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10-22-07 ITEM 5_1 CLAIMS LIST CITY COUNCIL MEETING OCTOBER 22, 2007 TO: Judy Hudson Attached is the Claims List for the City Council. For more details, please refer to the Check Detail Registers. Claims Register 10 -09 -2007 $ 199,613.24 10 -17 -2007 $ 104,847.21 PAYROLL 10 -09 -2007 $ 35,558.10 GRAND TOTAL $ 340,01835 • If you have any questions or if you would like to review this list further, please let me know. Sue Frisch Bookkeeper CITY OF OTSEGO 10/17/07 3:12 PM Page 1 *Check Summary Register© OCTOBER 2007 Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid 3M $1,877.77 FILM FOR STREET SIGNS UnPaid AIRGAS, INC. $28.44 ACETYLENE/OXYGEN /HAZMAT UnPaid ALPINE HOMES INC $1,000.00 6338 MARX - LNDSCP ESC REFUND UnPaid AVON AG -LIME $700.00 LIME TO PREPARE SOIL FOR SLUDGE HAU UnPaid BENCHMARK CUSTOM HOMES $1,000.00 11360 72ND - LNDSCP ESC REFUND UnPaid BLUE CROSS BLUE SHIELD OF $5,781.00 NOVEMBER MEDICAL UnPaid CASSADY ROSE $387.80 SUPPLIES FOR PUMPKIN DAY UnPaid CITY OF OTSEGO $1,919.38 11313 77TH - IRRIG UnPaid COURI MACARTHUR LAW OFFIC $11,190.00 ADMIN ENFORCEMENT UnPaid CP TELECOM $609.50 TELEPHONE UnPaid CROW RIVER FARM EQUIPMEN $99.26 PARTS FOR GENERATOR REPAIR UnPaid CURB CREATIONS $1,607.53 CURBING - PR PK VOLLEYBALL CRT UnPaid DAKOTA SUPPLY GROUP $1,872.27 METERS UnPaid DION BROWN $1,000.00 13995 88TH - LNDSCP ESC REFUND UnPaid DISTINCTIVE CUSTOM BUILDER $1,000.00 7291 LAMBERT - LNDSCP ESC REFUND UnPaid DJ'S TOTAL HOME CENTER $131.23 NYLON TWINE UnPaid EARL F ANDERSON INC $1,675.81 ARBOR CREEK 3 UnPaid ECM PUBLISHERS INC $534.60 LEGAL - PUBLIC HEARING UnPaid EDUCATION MEDIA FOUNDATIO $275.49 AMERICAN TOWER - ESCROW REFUND - UnPaid FASTENAL COMPANY $225.51 BOLTS UnPaid G & K TEXTILE LEASING SYSTE $732.23 UNIFORMS /MATS UnPaid GOPHER STATE ONE -CALL INC $519.10 LOCATE TICKETS . UnPaid HIGHWAY HANDYMAN PRODUC $165.08 48" EXT TABLE FOR SIGN ROLLER UnPaid HYDRANT & VALVE REPAIR SVC $111.25 RWN HYDRANT COUPLER KIT UnPaid INK WIZARDS, INC. $258.90 UNIFORM SAFETY VESTS /NAMES UnPaid INTERNATIONAL CODE COUNCI $625.36 PLAN REVIEW RECORDS CD UnPaid JOHNSTON FARGO CULVERT $1,406.18 CULVERTS • UnPaid KAEDING & ASSOCIATES INC $776.80 ELEC ENG FOR PW GENERATOR . UriPaid KEY LAND HOMES $1,000.00 7492 LAMONT - LNDSCP ESC REFUND . UnPaid KIM E. BRANDELL $240.00 REZNICEK HEARING UnPaid KRJ INC. $1,000.00 7301 LAMBERT - LNDSCP ESC REFUND UnPaid MENARDS $48.99 CEMENT FOR SIGN POSTS UnPaid MIDWEST REAL ESTATE SVCS 1 $1,500.00 7020 ODEAN (T- MOBILE) - LNDSCP ESC RE UnPaid NBL FINANCIAL CORPORATION $2,500.00 11406 79TH - LNDSCP /DRWY ESC REFUND UnPaid NEWMAN TRAFFIC SIGNS $1,668.48 10' POSTS FOR SIGNS UnPaid OASIS DEVELOPMENT, INC. $1,000.00 6795 MASON - LNDSCP ESC REFUND UnPaid OFFICEMAX $362.39 INK CARTRIDGES UnPaid PEOPLE SERVICE INC. $42,248.97 MONTHLY SERVICE - NOV UnPaid PLAISTED COMPANIES $318.94 16" STEPPING STONE UnPaid SCOTT OLMSTEAD BUILDERS IN $1,000.00 7595 LANDAU - LNDSCP ESC REFUND UnPaid SEAN OR AMY MCDONALD $1,000.00 9175 KAHL CT - LNDSCP ESC REFUND UnPaid SNAP -ON TOOLS $121.20 TOOLS UnPaid SOFTRONICS $8,376.71 ADMIN - LABOR UnPaid SRF CONSULTING GROUP, INC. $403.18 PARKS CONSULTING UnPaid STATE OF MINNESOTA $36.00 18) 2007 DECALS UnPaid TAYLOR MADE HOMES. INC $1,000.00 7727 LANCASTER - LNDSCP ESC REFUND UnPaid TIM ROCHEL $288.06 JULY, AUG, SEPT CELL PHONE UnPaid TIMBERLANE HOMES INC $1,000.00 7742 LANDER - LNDSCP ESC REFUND UnPaid UNITED STATES POSTAL SERVI $2,000.00 POSTAGE FOR W/S UnPaid XCEL ENERGY $185.42 RIVERPOINTE LIGHTS UnPaid ZAHL- PETROLEUM MAINT CO. $38.38 FUEL KEY Total Checks $104,847.21 CITY OF OTSEGO 10/17/07 3:13 PM Page 1 *Check Detail Register© OCTOBER 2007 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Unpaid ".._ . 3M E 101 -43100 -393 Street Signs $1,225.99 SS50394 FILM FOR STREET SIGNS E 101 -43100 -393 Street Signs $651.78 SS51446 FILM FOR STREET SIGNS Total 3M $1,877.77 Unpaid AIRGAS, INC. E 101 -43100 -210 Operating Supplies (GENERAL) $28.44 105033642 ACETYLENE /OXYGEN /HAZMAT Total AIRGAS, INC. $28.44 Unpaid ALPINE HOMES INC E 702 -41400 -310 Miscellaneous $1,000.00 6338 MARX - LNDSCP ESC REFUND Total ALPINE HOMES INC $1,000.00 Unpaid AVON AG -LIME E 602- 49450 -419 SLUDGE HAULING $700.00 LIME TO PREPARE SOIL FOR SLUDG Total AVON AG -LIME $700.00 Unpaid BENCHMARK CUSTOM HOMES E 702 -41400 -310 Miscellaneous $1,000.00 11360 72ND - LNDSCP ESC REFUND Total BENCHMARK CUSTOM HOMES $1,000.00 Unpaid BLUE CROSS BLUE SHIELD OF MN E 250 -42410 -123 Health $1,759.00 ' NOVEMBER MEDICAL E 101 -41400 -123 Health $2,057.00 NOVEMBER MEDICAL E 101 -43100 -123 Health $1,377.00 NOVEMBER MEDICAL E 101 -41600 -123 Health $588.00 NOVEMBER MEDICAL Total BLUE CROSS BLUE SHIELD OF MN $5,781.00 Unpaid CASSADY ROSE E 101 - 45250 -440 Recreation Programming •$387.80 SUPPLIES FOR PUMPKIN DAY Total CASSADY ROSE $387.80 Unpaid CITY OF OTSEGO E 101 -45200 -322 Utilities $64.06 11313 77TH - IRRIG E 602 -49450 -322 Utilities $134.12 7551 LANCASTER - WEST WWTF E 602 -49450 -322 Utilities $296.02 17330 53RD - EAST WWTF E 602 -49450 -322 Utilities $923.64 7551 LANCASTER - WEST WWTF E 101 -45200 -322 Utilities $436.92 15501 83RD - IRRIG E 602 -49450 -322 Utilities $6.79 7551 LANCASTER - WEST WWTF E 101 -45200 -322 Utilities $6.39 6480 MASON - IRRIG E 602 -49450 -322 Utilities $6.39 7551 LANCASTER - WEST WWTF E 101 -45200 -322 Utilities $45.05 10400 71ST - IRRIG Total CITY OF OTSEGO $1,919.38 Unpaid COURI MACARTHUR LAW OFFICE E 480 -43100 -301 Legal Services $96.00 CSAH 37 E 485 -43100 -301 Legal Services $60.00 CSAH 42 E 485 -43100 -301 Legal Services $92.00 CORBIN EASEMENT E 495 -49450 -301 Legal Services $300.00 GRENINS MISSISSIPPI HILLS G 701 -22462 DUKE REALTY $450.00 DUKE TAX ABATEMENT E 101 -41700 -301 Legal Services $2,502.50 GENERAL E 101 -41700 -301 Legal Services $912.00 PERSONNEL E 101 -41700 -301 Legal Services $660.00 ASSESSMENT E 250 -42410 -301 Legal Services $276.00 ADMIN ENFORCEMENT G 701 -21870 DARA GLEN ADDN - SHAMROCK D $1,590.00 DARA GLEN E 601 -49400 -301 Legal Services $292.75 UTILITY ORDINANCE E 602 -49450 -301 Legal Services $292.75 UTILITY ORDINANCE CITY OF OTSEGO 10/17/07 3:13 PM Page 2 *Check Detail Register© OCTOBER 2007 Check Amt Invoice Comment G 701 -22436 CRIMSON PONDS NORTH $45.00 CRIMSON PONDS NORTH G 701 -22422 ROTTLUND HOMES $405.00 WILDFLOWER G 701 -21868 MN NATIVE LNDSCP ANNEXATION $336.00 ANNEXATION - MN NATIVE LANDSCA G 701 -22393 REMINGTON COVES $165.00 REMINGTON COVES G 701 -22374 KITTREDGE FINAL $150.00 KITTREDGE CROSSING G 701 -22465 GREAT RIVER CTR $120.00 TERRA G 701 -21872 TARGET STORE $120.00 TARGET G 701 -22394 DUERR PROP $75.00 DUERR CREEK E 250 -42410 -301 Legal Services $60.00 FRITZ PROPERTY G 701 -22366 MARTIN FARMS $60.00 MARTIN FARMS /INSIGNIA LITIGATI E 101 -41700 -301 Legal Services $540.00 GAMBLING G 701 -22426 FIN PLAT ARBOR CRK 3 $30.00 ARBOR CREEK 3 G 701 -22492 RIVERBEND SOUTH - DARKENWAL $540.00 RIVERBEND SOUTH G 701 -21871 KALEIDOSCOPE CHARTER SCHOO $840.00 KALEIDOSCOPE E 101 -41700 -301 Legal Services $60.00 LIQUOR E 101 -41700 -301 Legal Services $120.00 ROCKWOODS Total COURI MACARTHUR LAW OFFICE $11,190.00 Unpaid CP TELECOM E 101 - 43100 -320 Telephone $152.38 TELEPHONE E 250 -42410 -320 Telephone $304.74 TELEPHONE E 101 -41400 -320 Telephone $152.38 TELEPHONE Total CP TELECOM $609.50 • • Jnpaid CROW RIVER FARM EQUIPMENT E 101 -43100 -220 Repair /Maint Supply (GENERAL) $99.26 126917 PARTS FOR GENERATOR REPAIR Total CROW RIVER FARM EQUIPMENT $99.26 Unpaid CURB CREATIONS • E 203 -45210 -530 Improvements Other Than Bldgs $1,607.53 CURBING - PR PK VOLLEYBALL CRT • Total CURB CREATIONS $1,607.53 Unpaid DAKOTA SUPPLY GROUP E 601 -49400 -203 Supplies - General $1,872.27 5375476 METERS Total DAKOTA SUPPLY GROUP $1,872.27 Unpaid DION BROWN E 702 -41400 -310 Miscellaneous $1,000.00 13995 88TH - LNDSCP ESC REFUND Total DION BROWN $1,000.00 Unpaid DISTINCTIVE CUSTOM BUILDERS E 702 - 41400 -310 Miscellaneous $1,000.00 7291 LAMBERT - LNDSCP ESC REFU Total DISTINCTIVE CUSTOM BUILDERS $1,000.00 Unpaid DJ'S TOTAL HOME CENTER E 101 -45200 -210 Operating Supplies (GENERAL) $27.53 25328 PVC PIPE E 101 -45200 -210 Operating Supplies (GENERAL) $8.51 25413 NYLON TWINE E 101 -45200 -210 Operating Supplies (GENERAL) $4.49 25654 GLOVE E 101 -43100 -210 Operating Supplies (GENERAL) $71.54 25674 COPPER PIPE & ADAPTERS E 101 -43100 -240 Small Tools /Equipment $19.16 25680 DRILL BIT Total DJ'S TOTAL HOME CENTER $131.23 Unpaid EARL F ANDERSON INC R 101 -34301 Street, Sidewalk and Curb