thirty (30) days of the receipt of satisfactory documentation from the Grantee. The documentation shall be subject to review and acceptance or rejection by the Council's Regional Administrator. Documentation shall be deemed to be accepted if it is not rejected in writing within tern (10) working days of receipt. 2.04 Joint Payment of Large Expenditures. In the event of an anticipated grant- eligible expenditure in a liquidated amount in excess of $50,000, the Grantee may request a check from the Council for payment of grant proceeds made out jointly to the Grantee and to the contractor or vendor to whom the grant eligible payment is owed. The Council shall issue such a check within thirty (30) days of receipt of satisfactory documentation from the Grantee of a grant - eligible expenditure in excess of $50,000. All documentation shall be submitted in a form acceptable to the Council. The documentation shall be subject to review and acceptance or rejection by the Council's Regional Administrator. Documentation shall be deemed to be accepted if it is not rejected in writing within ten (10) working days of receipt. The Grantee's endorsement on the check will be deemed to be a certification by the Grantee that the full amount of the check is for payment to the joint payee on the check and that no portion of the proceeds of the check will be paid to or retained by the Grantee. 2.05 Reimbursement Request/Progress Reports. To obtain reimbursement under this agreement, the Grantee shall submit a Reimbursement Request/Progress Report on forms provided by the Council. Reimbursement Request/Progress Reports may be submitted once per month, but must be submitted at least semi - annually by December 1 and June 1 of each calendar year of the grant period. The Grantee shall describe the activities undertaken in connection with the grant and shall provide sufficient documentation of grant- eligible expenditures and such other information as the Council's staff reasonably requests. 2.06 Council Fund Requirement. Notwithstanding anything to the contrary in this agreement, the payment of grant proceeds shall be made by the Council within the time frames specified in this article only if the Council has adequate transit bond funds on hand at the time that payment is due. The Grantee acknowledges that, at the time of execution of this grant agreement, the Council may not have issued the Council bonds, the proceeds of which will be used to fund the Council portion of this agreement. III. AUTHORIZED USE OF GRANT PROCEEDS 3.01 Project Costs. The costs of performing the Project as detailed in Exhibit A after July 15, 1996, and before expiration of the grant period are eligible for payment or reimbursement out of grant proceeds. 3.02 Professional Services Costs. The costs of legal, engineering, architectural, construction site management, design services, soils testing, preparing bidding or proposal specifications, or project management services directly necessary to perform the Project are eligible for payment or -2- reimbursement out of grant proceeds. Such services must be performed by outside firms or individuals. Direct staff costs incurred by the Grantee for these types of services are not grant - eligible costs. The amount of grant proceeds which may be used for these professional services costs must not exceed seven percent (7 %) of the total grant amount. 3.03 Administration Costs of Grant. The Grantee agrees to maximize the use of its own personnel and internal services in taking the steps necessary to perform the Project and minimize the administrative costs associated with the performance of the Project. Grant proceeds may not be used to fund any grant administrative costs. 3.04 Regional Use. The Grantee agrees to perform, operate, and maintain the Project capital assets in a manner consistent with the Council's Transit CIP, and further agrees that it will not adopt any rules or restrictions hindering regional use of the Project capital assets or sell or remove the Project capital assets from regional use without the express written consent of the Council, either during the grant period or for a period of twenty (20) years following. IV. ACCOUNTS, RECORDS, AND AUDIT REQUIREMENTS 4.01 Separate Account; Records. The Grantee agrees to establish and maintain a separate account for the Project and to maintain accurate and complete records and accounts relating to the receipt and expenditure of any and all grant funds. Such accounts and records shall be kept and maintained for a period of at least three (3) years following the expiration of the grant period. All costs charged to the Project must be supported by proper documentation, including properly executed payrolls, time records, invoices, contracts, or vouchers, evidencing in detail the nature and propriety of the charges. 