Fees $1,675.81 79757 -IN ARBOR CREEK 3 Total EARL F ANDERSON INC $1,675.81 Unpaid ECM PUBLISHERS INC E 101 -41400 -350 Print/Binding (GENERAL) $193.05 255130 LEGAL - PUBLIC HEARING CITY OF OTSEGO 10/17/07 3:13 PM Page 3 *Check Detail Register© OCTOBER 2007 Check Amt Invoice Comment E 101 - 41400 -350 Print/Binding (GENERAL) $341.55 255705 LEGAL - PUBLIC HEARING Total ECM PUBLISHERS INC $534.60 Unpaid EDUCATION MEDIA FOUNDATION G 701 -21865 AMERICAN TOWER - ANTENNA LE $275.49 AMERICAN TOWER - ESCROW REFUND Total EDUCATION MEDIA FOUNDATION $275.49 Unpaid FASTENAL COMPANY E 101 -43100 -220 Repair /Maint Supply (GENERAL) $10.34 MNELK11767 BOLTS E 101 -43100 -240 Small Tools /Equipment $215.17 MNELK11869 TOOL CART Total FASTENAL COMPANY $225.51 Unpaid G & K TEXTILE LEASING SYSTEM E 101 - 41940 -390 Contracted Services $127.58 1043554292 MATS E 101 -43100 -225 Uniforms /Clothing Allowance $146.35 1043554293 UNIFORMS/MATS E 101 - 43100 -225 Uniforms /Clothing Allowance $152.74 1043559469 UNIFORMS/MATS E 101 -41940 -390 Contracted Services $127.58 1043564753 MATS E 101 -43100 -225 Uniforms /Clothing Allowance $177.98 1043564754 UNIFORMS /MATS Total G & K TEXTILE LEASING SYSTEM $732.23 Unpaid GOPHER STATE ONE -CALL INC E 250 -42410 -310 Miscellaneous $519.10 7090731 LOCATE TICKETS Total GOPHER STATE ONE -CALL INC $519.10 inpaid HIGHWAY HANDYMAN PRODUCTS E 206 -43100 -570 Office Equip and Furnishings $165.08 14281 48" EXT TABLE FOR SIGN ROLLER Total HIGHWAY HANDYMAN PRODUCTS $165.08 Unpaid HYDRANT & VALVE REPAIR SVCS E 601 -49400 -220 Repair /Maint Supply (GENERAL) $111,25 1047 RWN HYDRANT COUPLER KIT Total HYDRANT & VALVE REPAIR SVCS $111.25 • Unpaid INK WIZARDS, INC. E 250 -42410 -225 Uniforms /Clothing Allowance $58.50 47351 UNIFORM SAFETY VESTS/NAMES E 250 - 42410 -225 Uniforms/Clothing Allowance $168.80 47500 UNIFORM SAFETY VESTS /NAMES E 250 -42410 -225 Uniforms /Clothing Allowance $10.00 47565 UNIFORM SAFETY VESTS /NAMES E 250 -42410 -225 Uniforms /Clothing Allowance $21.60 47577 UNIFORM SAFETY VESTS /NAMES Total INK WIZARDS, INC. $258.90 Unpaid INTERNATIONAL CODE COUNCIL INC E 250 -42410 -203 Supplies - General $371.20 415621 -IN INSPECTION GUIDES E 250 - 42410 -203 Supplies - General $212.40 441589 -IN PLAN REVIEW RECORDS CD E 250 -42410 -203 Supplies - General $41.76 442358 -IN INST SPRK SYS RES MANUAL Total INTERNATIONAL CODE COUNCIL INC $625.36 Unpaid JOHNSTON FARGO CULVERT E 101- 43100 -392 Culverts $1,406.18 151397 CULVERTS Total JOHNSTON FARGO CULVERT $1,406.18 Unpaid KAEDING & ASSOCIATES INC E 444- 49400 -302 Engineering Fees $388.40 071006C ELEC ENG FOR WELL #8/PH #2 IMP E 441- 43100 -302 Engineering Fees $246.00 071072C ELEC ENG FOR PW GENERATOR E 444 - 49400-302 Engineering Fees $142.40 071074C ELEC ENG FOR PH #2/WELL #3 Total KAEDING & ASSOCIATES INC $776.80 Unpaid KEY LAND HOMES E 702 - 41400 -310 Miscellaneous 01,000.00 7492 LAMONT - LNDSCP ESC REFUN Total KEY LAND HOMES $1,000.00 CITY OF OTSEGO 10/17/07 3 PM Page 4 *Check Detail Register© OCTOBER 2007 Check Amt Invoice Comment Unpaid KIM E. BRANDELL E 101 -42420 -301 Legal Services $240.00 REZNICEK HEARING Total KIM E. BRANDELL $240.00 Unpaid KRJ INC. E 702 -41400 -310 Miscellaneous $1,000.00 7301 LAMBERT - LNDSCP ESC REFU Total KRJ INC. $1,000.00 Unpaid MENARDS E 101 -43100 -393 Street Signs $48.99 5957 CEMENT FOR SIGN POSTS Total MENARDS $48.99 Unpaid MIDWEST REAL ESTATE SVCS INC. E 702 -41400 -310 Miscellaneous $1,500.00 7020 ODEAN (T- MOBILE) - LNDSCP Total MIDWEST REAL ESTATE SVCS INC. $1,500.00 Unpaid NBL FINANCIAL CORPORATION E 702 -41400 -310 Miscellaneous $2,500.00 11406 79TH - LNDSCP /DRWY ESC R Total NBL FINANCIAL CORPORATION $2,500.00 Unpaid • NEWMAN TRAFFIC SIGNS • E 101 -43100 -393 Street Signs $852.39 TI- 0183458 10' POSTS FOR SIGNS E 101 -43100 -393 Street Signs $816.09 TI- 0183755 12' POSTS FOR SIGNS • Total NEWMAN TRAFFIC SIGNS $1,668.48 Unpaid OASIS DEVELOPMENT, INC. E 702 -41400 -310 Miscellaneous $1,000.00 6795 MASON - LNDSCP ESC REFUND Total OASIS DEVELOPMENT, INC. $1,000.00 Unpaid OFFICEMAX • •E 602 -49450 -201 Office Supplies $22.66 892983 INDEX CARDS, STAPLER E 601 -49400 -201 Office Supplies $22.66 892983 INDEX CARDS, STAPLER E 101 -41400 -201 Office Supplies $64.25 892983 MISC OFC SUPPLIES E 101 -41400 -201 Office Supplies $125.98 895464 COPY PAPER E 250 -42410 -201 Office Supplies $57.64 902485 CERTS FOR RENTAL LICBLDG CO E 101 -41400 -201 Office Supplies $69.20 931839 INK CARTRIDGES Total OFFICEMAX $362.39 Unpaid PEOPLE SERVICE INC. E 602 -49450 -390 Contracted Services $28,930.42 12454 MONTHLY SERVICE - NOV E 601 -49400 -390 Contracted Services $169.97 12454 WELL HEAD PROTECTION SAMPLING E 602 -49450 -390 Contracted Services $90.00 12454 GRENINS LIFTSTATION - SEPT. E 601 -49400 -390 Contracted Services $13,058.58 12454 MONTHLY SERVICE - NOV Total PEOPLE SERVICE INC. $42,248.97 Unpaid PLAISTED COMPANIES E 203 -45210 -530 Improvements Other Than Bldgs $124.68 21391 CONCRETE SAND E 203 -45210 -530 Improvements Other Than Bldgs $194.26 42690 16" STEPPING STONE Total PLAISTED COMPANIES $318.94 Unpaid SCOTT OLMSTEAD BUILDERS INC E 702 -41400 -310 Miscellaneous $1,000.00 7595 LANDAU - LNDSCP ESC REFUN Total SCOTT OLMSTEAD BUILDERS INC $1,000.00 Unpaid SEAN OR AMY MCDONALD E 702 -41400 -310 Miscellaneous $1,000.00 9175 KAHL CT - LNDSCP ESC REFU Total SEAN OR AMY MCDONALD $1,000.00 CITY OF OTSEGO 10/17/07 3:13 PM Page 5 *Check Detail Register© OCTOBER 2007 Check Amt Invoice Comment Unpaid _es SNAP -ON TOOLS E 101 -43100 -240 Small Tools /Equipment $121.20 208547 TOOLS Total SNAP -ON TOOLS 5121.20 Unpaid SOFTRONICS E 601 -49400 -390 Contracted Services $162.50 2227 UTIL - LABOR E 602 -49450 -390 Contracted Services 5162.50 2227 UTIL - LABOR E 101 -41600 -390 Contracted Services 5400.00 2227 FIN - LABOR E 101 -41600 -570 Office Equip and Furnishings $2,656.64 2227 FIN - NEW SERVER E 101 -43100 -501 Equipment $1,288.42 2227 PW - COMPUTER SYSTEM E 250 -42410 -570 Office Equip and Fumishings $2,656.65 2227 BLDG - NEW SERVER E 101- 43100 -390 Contracted Services 5475.00 2227 PW - LABOR E 101 -41400 -390 Contracted Services $275.00 2227 ADMIN - LABOR E 250 -42410 -390 Contracted Services $300.00 2227 BLDG - LABOR Total SOFTRONICS $8,376.71 Unpaid SRF CONSULTING GROUP, INC. E 203 -45210 -390 Contracted Services $403.18 5521 -21 PARKS CONSULTING Total SRF CONSULTING GROUP, INC. 5403.18 • Unpaid STATE OF MINNESOTA E 101 -43100 -210 Operating Supplies (GENERAL) $36.00 18) 2007 DECALS Total STATE OF MINNESOTA . $36.00 Jnpad TAYLOR MADE HOMES, INC E 702 -41400 -310 Miscellaneous $1,000.00 7727 LANCASTER - LNDSCP ESC RE Total TAYLOR MADE HOMES, INC $1,000.00 Unpaid TIM ROCHEL E 250 -42410 -320 Telephone $180.00 JULY, AUG, SEPT CELL PHONE E 250 -42410 -360 Education/Training /Conferences $20.00 INSP MTG LUNCHEON E 250 -42410 -321 Mileage/Travel 538.80 MAPLEWOOD SEMINAR MILEAGE E 250 -42410 -203 Supplies - General $49.26 SPRINKLER - CODE BOOKS Total TIM ROCHEL 5288.06 Unpaid TIMBERLANE HOMES INC E 702 -41400 -310 Miscellaneous $1,000.00 7742 LANDER - LNDSCP ESC REFUN Total TIMBERLANE HOMES INC $1,000.00 Unpaid UNITED STATES POSTAL SERVICE E 601- 49400 -206 Postage $1,000.00 POSTAGE FOR W/S E 602- 49450 -206 Postage $1,000.00 POSTAGE FOR W/S Total UNITED STATES POSTAL SERVICE 52,000.00 Unpaid XCEL ENERGY E 101 -43160 -322 Utilities $185.42 RIVERPOINTE LIGHTS Total XCEL ENERGY $185.42 Unpaid ZAHL- PETROLEUM MAINT CO. E 101 -43100 -210 Operating Supplies (GENERAL) $38.38 142852 -IN FUEL KEY Total ZAHL- PETROLEUM MAINT CO. $38.38 10100 BANK OF ELK RIVER $104,847.21 CITY OF OTSEGO 10/17/07 3:13 PM Page 6 *Check Detail Register© OCTOBER 2007 Check Amt Invoice Comment Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $24,465.47 203 PARK DEVELOPMENT $2,329.65 206 CAPITAL EQUIPMENT REVOLVING $165.08 250 BUILDING PERMIT FEES $7,105.45 441 Otsego City Campus $246.00 444 SE Utilities Project $530.80 480 194/CASH 37 Project $96.00 485 Street Impr. Fund - 2006 $152.00 495 2007 Grenins, Friendship &Quan $300.00 601 WATER FUND $16,689.98 602 SEWER FUND $32,565.29 701 DEVELOPMENT ESCROWS FUND $5,201.49 702 BUILDERS ESCROW FUND $15,000.00 $104,847.21 • CITY OF OTSEGO 10/09/07 4:03 PM Page 1 *Check Summary Register© OCTOBER 2007 Name Check Date Check Amt 10100 BANK OF ELK RIVER UnPaid ALLIANCE BENEFIT GROUP $485.10 PPE 10/6/07 CH DTD 10/10/07 UnPaid COBORNS INC $78.20 DRY CLEANING UnPaid E H RENNER & SONS $11,915.85 WELL #3 REDEVELOPMENT UnPaid ICMA RETIREMENT TRUST $823.12 PPE 10/6/07 CH DTD 10/10/07 UnPaid KOBER EXCAVATING INC $27,096.57 GRENINS SEWER EXT UnPaid KOTILA EXCAVATING $34,734.80 OTSEGO CRK N DRAINAGE IMPR UnPaid LATOUR CONSTRUCTION $36,719.60 78TH ST WATER & SEWER UnPaid PUBLIC EMPLOYEES RETIREME $3,752.16 PPE 10/6/07 CH DTD 10/10/07 UnPaid RICE LAKE CONSTRUCTION GR $83,207.84 WELL #8, PUMPHOUSE #2 UnPaid TIMOTHY & WENDY LORBIECKE $800.00 14166 62ND - ESCROW REFUND Total Checks $199,613.24 FILTER: None • • • • CITY OF OTSEGO 10/09/07 4:04 PM Page 1 *Check Detail Register© OCTOBER 2007 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Unpaid ALLIANCE BENEFIT GROUP G 101 -21706 Hospitalization /Medical Ins $485.10 PPE 10/6/07 CH DTD 10/10/07 Total ALLIANCE BENEFIT GROUP $485.10 Unpaid COBORNS INC E 250 -42410 -310 Miscellaneous $78.20 M72746491 DRY CLEANING Total COBORNS INC $78.20 Unpaid E H RENNER & SONS E 444 -49400 -530 Improvements Other Than Bldgs $11,915.85 PAY #1 WELL #3 REDEVELOPMENT Total E H RENNER & SONS $11,915.85 Unpaid ICMA RETIREMENT TRUST E 101 - 41400 -121 PERA $212.12 PPE 10/6/07 CH DTD 10/10/07 G 101 -21705 Other Retirement $611.00 PPE 10/6/07 CH DTD 10/10/07 Total ICMA RETIREMENT TRUST $823.12 Unpaid KOBER EXCAVATING INC E 495 -49450 -530 Improvements Other Than Bldgs $27,096.57 PAY #3 GRENINS SEWER EXT Total KOBER EXCAVATING INC $27,096.57 Unpaid KOTILA EXCAVATING E 408 -43100 -530 Improvements Other Than Bldgs $34,734.80 PAY #1 OTSEGO CRK N DRAINAGE IMPR Total KOTILA EXCAVATING $34,734.80 • Unpaid • LATOUR CONSTRUCTION E 417 -43251 -530 Improvements Other Than Bldgs $36,719.60 PAY #8 - FINA 78TH ST WATER & SEWER Total LATOUR CONSTRUCTION $36,719.60 Unpaid PUBLIC EMPLOYEES RETIREMENT FD E 101 -41400 -121 PERA $360.08 PPE 10/6/07 CH DTD 10/10/07 E 101 -41600 -121 PERA $370.70 PPE 10/6/07 CH DTD 10/10/07 E 101 -43100 -121 PERA $621.06 PPE 10/6/07 CH DTD 10/10/07 G 101 -21704 PERA $1,797.91 PPE 10/6/07 CH DTD 10/10/07 E 250 -42410 -121 PERA $556.10 PPE 10/6/07 CH DTD 10/10/07 E 601 -49400 -121 PERA $23.16 PPE 10/6/07 CH DTD 10/10/07 E 602 -49450 -121 PERA $23.15 PPE 10/6/07 CH DTD 10/10/07 Total PUBLIC EMPLOYEES RETIREMENT FD $3,752.16 Unpaid RICE LAKE CONSTRUCTION GROUP E 444 -49400 -530 Improvements Other Than Bldgs $83,207.84 PAY #1 WELL #8, PUMPHOUSE #2 Total RICE LAKE CONSTRUCTION GROUP $83,207.84 Unpaid TIMOTHY & WENDY LORBIECKE G 701 -21864 LORBIECKE VARIANCE $464.00 14166 62ND - ESCROW REFUND E 101 - 41100 -801 CONTINGENCY $336.00 14166 62ND - ESCROW REFUND Total TIMOTHY & WENDY LORBIECKE $800.00 10100 BANK OF ELK RIVER $199,613.24 CITY OF OTSEGO 10/09/07 4:04 PM Page 2 *Check Detail Register© OCTOBER 2007 Check Amt Invoice Comment Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $4,793.97 250 BUILDING PERMIT FEES $634.30 408 Otsego Creek Watershed $34,734.80 417 78th, Page & Quaday S & W $36,719.60 444 SE Utilities Project $95,123.69 495 2007 Grenins, Friendship &Quan $27,096.57 601 WATER FUND $23.16 602 SEWER FUND $23.15 701 DEVELOPMENT ESCROWS FUND $464.00 $199,613.24 • • • ITEM 5_2 Otsego Police Commission Minutes September 11, 2007 Present: Denise Andrusko, Linda Lewis, Edgar Pearsall, Sandy Michaelson, Jane Theisen, Jessica Stockamp, Sgt. Darsow, Joel Torkelson, Jeff Stimac Meeting was called to order at 6:35 PM. Agenda was passed unanimously. Open Forum Sgt, Darsow reported there was nothing of significance to report to the commission. Old Business 1. Mailboxes: Denise submitted a letter from the U5 Postal Service. A post card will be sent to the houses the will have a choice of moving their mailboxes. The USPS will check the proposed locations to make sure they are safe and accessible to the mail carriers. 2. Mc Gruff: Up coming appearances Otsego Festival: Sandy has a volunteer School Carnival Oct. 5: Sandy has a volunteer Pumpkin Patch: We will decide at Oct. meeting Riverview Bank Oct. 6: Sandy will check with Tom Carter 3. Restaurant Tents: The printing company no long has the paper that was going to be donated to us. Joel will check on grant money for Radon awareness. Jane will check on another printer. New Business Work schedules were assigned for the Otsego Festival. Council Reports Aug. 27. Nothing to report from Edgar. Sept. 10. Nothing to report from Joel. Council Meeting Assignments Sept 24. Sandy Oct. 8. Jane Next meeting will be on October 9 at 6:30 PM. Meeting was adjourned at 7:10 PM. ITEM 5_3 CITY OF OTSEGO PARK & RECREATION CCOOCUSSICO MEETING MINUTES SEPTEMBER 12, 2007 7:00 PM Call to Order: The meeting was called to order at 7:00 PM. Roll Call: Commissioners: Aaron Stritesky, Rose Cassady, Russ Langer, Mike Brumm, Kathy Roberts, Peter Torresani and Beverly Kumar. Absent: Rob Miller. Councilmembers: Mark Thorsted & Jessica Stockamp. Staff: City Administrator Michael Robertson. 1. Agenda Approval. Baseball Fields were added as 2.B. Motion by Commissioner Torresani, seconded by Commissioner Cassady, to approve the agenda as amended. Motion carried 6 -0. 2. Approval of August 8, 2007 minutes. Motion by Commissioner Kumar, seconded by Commissioner Brumm to approve the minutes. Carried 6 -0. 2.8. Baseball Donation. Joe of Rogers Youth Baseball was present and made a donation of $400 to express their appreciation for use of Otsego's ball fields. The Commission gratefully accepted the donation. They asked Administrator Robertson to find out the number of registrants who had used the fields in 2007. 3. Future Parks Commissioners reviewed the park concept plans for the Norin Landing and Roskaft parks. They recommended that the Norin Landing plan be less elaborate, that it should be a dock, parking lot, a few picnic tables and not much else. They thought either of the concepts for the Roskaft plan was acceptable. Sue Krekelberg, 17055 56 Street was present to ask the timeline for a park to be constructed in her area, the southeast part of Otsego. Commissioners said that they did not have any land in the area. They had been expecting to receive land in the next development phase but the housing slowdown meant that was probably 2 -3 years away. Commissioners discussed several options. Mrs. Krekelberg said that even a tot lot with some play equipment would be better than nothing. Commissioners said staff would meet with the developer and look at options for getting something done sooner in the area. 4. Park Rules Commissioners made a few changes to the proposed park rules and recommended that they be sent to the City Council for approval. 5. Potential City Survey Commissioners reviewed possible questions for a citizen survey and asked that they focus on park usage, potential facilities, and a ranking of the importance of parks versus facilities. 5. City Update Councilmembers Stockamp and Thorsted updated Commissioners on Council actions. 6. Pumpkin Patch Day Commissioners reviewed tasks for Pumpkin Patch Day, which will be on Saturday, October 20, 2007 from 11:00 a.m. to 1:00 p.m. 6.A. Santa Day Santa Day was set for Saturday, December 15, 2007 from 10:00 a.m. to 1:00 p.m. 7. Adjournment: Commissioner Langer moved, seconded by Commissioner Cassady, to adjourn at 9:12 p.m. Motion carried 6- 0. Michael Robertson City Administrator ITEM 5_4 CITY OF OTSEGO Filial ice Memo To: City Council From: Gary Groen Date: October 16, 2007 Re: Waterfront and Friendsh'p Addition Bond Issue A proposed bond issue (attached with this memo) has been prepared by Paul Donna of Northland Securities. The bond issue is intended to finance the cost of the Waterfront East and Friendship Addition project The bond issue is structured to include a two -year deferral of the collection of special assessments. That deferral is consistent with the financing of the other waterfront east rnpnrnrements• The deposit to the capitalized interest account on page 2 totals $53,310.22 and is a cost of financing that will be included as part of the special assesernents certified against the benefiting properties • Page FIN ANCE PLAN SUMMAR $ 9 } FOR CITY OF OTSEGO, MINNESOTA $690,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2007B • NORTHLAND SECURITIES r 45 South 7th Street Suite 2500 Minneapolis, MN 55402 612 -851 -5900 800 -851 -2920 September 28, 2007 City of Otsego, Minnesota $690,000 General Obligation Improvement Bonds, Series 2007B Financing Overview: The Bonds will be issued pursuant to Minnesota statutes 475 and 429 to fund various public improvement projects within the City including the Quantrelle Avenue /88th Street projects. The City's total cost of the project is approximately $611,420. The net financing requirement is $690,000 inclusive of all financing costs and capitalized interest. The estimated debt service structure is shown as Exhibit A. The debt service structure illustrates interest only payments until 2010 and level annual payments thereafter. This structure is reflective of the terms of the assessment agreement the City has in place with the developer(s) which calls for a two year delay in assessment collections (with interest accruing) resulting in the first collection of assessments to be 2010 and a final collection year of 2016. The debt service assumes a current average market interest rate of 3.66 %. Exhibit B illustrates the estimated debt service fund cash -flow. We understand approximately $636,584 of assessments will be filed in 2007 over a nine year term with the first collection in 2010 at a rate of 7.00 %. The total estimated sources and uses are as follows: Sources & Uses Dated 11101/2007 Delivered 1110112007 Sources Of Funds $680,000.00 Par Amount of Bonds Total Sources $690,000.00 -- -- - Uses Of Funds 25,344.00 25, Total Costs of Issuance including Underwriter's Discount _. 