4.02 Audit. The above accounts and records of the Grantee are subject to audit by the Council and may be inspected on the Grantee's premises or otherwise by individuals designated or authorized by the Council at any time following reasonable notification during the grant period and for a I eriod of three (3) years thereafter. V. GENERAL CONDITIONS 5.01 Consultation. The Grantee agrees specifically to review and solicit recommendations and advice from the Council's staff at the earliest possible time if and when the Grantee expects that the following will or may occur: a. The costs for any portion of the Project will be higher than the Grantee's projected costs for that portion of the Project; or b. The total cost of the Project will exceed the total grant amount. If the Grantee, for any reason, determines that the Project or any portion of it should not be undertaken, or that there should be a change in the scope or costs of the Project or any portion of it, the Grantee shall submit to the Council's Regional Administrator a statement describing the situation and giving the reasons for the Grantee's determination. The Grantee may, simultaneously with the submission of the statement or within a reasonable time thereafter, recommend for Council approval alternative projects, activities, uses, expenditures, or allocations of grant funds. -3- -1�x 5.02 Compliance With Law. The Grantee agrees to comply with the provisions of all applicable state and federal laws, including those laws pertaining to the use of bond proceeds. This grant is financed with bonds issued in accordance with Federal arbitrage restrictions. The Grantee will not use the grant funds in any way which would cause the bonds to be classified as "Arbitrage Bonds" under the Internal Revenue Code. The Grantee will not take any action that would adversely affect the exemption from federal income taxation of the bonds or omit to take any action necessary to maintain such tax exempt status. Further, the Grantee agrees that it is the Grantee's obligation and responsibility, and not the Council's, to comply with all other laws, regulations, and rules relating to activities undertaken in performing the Project. 5.03 Liability. Each party agrees that it will be responsible for its own.acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. The Council's liability shall be governed by the Minnesota Municipal Tort Claims Act, Minnesota Statutes chapter 466, and other applicable law. 5.04 Amendments. The terms of this agreement may be changed by mutual agreement of the parties. Changes shall be effective only upon execution of written amendment(s) signed by authorized representatives of the Council and the Grantee. 5.05 Title to Equipment and Vehicles. Title to any equipment or vehicles purchased with grant funds must remain in the Grantee's name for the time period indicated in paragraph 3.04. Accordingly, the Grantee shall take reasonable measures to protect and defend its title interest and shall keep the equipment and vehicles free and clear of any liens, encumbrances, or other claims. 5.06 Operations and Maintenance. The Grantee agrees to be responsible to operate and maintain the Project in good working order for the time period indicated in paragraph 3.04 and to be responsible for any costs of operation and maintenance of the Project. 5.07 Risk of Loss. The Grantee bears the risk of loss of, damage to, or destruction of any equipment and vehicles purchased with grant funds and any buildings or other improvements to land accomplished in whole or in part with grant funds. At a minimum, the Grantee shall secure appropriate insurance or establish a fund for appropriate self - insurance to cover full replacement value and to protect the Council's investment of regional funds for the time period indicated in paragraph 3.04. 