53,310.22 6 , Deposit to Capitalized Interest (CIF) Fund 320.22 Deposit to Project Construction Fund 42 .00 Rounding Amount Total Uses $690,000.00 Page 2 NORTHLAND SECURITIES Summary of Recommended Terms: 1. Type of Bond Sale Negotiated sale with Northland Securities 2. Expected Pricing Thursday, October 4, 2007 3. Contract Signing Monday, October 8, 2007 4. Council Consideration Monday October 8, 2007 @ 6:30 P.M (Regular Meeting) 5. Repayment Term The Bonds will mature annually each December 1, 2010 - 2016. Interest on the Bonds will be payable on June 1, 2008 and semiannually thereafter on each June 1 and December 1. Capitalized interest has been included in the Bond proceeds to cover the interest payments through December 1, 2009. 6. Security General Obligation of the City. In addition, special assessments totaling $636,584 will be pledged to the repayment of the bonds. The assessments are • expected to be filed in the fall of 2007 for first collection in 2010 over a term of 9 years at approximately 7.00 %. The City does not expect to need a debt service tax levy. 7. Prepayment Option The Bonds maturing December 1, 2015 — 2016 will be subject to prepayment on December 1, 2014 at a price of par plus accrued interest. 8. Tax Status Federal and State tax exempt. 9. Credit Enhancement We believe a credit rating will be cost beneficial. The City's general obligation debt is currently rated A2 by Moody's Investors Service. Page 3 NORTHLANDSECURITIES Related Considerations: • Bank Qualified - the bonds will be designated as "bank qualified" obligations pursuant to Federal Tax Law because the City's issues this year will not exceed the $10.0 M threshold. The impact of this designation may result in slightly lower interest rates since banking institutions will be interested in purchasing the bonds. We have adjusted the estimated interest rates accordingly. • Arbitrage Compliance — o Project / Construction Fund — All tax exempt issues are subject to federal rebate requirements which require all arbitrage earned to be rebated to the U.S. Treasury. A rebate exemption the City expects to qualify for is the "two year spend -down exemption ". o Debt Service Fund — The City must maintain a bona fide debt service fund for the bonds or be subject to yield restriction in the debt service fund. A bona fide debt service fund involves an equal matching of revenues to debt service expense with a balance forward permitted equal to the greater of the investment earnings in the fund during that year or 1/12 of the debt service of that year. The City should become familiar with the various Arbitrage Compliance requirements for this bond issue. The Bond Resolution explains the requirements in greater detail. We are also available to assist the City in meeting these requirements. • Book Entry - The Bonds will be global book entry with a bank designated as the paying agent. As "paperless" bonds, you will avoid the cots of bond printing and annual registrar charges. The Paying Agent will invoice you for the interest semiannually and on an annual basis for the principal coming due. You will be charged only for paying agent /transfer agent services provided by the bank. This cost of services has been capitalized into the bond issue. • Continuing Disclosure - Because this issue is less than $1,000,000, the Securities and Exchange Commission's continuing disclosure requirements do not apply. Page 4 0 NORTHLAND SECURITIES • EXHIBIT A Debt Service Schedule Date Principal Coupon Interest Total P +I Fiscal Total 11/01/2007 - - - - 06/01/2008 - - 14,653.33 14,653.33 - 12/01/2008 - - 12,560.00 12,560.00 27,213.33 06/01/2009 - - 12,560.00 12,560.00 - 12/01/2009 - - 12,560.00 12,560.00 25,120.00 06/01/2010 - - 12,560.00 12,560.00 - 12/01/2010 90,000.00 3.550% 12,560.00 102,560.00 115,120.00 06/01/2011 - - 10,962.50 10,962.50 - 12/01/2011 90,000.00 3.550% 10,962.50 100,962.50 111,925.00 06/01/2012 - - 9,365.00 9,365.00 - 12/01/2012 95,000.00 3.600% 9,365.00 104,365.00 113,730.00 06/01/2013 - - 7,655.00 7,655.00 - 12/01/2013 100,000.00 3.600% 7,655.00 107,655.00 115,310.00 06/01/2014 - - 5,855.00 5,855.00 - 12/01/2014 100,000.00 3.700% 5,855.00 105,855.00 111,710.00 06/01/2015 - - 4,005.00 4,005.00 - 12/01/2015 105,000.00 3.700% 4,005.00 109,005.00 113,010.00 • 06/01/2016 - - 2,062.50 2,062.50 . - 12/01/2016 110,000.00 3.750% 2,062.50 112,062.50 114,125.00 Total $690,000.00 - $157,263.33 $847,263.33 - Page 5 NORTHI_ANDSEC URIT1 ES EXHIBIT B Debt Service Cashflow Assessment Capitalized Total Scheduled Net Cash Cash Date Revenue Interest Revenues P +I D/S Fund Flow Balance 12/01/2007 - - - - - 12/01/2008 - 27,213.33 27,213.33 27,213.33 - - 12/01/2009 - 25,120.00 25,120.00 25,120.00 - 12/01/2010 135,663.12 976.89 136,640.01 115,120.00 21,520.01 - 21,520.01 12/01/2011 133,552.88 - 133,552.88 111,925.00 21,627.88 - 43,147.89 12/01/2012 133,552.44 - 133,552.44 113,730.00 19,822.44 - 62,970.33 12/01/2013 133,552.96 - 133,552.96 115,310.00 18,242.96 - 81,213.29 12/01/2014 133,552.88 - 133,552.88 111,710.00 21,842.88 - 103,056.17 12/01/2015 133,552.54 - 133,552.54 113,010.00 20,542.54 - 123,598.71 12/01/2016 133,552.08 - 133,552.08 114,125.00 (123,598.71) 143,025.79 - Total $936,978.90 653,310.22 $990,289.12 $847,263.33 - $143,025.79 - Assessments are based on a principal amount of $636,584 (not including capitalized interest) fora term of 9 years (7 collections) with first collections in 2010 at a rate of 7.00 %. • Page 6 NORTHLAND SECURITI ES EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA HELD: OCTOBER 22, 2007 Pursuant to due call and notice thereof; a regular or special meeting of the City Council of the City of Otsego, Wright County, Minnesota, was duly held at the City Hall on October 22, 2007, at 7:00 P.M., for the purpose, in part, of authorizing the issuance and awarding the sale of $690,000 General Obligation Improvement Bonds, Series 2007B. • The following members were present and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $690,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2007B, PLEDGING SPECIAL ASSESSMENTS FOR THE SECURITY THEREOF AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the City of Otsego, Minnesota (the "City "), hereby determines and declares that it is necessary and expedient to issue $690,000 General Obligation Improvement Bonds, Series 2007B (the "Bonds" or, individually, a "Bond "), pursuant to Minnesota Statutes, Chapters 429 and 475, to finance the construction of various improvements in the City (the "Improvements "); and B. WHEREAS, the Improvements and all their components have been ordered prior to the date hereof, after a hearing thereon for which notice was given describing the Improvements or all their components by general nature, estimated cost, and area to be assessed; and C. WHEREAS, no other obligations have been sold pursuant to a private sale within the last twelve calendar months of the date hereof which when combined with this issue would exceed the $1,200,000 limitation on negotiated sales as required by Minnesota Statutes, Section 475.60, Subdivision 2(2); and D. WHEREAS, it is in the best interests of the City that the Bonds be issued in book- entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Otsego, Minnesota, as follows: 1. Acceptance of Offer. The offer of Northland Securities, Inc. (the "Purchaser"), to purchase the Bonds in accordance with the terms and at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby accepted. 