5.05 Equal Opportunity; Affirmative Action. The Grantee agrees to comply with all applicable la rules, and regulations relating to nondiscrimination and affirmative action in public purchase, involvement, and use. In particular, the Grantee agrees not to discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, sexual orientation, national origin, marital status, disability, status with regard to public assistance, membership or activity in a local civil rights commission, or age, and to take affirmative action to insure that applicants and employees are treated equally with respect to all aspects of employment, rates of pay and other forms of compensation, and selection for training. In addition, the Grantee agrees to include affirmative action and equal employment provisions in any written contract entered into after the date of execution of this agreement which involves the provision of work or services which will be paid for in whole or in part out of the grant proceeds. 5.09 Permits, Bonds, and Approvals. The Grantee is responsible for obtaining all applicable local and state licenses, permits, bonds, and authorizations necessary for performing the Project. -4- / 5.10 Acknowledgments. The Grantee shall appropriately acknowledge the financial assistance provided by the Council in any promotional materials, press releases, reports, and publications relating to the Project. 5.11 Construction. This agreerent is intended to assist in implementing the Council's Transit CIP and Transportation Policy Plan /Development Guide Chapter and shall be interpreted consistently with them. 5.12 Effect of Project Close -out. The Grantee agrees that Project close -out does not invalidate continuing obligations imposed on the Grantee by this agreement. Project close -out does not alter the Council's authority to disallow costs and recover funds on the basis of a later audit or other review, and does not alter the Grantee's obligation to return any funds due to the Council as a result of later refunds, corrections, or other transactions. U WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized representatives on the day first written above. Approved as to form: • L} M. Bele Assistant General Counsel capstd%.doc METROPOLIT By: James J. Sole`' , Regi CIL ibl Adm CITY OF CHANHASSEN Its: By: Its: -5- EXHIBIT A DESCRIPTION OF PRO.;ECT The funds granted under this agreement shall be used to accomplish the project described in the Grantee's original Regional Transit Capital Funds (1996) application excerpt in this exhibit. A -1 1V1CLL VPU11 Ld1 I l_.rUU11L;11 Working for the Region Planning for the Future GIONAL TR ANSIT C APi TAL R TC FU NDING APPLICATION TRUC;7ons: Complete and return to Mark Fuhrmann Office bf Transportation and Transit Development, °i°""r Orly Metropolitan Council, Mears Park Centre, 230 E. tfth�treel, St. Paul, Minnesota- 55101, so as to be received no later than 5:00 p.m. on 199 6. Ph: (6121229 -2722 1. GENERAL INFORMATION 9.PPL1 Cir.v of ChanhaSCen JURISDICTIONAL AGENCY (IF DIFFERENT) MAILING ADDRESS P. 0. Box 147 11TY Chanhassen STATE MN ZIP CODE 55317 4. COUNTY Carver :ONTACT PERSON - Robert Generous TITLE Senior Planner PHON=: ;612 )937- 1900 - 14� FAX (n17 1047 -1;7'�e H. PROJECT - IN FORMATION 'ROJECTNAMiE 1 ske Drivp Fact. Trnncit Farility [villonce nn +-ho Dnnriel 'R1EF PROJECT DESCRIPTION 'ransit Facility located with a mixed use developmen The facility shall include bus :ut -outs, heated bus shelter, pedestrian plaza, and street furniture, sionaoe and liohtinc. ROJECT AREA- (Area to be served by the project, example, County, City, etc) iw f r?�an acc n gOJECT CATEGORY - Chec►c the reievant boxes to the type ol proec: under either Maior or Minor Proied catenory below (Cr o only ONE Catepoy or Projects: (Total Cost over 525,000) Minor Projects: (Total Cost: 510,000 to 525,000) Purpose ReDlace Rehabilitate New Purpose Replace Rehabilitate New J Vehicle Acquisition ❑ ❑ ❑ Vehicle Acquisition ❑ ❑ ❑ D Public and Support Facilities ❑ © ❑ Public and Support Facilities ❑ ❑ ❑ J Computer /Communciation ❑ - 1 ❑ ❑ ❑ Computer /Communciation ❑ ❑ [I Other Equipments E] ❑ ❑ ❑ Other Equipments ❑ ❑ 1:1 tra Demonstion Projects LJ ❑ ❑ ❑ Demonstration Projects ❑ ❑ ❑ Y1 Construction ❑ ❑ © ❑ Construction ❑ ❑ ❑ complete the -Check -list on the reverse side of this form Ill. PROJECT FUNDING aon- R EGIONAL s273 000 .00 12. REGIONALS (RTC FuNDS): 190,000.00 'OTAL PROJECT COST s:46? , 000.00 I 14. PROJECT YEARS (CIRCLE) 1 13E7 1Ni.TUR= / �+✓G1 ✓ Tf 0.►n vi e r nATE S i 0 /a r C: Proposals must specifical/v and directly address each criterion to qualify and receive points. Pages in each proposal should be numbered with this page as number 1. ATTACHMENT C (Project Plans and Specs, Bid Documents, etc.) 52457 _5