2077651v1 2. Bond Terms. (a) Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds shall be dated November 1, 2007, as the date of original issue, be issued forthwith on or after such date in fully registered form, be numbered from R -1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations "), and shall mature on December 1 in the years and amounts as follows: Year Amount Year Amount 2010 2014 2011 2015 2012 2016 2013 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period "), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee "). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant ") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner "). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of 2077651v1 redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments bail be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations "). (vii) All transfers of beneficial ownership interests in each Bond issued in book -entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a 2077651v1 special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than fifteen calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. • (c) Termination of Book -Entry Only System. Discontinuance of a particular Depository's services and termination of the book -entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book -entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10. (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose. The Bonds shall provide funds to finance the Improvements. The total cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the 2077651v1 Improvements shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Improvements proceeds with due diligence to completion and that any and all permits and studies required under law for the Improvements are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on June 1 and December 1 of each year (each, an "Interest Payment Date "), commencing June 1, 2008, calculated on the basis of a 360 -day year of twelve 30 -day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Year Interest Rate Maturity Year Interest Rate 2010 2014 2011 2015 2012 2016 2013 5. Redemption. All Bonds maturing on December 1, 2015, and thereafter shall be subject to redemption and prepayment at the option of the City on December 1, 2014, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds. To effect a partial redemption of Bonds having a common maturity date, the Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Registrar (with, if the City or Registrar so requires, a written instrument of transfer in form satisfactory to the City and Registrar duly executed by the holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 2077651v1 6. Bond Registrar. Northland Trust Services, Inc., in Minneapolis, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar "), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following foam: UNITED STATES OF AMERICA STATE OF MINNESOTA WRIGHT COUNTY CITY OF OTSEGO R- GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2007B Interest Rate Maturity Date Date of Original Issue CUSIP December 1, November 1, 2007 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: THE CITY OF OTSEGO, Wright County, Minnesota (the "Issuer "), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for prepayment, and to pay interest thereon semiannually on June 1 and December 1 of each year (each, an "Interest Payment Date "), commencing June 1, 2008, at the rate per annum specified above (calculated on the basis of a 360 -day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of Northland Trust Services, Inc., in Minneapolis, Minnesota (the "Bond Registrar "), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any interest not so timely paid shall cease to be 207765 vl payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution. Until termination of the book -entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. Ovtional Redemption. The Bonds of this issue (the "Bonds ") maturing on December 1, 2015, and thereafter, are subject to redemption and prepayment at the option of the Issuer on December 1, 2014, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds prior to the date fixed for redemption. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, . . however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $690,000, all of like date of original issue and tenor, except as to number, maturity, interest rate and denomination, issued pursuant to and in full conformity with the Constitution 2077651v1 and laws of the State of Minnesota and a resolution adopted by the City Council on October 22, 2007 (the "Resolution "), for the purpose of providing money to finance the construction of various improvements within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Improvement Bonds, Series 2007B Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. • Denominations: Exchange: Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax - Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax- exempt obligation" for purposes of Section 265(bX3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and 2077651v1 have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Otsego, Wright County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Administrator, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: Registrable by: NORTHLAND TRUST SERVICES, INC. Payable at NORTHLAND TRUST SERVICES, • INC. CITY OF OTSEGO, WRIGHT COUNTY, MINNESOTA BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION /s/ Facsimile This Bond is one of the Bonds Mayor described in the Resolution mentioned within. Northland Trust Services, Inc. /s/ Facsimile Minneapolis, Minnesota, Administrator Bond Registrar By Authorized Signature 2077651v1 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties 3T TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) (Minor) under the Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not effect 'transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 2077651v1 PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: AUTHORIZED SIGNATURE DATE AMOUNT OF HOLDER 2077651v1 8. Execution. The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and Administrator and be sealed with the seal of the City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and, by inserting as the date of registration in the space provided, the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue of November 1, 2007. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration: Transfer: Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. 2077651v1 All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or the Holder's attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Administrator is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder') on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date hall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery: Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Administrator to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Improvement Bonds, Series 2007B Fund" (the "Fund ") to be atlministered and maintained by the Administrator as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in 2077651v1 the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund the following separate accounts: (a) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less any accrued and capitalized interest, plus any special assessments levied with respect to the Improvements and collected prior to completion of the Improvements and payment of the costs thereof. From the Construction Account there shall be paid all costs and expenses of making the Improvements listed in paragraph 16, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. Moneys in the Construction Account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes or special assessments herein levied or covenanted to be levied; and provided further that if upon completion of the Improvements there shall remain any unexpended balance in the Construction Account, the balance (other than any special assessments) shall be transferred by the City Council to the Debt Service Account or the fund of any other improvement instituted pursuant to Minnesota Statutes, Chapter 429, and provided further that any special assessments credited to the Construction Account shall only be applied towards payment of the costs of the Improvements upon adoption of a resolution by the City Council determining that the application of the special assessments for such purpose will not cause the City to no longer be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. (b) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (i) all collections of special assessments herein covenanted to be levied with respect to the Improvements and either initially credited to the Construction Account and not already spent as permitted above and required to pay any principal and interest due on the Bonds or collected subsequent to the completion of the Improvements and payment of the costs thereof; (ii) any accrued interest received upon delivery of the Bonds; (iii) capitalized interest in the amount of $ (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient fiends to pay interest due on the Bonds on or before December 1, 2009); (iv) any collections of all taxes hereafter levied for the payment of the Bonds and interest thereon; (v) all funds remaining in the Construction Account after completion of the Improvements and payment of the costs thereof, not so transferred to the account of another improvement; (vi) all investment earnings on funds held in the Debt Service Account; and (vii) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Construction 2077651v1 Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 16. Special Assessments. It is hereby determined that no less than one hundred percent of the cost to the City of each Improvement financed by the Bonds within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefited by any of the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one year after ordering each Improvement by the Bonds unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts. The City hereby further covenants and agrees that it will do and perform as soon as they may be done all acts and things necessary for the final and valid levy of the special assessments, and in the event that any special assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City, either in the making of the special assessments or in the performance of any condition precedent thereto, the City will forthwith do all further acts and take all further proceedings as may be required by law to make the special assessments valid and binding liens upon the properties. The special assessments have heretofore been authorized. Subject to such adjustments as are required by the conditions in existence at the time the special assessments are levied, it is hereby determined that the special assessments shall be payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interest on the declining balance of all special assessments at a rate of 7.00% per annum, as set forth opposite the years specified below: Improvement Designation Levy Years Collection Years Amount 2009 -2015 2010 -2016 See attached schedule At the time the special assessments are in fact levied the City Council shall, based on the then current estimated collections of the special assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. 17. Coverage Test The special assessments are such that if collected in full they, together with estimated collections of other revenues herein pledged for the payment of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. Consequently, no taxes are levied at the present time. 2077651v1 18. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, beating interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity. 19: Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150 -2 (the "Reimbursement Regulations ") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). The City hereby certifies and/or covenants as follows: (a) Not later than sixty days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration ") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project "); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed twenty percent of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or five percent of the proceeds of the Bonds. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150- 2(d)(3) of the Reimbursement Regulations. 2077651v1 (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax - exempt status of the Bonds. 20. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 21. Certificate of Registration. The Administrator is hereby directed to file a certified copy of this resolution with the County Auditor of Wright County, Minnesota, together with such other information as the County Auditor shall require, and to obtain from the County Auditor the certificate that the Bonds have been entered in the County Auditor's Bond Register. 22. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and famish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody" and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 23. Negative Covenant as to Use of Bond Proceeds and Improvements. The City hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 24. Tax - Exempt Status of the Bonds: Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (a) requirements relating to temporary periods for investments, (b) limitations on amounts invested at a yield greater than the yield on the Bonds, and (c) the rebate of excess investment 2077651v1 earnings to the United States, if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that: (a) the Bonds are issued by a governmental unit with general taxing powers; (b) no Bond is a private activity bond; (c) ninety -five percent or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City); and • (d) the aggregate face amount of all tax exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof and all entities treated as one issuer with the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. 25. Designation of Qualified Tax - Exempt Obligations. In order to qualify the Bonds as "qualified tax- exempt obligations" within the meaning of Section 265(bx3) the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax- exempt obligations" for purposes of Section 265(bX3) of the Code; (d) the reasonably anticipated amount of tax- exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2007 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2007 have been designated for purposes of Section 265(b)(3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 26. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to the Bond Registrar on the closing date for further distribution as directed by the Purchaser. 2077651v1 27. Severability. if any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 28. H-. eadxngs. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. 2077651v1 STATE OF MINNESOTA COUNTY OF WRIGHT CITY OF OTSEGO I, the undersigned, being the duly qualified and acting Administrator of the City of Otsego, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as such minutes relate to authorizing the issuance and awarding the sale of $690,000 General Obligation Improvement Bonds, Series 2007B. WITNESS my hand on October 22, 2007. Administrator 2077651v1 ITEFA 5.5 IT APPLILI TION AND CERTIFICATE FOR PAYMENT bootee #: 7.02011S -9 • TO NOW City 0i Otsego Pralocl: 61005 7006 Otsego Park Sites Application No.: 7 t?ielrtbuda to 8899 Nashua Ava NE R Architect ea Period To: = Contractor a Mega, M 55330 FrwnContractor. Knife River Corporation-1400h via Architect: EE9 PO Box 1333 Project Nos: St. Cloud, MN 5502.1333 Contract Fon Contract Dote; CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor testifies that to the best of the Contractor's knowledge. information. and belief, the work covered by this Application for Payment Las been t:omple�teai in j Ap licseon is made hp mutant, as blv.M n beanie. in cttrntarietn Pith the Contract accordance with the Cool:act Document.. That all amounts have been paid by the Contractor for o CV t:oMxwattwt Shoot is attar-hod far which pre it we Cettiticate fo r Payment were issued ar paymen received from the Uttmer, and that current payment shown herein is now die. V r 1. Ongrnal Contract Sum $1,591,056.25 CONTRACTOR: TOR: Knife River Corporation -North Central 2. Net Change By Change Order S- 279,465.93 3. Contract Sunt To Date ......... .. . . .. $1.311,590.32 r , 4. Total Completed and Stored To Date .... .. .. $1.207.420.02 By: ''" .,.. ---- Date: y- /to -0 7 5. Retainage : a 5.00 of Completed Work Stoic at. /1J, 1,/ County ot. tot i p $60.371.06 S u b scr t bad and twurn to beFws me /4 71.1 day of ,.y - mac; 1 ' - r b ODOSi. of Stored A4atertal $0.00 yr v# or 4etena'e.►t.:r< Note a;in1 �r+�'� + '. �. ,r..s - e 9 e My Comics' Arcs. /� 9/ -/G r � J • ,,L W STOVER f C owl R.etaina t ....... .. $60,371.08 ; N ' 41 :' ' t it uC- taint S0!A r $ w . ,, :, ,Ali. 31, 2010 7 C 57,147,048.94 ° ,.. :.....7 ,. 6. Total Sarum! Len Retainage .... .... ........ ARCHITECT CERTIFICATE FOR PAYMENT ::a'* to steordanuc with the Connors Da u rents, based on on-site obsta valiant and *alb 7, i.etie Previous Cent ales For Pa encnL. cemprisine the above application. the Arehitxi celestite in the l iwner that in the hest of the. crs $1,137,738.94 r rc)utcce's tarawledge, infonnatian, and belief, the Wnri: bas pmt esso1 es indite tee% VA the quality ul'the Wuxi: it to ccaxdzuor with tart C,tbuu•u Document.. .mil the C.mllteL'tuJ a k. Ctirreut i'xy fnent Due ......... $9,310.00 isesntled in paynseat of the AMOUt i CbK•r0•itil). 1.11 r•- ? 9. Balance To Finish. Plus Retainsge : .. .......... ... 9164.541.38 L0 AMOUA'TCERTIFIED $9,310.00 r, (Aftseb expran•taa it smote earf#isd deYoit tram rh• amavrd **bad hriynt uti flp res on Mrs Apaoeation wart on the C i l e I C h r a r i A i We a r ,t 'tao Changed to °Wcrm rah the ammo! ceAriett) C f r- CH L: ORDER SUMMARY ' Additions Deductions u ✓ Twat etuatim;swam/ u� m preview: mo at% b Ow £5,006.75 $2 y Owner ,. 84472 ,.68 ARCHI CT: loot app lied due Mosul $0.00 $ 0.00 By. • • Date: dk 1�k r t . n Tlus ciuft • is not negotiable, pa r m T O(Als $ 5, 006.75 5284,472.6$ C ftntibble •'tomAMO tt!�r1'CFft't7t:tEDis gabl only t o the N Contractor named herein. Issuance, payment. and acceptance of payment are without i° Nei Changes 13y Change Order 5279,465.93 prejudice a to any rights of the Owner or Contractor under this Contact. y c� CON'S ANUATION SHEET Page 2oi8 c r Application and Certification Tor Payment, containing Application No.: 7 ,. 0 Contractors Slgnai Certification 75 atxa:cheri. Application Date : 4f16120D7 0 In tabulations below, amounts are stated 10 the nearest dollar. Ta: a w Use Column T un Connects wh rc t•anal>Ie rera nage for line items may apply' Q Architect's Project No.: : a. Invoice Ti : 7 - 62005.9 Contract : 62095- 2006 Otsego Park Sites 1 F G _ - - � ._ _A_ Ti Item description of ~furl. tichedulesl \thrrkr'n 1 Matti-tab 'Tota( 3 °fo t3ataucc RriBiva =c No. Value From Pre.inus ' 1'hi. Perin+ ! Prearntty Corrplenil tG / C'1 T o t'nit'h Application In Flat* Stared and Marini ` " -G) i To {)ate (Ti in U ur E3 ( (Not • I r t. t)+ F,- +1'I ■ ( 900; 3 .00 °!s 0.00( 0.03 p - - ` 1 ' 2006 Otsego Park Sites 0.00 0.00 0.00 0.00 1100 BEAUDRY MEADOWS PARK 0.00 0.00 0.00 0.00 0.00 I 0.00%1 0.001 0.00 1101 SURVEYING & STAKING 500.00 5 0.00 1 0.00 5033.00: 100.00 %: 0.00' 25.00 r 0 t)0 1:35.(7" 1201 REM GRUB! HAUL EXIST VEGE 2.700.00 2,700,00 0.00 0.00 2,700.00 t 1(10.00% s l-, 1-- 1202 REM & SALV 6' HIGH C -77.40 155.88 CHAIN 3,040.10 ! 3,117.50 0.00 I ' 0.00 3 102.55`y° 0 1301 ON -SITE EARTHWORK 55,000.001 52,250.00 0.00 0.00 52,250.00 95.00% 2,750.00! 2.612 50 1 0 7 1302 . Ih1PORT1SPFlDJ FINE GRAD 4" 38,Ei80.60 0.00 0. 0.00' 0.UU 0.00% `) 1303 F & I Ct.. -2 RIP-RAP 6,500.00 0.00 6,500.00 0.00 6.500.00 100.00% 0.00 = 325 00 LA_ 1304 F & 112" DEPTH SHRED MULCH 14,500.00 14,500.00 0.00 I 0.00 14,500.00 100.00% 0.00' 725 00 1401 F & 1 BIT & GRAVEL - TRAILS 44,503.70 44,503.70 0 00 ! 0 00 44,503.70 100.00% 0.00 2,225.1 1402 F & I BIT & GRAVEL - PARK LOTS 28,800.20 20,160.14 0 00 0 00 20,160.14 70.00% 8,640.061 1,008.01 F c 1403 F & 18-618 CURB - PARK LOT 5,738.50 7.348.50: 0.00 ' 0.001 7, 348.50 128.06% •1,610.00 367 43 1404 F & I BIT &GRAVEL - &BALL CRT 14,898.75 14,898.75 0.00 0.00 14,{398 75 100.00% 0.00' 7t+) X31 1405 F & 14" CONCRETE PAVE 38,192..45 38,192.45 0.00 0.00 38,192,45 100.00% 0.00 1.900 62 f 1406 F & 1 INTEGRAL 6" x 18" CONCR i 4.717.05 4,779.00 0.00 0.00 4,779.00 101.31% -61.95 23895 , 1407 F & I TRUNCATED DOME 676.00 338.00 0.00 0.00 335.0`0 i 50.03% 338.00 16.90 '. 1501 F & I BENCH 8,100.00: 8,100.00 0.00 0.00 8,100.00 100.00%1 0.00 405.03 1502. F & I PICNIC TABLE 6,600.00 6,600.00 0.00 0.001 6,600.00 100.0D% i 0.00 330.03 N 1503 F & I GRILL 1,000.00 1,000.00 0.00 0.00 1,000.00 100.00% 0.00 50.0; N 150 F & t TRASH RECEPT 2,300.00 2,300.00 0.00 0.00 2,300.00 100.00 °b 0.00 115071 z r` 1505 F & I BIKE RACK 750.00 750,00 0.00 0.00 750.00 100.00% 0,001 31 50 v p 1506 F & IL 10' HIGH 6-BALL GOAL 2.225.00: 2,225.001 0.00 ! 0.00 2,225.00 100.00% 0.00! u 111 25 1 � . 1507 F & 18' HIGH B -BA1L GOAL 2.225.001 2,225.00 0.00 0.00 2,225.00 100 00% 0.047: 111.25 15081 F & I K -5 PLAY EQUIP /MATS 47,000.00 0.001 0 00 0.00 0.00: 0.00% 47,000.00I 0.00 h- 15091 F & I PRE -K PLAY EQUIP/MATS 37,750.00 0.001 0.00 9.00 o.Ba . 0.00% 37,750.00 i 0.00 , 1510 F & 1 BELT SWINGS /MATS Un 2,10000 0.00 0.00 0.00 0.0`0 0.00% 2,'r00.GU 1 0.00 - 00 + 1511 F & 120' X 24' PREFAB SHELTER 25,000.00 25,000.00 0.03 0.00 25,000.00 I 100.00% 0 1,250.00 1- 1512 F & I SATELLITE ENCLOSURE 3,000.00 3,000.00 0.00 0.00 3,000.00 100.00% 0.001 150 m 1513 F & I "TWO TENNIS CRTS 75,000.00 75,000.00 0.00 0.00 75,000.00 100.00% 0.00 3,75'0 OD 1514 F & I TENNIS COURT BANG BRD 2,350.00 2,350.00 0.0'0 0.00 2,350.00 100.0D% 0.00 111.50 - 1515 F & IL MOD BLOCK RETAIN WALL 10.175,00 10,175.00 0.00 0.03 10,175.03; 100.00% 0.00 508.75 a) ) 1516 INSTALL 6' SALV CHAIN LINK 6.908 50 3,499 66: 0 00 0.00 3,499.661 50.66"10 408 641. 174-`99_ .. ._.... .. _ ..... . .. . _ _ ,,,::::c-)c)c3C:"'r)c"7'c-nn'4-50043000mca 0 0 0 c 6 0 0 6 : : : a: „ i 7 j g oa sr 0 0 45 0 d tri 6 .-. v.; ,- — vi 0i 6 6 ci — O r• 0 r - 0 0 1-= 6 i -6 cr n el A- 0 0 q Ar 0 C. ts• : \I 0) , i - :•• cn rs 6 6 6 6 en 0 6 0 ca c7 cD ca 0 ca 0 0 ca CD CD CD ep cp ca ca 6 ea ca 6 a La I ne rs ) 666.166666,-66.6666666666 a a 666606 a oi 6 6 6 t..: 6 6 c..i 6 i ---, ...--i 6 6 6 6 6 6 6 0 6 6 6 6 kri 6 iNj , a , tsi 6 6 6 6 n 0 c q 6 te., ry h5 0 A- A- Ca 15 0 4n_ cc 0 0 CD CD A- • A- N ,so, ...., ;I' . . . .. .. • : 0 0 6 z .. 1 0 CD CD 0 CT CD CD CI CT 0 CT 1+ 0 CD 0 0 0 0 0 0 0 C? ca_ C2 s_.42 co) 0 CD n 0 CD 1 0 0 0 0 CD 0 Cs CD Ca 0 0 4D cD 0 0 am cr up 0 C 0, 0 0 0, OP 0 t'l 0 .0 42 ...r, 0 , c 0 ti ei c ••-• 0 E . , , 0 ” , - - - _ - r , , " r - - - - - • _ .. ........m.----.. - 0 0 C) 0 0 0 4 0 0 Cd ea c> c> 6 CD 0 cD C7 0 Ca 0 C ca ea CD CD e) 0 0' C) 0 0 V) 0 Q 0 0 0 0 0 0 0 0 0 0 0 0 0 CD 4) CD cs CD 00 0 CT CD CD CD 0 CD .4 -, 0 0 CD r": 6 ci O ci 0 6 6 6 6 6 0 0 vi CD CT C 0 6 gi Lci 0 6 03 03 6 s 6 6 , 2 ! : o CI :I en 4) 0 0 03 0 N er4 a 6 CT 0 N tn sir 4* 03 0 up 1.4., • m m . — to. 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To: ip Use Column 1 on Contracts where variable retamage for line items may apply, <1 Architect's Project No.: a._ I twoiee 0 : 742005.9 Contract : 62005- 2036 Otsego Park Sites A ti _ ___ C n _ • c 1 11 i . . . ,-- Item nencription of Wet k &bra LANS Work r 'Only itstria Nigeria 5 Tatt.1 % i Baum: II tersinage No. Wee F tom PrcNious 'Ibis ?cried 1 Pt tAlatiy Completed ( ; f• (3 1 're ifingit Application In Pfau: i Stored and Stored (0+C) ; To Dog i I i (fet in P or F. (1)4+,4F) t C1' 4 2101 SURVEYING 500.00 5.00100 0.00 I 0.00 504.00 1 100.00% ' 000 25.00 g 2201 REMOVE CONCRETE WALK 262.50 375.00 0.00 1 0.001 375.801 142.86% i -112.50 1 8.76 t D , 2202 REMOVE B17 UMINOUS 272.00 286.00 0.00 i : 0.001 288.00 i 105.88%1 -16 00 14. 40 ! 4 2203 REMOVE CONCR CURB & CUTTER 794.75 671.50 0.00 ' 0.00 671.50 84.49% t 123.25 33.58 1 2301 ON-SITE EARTHWORK 55,000.00 55,000.00 0.00 0.00 55,000 00 100.0D% 0.00 ‘ 2,750.00 1 - 7 1 !) 2302 IMPORT/SPREAD/FINE GRADING 4" 29.800.00 0.001 2.100.00 0.00 2,100.00 7.05% 27,700 00 105.00 7..r 0.001 325.00 0 2303, F & I 4" AG LIME INFIELD 6,500.00 6,500.00 0.00 0.00 6,500.00 100.00% o 2354 FABRIC & CL-2 RIP-RAP AT PIPE 1,200.00 0 00 1,200.00 0.00 1,200.00 100.00% a co 60.00 Lt. W 2305 12" SHRED FIBER MULCH 14,500.00 14,500.00 0.08 0.00 19,500.00 i0000% 0.00 . 725.00 I to 2401 BIT PAVE & GRAVEL.- TRAILS 32,865.25 32,655.25 0.00 0.00, 32,885.25 100.00% 0,00 1,643.26 2402 BIT PAVE & GRAVEL- PARK LOT 32,437.501 22,70925 0.00 0.00 22,706.25 70.1.10plo 9,731.25 1,135.31 1 ,, 2403 F & 1 B-618 CURB- PARK LOT 6,405.50 i 6,359.50 0.00 0.00 6,359.50 1 99.28% 46.00 317.98 I r (' 2404 BIT PAVE & GRAVEL 6-BALI 22,822 50 22,822.50 0.00 0.40 22.822.501 100.03% 0.00 1,141.13 t) 1 r 2405 4" CONCR PAVE INCLUDES 33,577.65 I 34,241.651 0.00 0.00 34,241.65 1 101.98% -664.00 1,712.08 l - 71.40 I ! 2406 F & I 6" CONCR PARK LOT 1,802.00 I 1.428.00l 0,00 0.00 1.428.00 1 79.25%1 374.00 I I I i 2407 F & I 6" CONCR MAINT STRIP 410.00 799.50' 0.00 0.00 799.50' 195.30% I -369.50 I 39.98 2406 F & I 6" X 18' CONCR PLAY CONT 2,568.75 2,543.75 0.00 0.00 2,643.75 102.92% I -75.001 132.19 1 2409 F & I 6" X 18' INTEGRAL CONCR 4,451.551 4,593.15 0.00 0.00 4,593.15 103.18% i -141.601 2206 .5 M 2410 F & I TRUNCATED DOME PANELS 1,700.08 I 1,700.00 0.00 0.00 1,708.00 100. , 00% 0.00 8500 ! CZI 2501 F & I BENCH 5,400.00 5,400.00 0.00 0.00 5,400.00 100.00% 0.00 270.00 r- 2502 F & I TRASH RECEPT ' 2,300.00 2.300.00 0.00 0.00: 2,300.00 100.o0% 000 1150X) A . to 2503 F &) PICNIC TABLE 6,800.00 6.600.00 0.00 0.00 . 6,600.00 100.00% 900 I 33900 2504 F & I GRILL 1,000.00 1,000.03 0.00 0.00 1,000.00 100.00% 0.00 50.00 2505 F & I PLAYERS f3ENCHiBLEACHER 5,300.00 5,300.00, 0.00 0.00 5,300.00 100.00% 0 00 265.00 ! r- 2506 F& 1 BIKE RACK 750.001 750.001 0.00 0.00 750.00 : 100.00% 0.00 37.E0 <1 2507 F & 110' B-BALL GOAL 4,450.001 1 4,450.00i 0.00 ! 0.00 4,450.00 100.00% 0.00 222.50 I ,-4 2508 F & 18' B-BALL GOAL 2,225.00 I 2.225.00; 0.00 : 0.00 2,225.00 100.00% 0.00 111.25 2509 F & 1 K -5 PLAY EQUIP/WEAR MATS 413.500,0Di 0.00' 0.00 0.00 0.00 0.00% 48,500.00 0.00 2510 F & 1 PRE-K PLAY EOU1PAIVEAR 37,500.001 0.00 0.00 0.00 0.00 0.00% 37500.00 0.00 c; c0 2511 F & I SWINGS 2,100,00 0.00 0.00 1 0.00 0.00 0.00% 2,100.00 0.00 .--1 2512 F & (20' X 20' PREFAB SHELTER 28,000.00 28,000.001 8.00; 0.00 28.000,00 100.00% 0.00 1,400.00 --.. co 2513 F & I SATELLITE ENCLOSURE 3,030.00 3,000.00 0.0D 1 0.00 3.000 00 ' 100 00% 0.00 ; 150.09 ..I .. .. „ _ _...... _ ... ... .._ _ 90'd .;L6 6:1 SG G '' t., Pt 2,00(17-T o in o 0 O N u3 0 u: 6 CD 0 0 0 ' :t) t ) al or 0 0 0 c c00 cn a ca 0' Q c !.. o t-- O 0 ct) IN. 0 0 V) N•- . ti N d 0 0 0 0 00000 Cc o C O tV 0 cP o N. 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L. 111 i` t!) or L) ._ I 1',. •- •, '7 71 tao h W r CV C7 N r) rt u7 0. 1+• Cp C1 O r iti t'7 • q M _ V" Y CO h 4 O 0 C' 1- .*: G i 5 1 4t r r 0 0 0 C? d tJ 0 0 t� O O d • G "� C - j 5 t7') 47 4 u 7 lA CG t•, t•. 1+ r. f+ P. t-.. !ti r• T... i� R. h h h h h CO 6 3 r CV C7 M . ' o tY N N N N N N CV N N N N N N N N N N N Ni N N N N N N N M C3 C3 r3 i O ' E -a (-• . ci --a Le -- -41 i aa N c _... _ -. — _._ 60/90 J'9Cd dnoao tSNII 1fllSNO3 d6S 6ZtGSLPE9L Lb:St L003/9t /QT cr, , CONTINUATION SHEET Page 6 of iro - 1‘-':- Application atd Certification for PayrnesoL containing Application No. : 7 t- ° Coniractor sigiled certification is attached, Application Date : 411612007 in tabulations below, mourns are gated t thy, nearest dollar. 0._ Lit To: CD LIse Column ton Coat ts where variable retainage for lint iturns may :apply. tft Architect's Project No.: a. Invoice it : 7_620054 Contract : 82005- 2006 Otsego Park Sites . . . I ,....4. E c 1 __ _11 ._ - r_ : v 4-- G - .. .... i - Ittut Description of Work Scheduled Work Coropterril Matariati I Tout % Bogner ' Retaiusgt No. value i'rnm Proiots 1 This Period 1 Presently ' Coropteard (G/ C) To Fin isk Application In Place Stared and Storiat (C-G) IDIF..) To Dan: I - (Not in 0 or E.) O.. D 3303 F & I FABRIC & CL-2 RIP-RAP - 1,200.03 0.001 0.00 1 0.00 0.00 090% 1:200.00 000 3304 F & 112' SHREDDED MULCH 14,500.00 14,500.1301 0.00 I 000' 14,500.00 100.00% 0-00 725.00 rD t 3401 BIT & GRAVEL-TRAILS 24,332.00 23,11540 0.00 . - 0.00 23,115.40 95.03% 1.216.60 1,15577 c 't7 3402 en & GRAVEL - PARKING LOT 28,9.14.00 28,914.00 0.00 1 0.00 28,914.00 100.00%, 0.00 1.445.70 3403 8-618 CURB & GUTTER -PKG 107 5,934.00 4,956.59 0.00 I 0.00 4.956.50 83.53% 977.50 247A33 3404 BIT & GRAVEL FOR 8-BALI. 18,054.00 18,054.00: 0.00 I 0.00i 18.054.00 100.00% 0.00 902.70 (A - 0 3405 F & I 4' CONC. PAVING INCL 6" 40,910,70 41,802.95' 0.00 0.00 ; 41,802.95 t 102.18% -892.25 2,090.15 (...) 3406 6" X 18" CONC.. PLAY CONT CURB 4,743.75 4.537,50j 0.00 0.00 4,537.50 1 95.65% 206.25 226.88 Li. c e . 3407 G X 18" INTEGRAL OONC PLAY C 3,363.001 4.301.10 0.00 0.00' 4,301.10 127.89% -93810 215 06 - (7) 3408 6" DEPTH CONC. PAVE -PKG LOT 1,326.00 1,36850 0.00 000 1,368.50 103.21% -42.50 68.43 I 3409 TRUNCATED DOME PANELS 1,690.00 1,690.00 0.00 0.00 1,690.00 100.0" 0-00 , 84.50 ry 1 3501 F & I BENCH 9,450.00 9,450 00 0.00 0.00 9,450.00 100.0D% 0.00 472.50 'z r, 3502 F & 1 TRASH RECEPTACLE 2,300.00 2,300.00 0.03 0.00 2,300.00 100.00% 0.00 115.00 0 3503 F & 1 PICNIC TABLE 6,600.00 6,000.00 0.00 0.00 6,603.00 100.00% 0.00 330.00 V 3504 F & I GRILL 1,000.00 1,000.00 0.00 0.00 1.003,00 100.00% I 0.00 50.03 3505 F & I BAKE RACK 750.00 750.00 0.00 0.00 750.00 100.00% 0.00 37 50 3506 F & I 8' 8-BALL GOAL 2,225.00 2.225.00 0.00 0.00 2,225.00 100.00% 0.00 111.25 3507 . F& I 10' B-BALL GOAL 2,225.001 2,225.00 ' 0.00 0.00 2225.00 100.00% 0.00 : 111.25 ? 3508 F & I K-5 PLAY EQUIP/WEAR MATS 43,000%00 I 0.00 0.00 0,00 0.00 0.00% I 43,000.00 I 0.00 3509 F & I PRE-K PLAY EQUIP 37,500.00 I 0.00 0.00 0.00 0.00 0.0D% I 37,500.03 0.00 tr) 0.- -: 3510 F & I SWINGS 2.10O00 r 0.00 0.00 / 0.00 0.00 0.00% ; 2,100.03 0.00 eel I Lo , 3511 F & I 32' X 32' PREFAB SHELTER 48,00000 I 48,000.00 (lop I au) 0.00 2,400.00 48,000.00 100.00% !,.. 3512 F& I FIRE PIT 1,100.00- 990.00 0.00 owl 990 00 90.00% 110.00 49.50 3513 F & I SATELLITE ENCLOSURE 3.000,00 3,000.0D! 0.00 0.00 3,000,00 100.00% 0.00 150.00 r- 3514 r & I TENNIS COURT 47,000.00 47,000.00 0.00 0.00 47,000.00 100.00% 0.00 2,350.03 -a- 1 1:<2 3515 F & I TENNIS CRT BANG BOARD 3516 F & I HORSESHOE CRTS (2) 2.350.00 3,600.00 3.240.01,762.50! 0 0.00 0 0.00 0 00' 010 , 3,240.00 1,762.50 1500% ; 90 00% 587.50 360.00 88 12 iti2.03 0- 3517 P & I DRINKING FOUNTAINS 5.000.01) 3,750.00' 0.00 0.00; 3,750.00 I 75.00% 1,250.00 , 187.50 I 100.00% , 0.03 225.00 4,500.00 rez 3601 F & I PLAY CONT DRAIN SYS 4,500.00 4,500.00 0.00 0.00 CA -... 3701 SOD 5,082.00 0.0D• 0.00 0.00 0.00 0.00% ' 5,082.00 0.00 tA e-4 3702 F & I BLUE GRASS SEED MIX 2,400.00: 1,800.00 0.00 1.800.00 75.00% 600.00 93.03 : co 0703 F & I TYPE A SEED MIX . 1,54000 I 1,155.00 cwo I 0.00 1,155.00 75.03% _ CONTipiUATION SHEET Page 7 tiro En co 0. oe Application coa and Cet tifir�tion for Payment, containing Apptitation No.: 7 Cont: acto10 c. r's signori cti notion is. attached. Application Date . 411612007 6 70' Cr, Ix�tilaliens below', amounts ate stated to the nearest dollar. Architect's Project 7o: ui t..D List Colorful l on Contracts whore variable retail for line item may apply. d a Contract : 52005. 2005 Otsego Part(Sites tnwaice # : 7- 52005 9 t A __ .. _.... _.._ 0 _._..__ ..... tote txina r 14'arke�mptstr 1 Atat°riatx ttrtn ti cheduled ihillICV Dtsr.riptinn °Mork Frtxenti) Camplated tCil Cl TO i'iswieh N'alue 1 From Prrviom 1 This Period {C. 1;} No. App[itatinn Iu Pi,s Stored Stnr To Deft (U t E) ((tint in 0 ur El Tout 88�J.00 13.00 0 .001 0.00 {3 00 0 fl0 0.0095 G) d 3704 F' & I t YPE B SEE:C3 880.00 0.00 fl.00 °�o 1,110.{30 0.00 ..001 0.00 0.00 3705 0 3706 F & 1 RIVER B SEED MIX 0.00 0.. 480.00 480.00E 0.00 73.50 3707 F & I CO ER BIRCH HA 0.00 480.00 100.00% 1 0.00 2 1,470.0D . 0.00 1,470.00 100.00% t Z 3707 F & !COMMON MACKBERRY 1,470.00 000 1,645.00 100.00% 1 0.00 37_.25 ASH 1.6.,.001 0.00 0 OD 3708 F & t FALL GOLD AwH 4500 1645 0.00 0.00 1,660.00 100.00% q.00 84 00 t 1,680.00 1,680.00, z 3709 F & 1 AUTUMN BLAZE MAPLE. 0.001 2,035.00 1(X1.00% 0.00 s 1 0 1 75 2 035.00 2,035.001 0.00 o 3710 F & 1 PATti!ORE ASH 0 Oo: 1,505.003 ; 100.1X395 0.00 ii 70,.25 1.505.00 1,505.001 0.00 0 50 5 .25 371 i F & 3 SWAMP WHITE QA?{ ' 0.00 0.00! I,00D.00 100.00% t� 1,000.00 1,000. t t °r 0 .(,0 60.00 3712 F & t B BLACK HILLS SPR- B' 1,000.001 0.00 i 0 00 1,200.00 100.00% vy 1,203.tk} 1,2Dfl.00 3713 F & t BLACK tilt_LS SPR- 8• 81115.�� U.OU 0.00 575.00 i{X?.CII «,4. 0.00 13.75 r;.: 3714 F & 1 DWARF BUSH HONEYSUCKLE 175.00 61.00 33 33% 1fi 00 . 4.05 243.00 .0X3 0.00 0.00 tv 3715 F & 1 RED GNOME DOGWOOD 243.00 100.00 40.flo °l4 154.00 S.OU U, 250.00 100.001 0.00 c- 3716 F & t NEON FLASH A5M SPiREft 0.00 231.00 68.75° 105.00 11.55 336.00 231.1X 1 0 00 p,. 3717 F & 1 S7t =Lt.A DE ORO DAYLII.Y 1 0.00 0.00% 112.00 � O.OD _ �:' 112.00 o.00 0.00 0.00 3718 F & I ROSY ftE"i URtiS 13AYL1LY ; 0.00 0.00 0. 000.00 1.1X)% 0.00 1,400.00 3801 F & I IRRIGATION SYSTEM 28,000.00 28,000.001 0.00 0.00 2 0.00 28, 000.0D 100.00% 0.00 100.03 3901 ELECTRICAL SYSTEM 2,700.00 2,700.00; 0.00 0.00 00 0.00 3ti, ?70.00 5 . 0 3 5000 COO COO Becudly imai$prd.rFine Grade 4" -36,720.60 0.00 0.00 0,00 . 0.00 o.DO °h, - 47,o00.fl0 000 m 5001 t,Oft1 f3r..audry Deters K-5 Playltetais 47,000.00. 0.00 0.00 0.00 0.00 0.00% 37,7511.1 fl 0 t + 5032 C0113 Beaudry Delete Pre 3C ?taylMa#i -37,750.00 0.00 0 0.00 0.00 0.00% 2,100.' 0.0 {i i in 0.00 5003 C041 Bsaudry Delete Kett Sv.rngslhAats - 2,1fl0.D0 0.001 t,996,40 101.66% - 36.40: ' 3.82 1,996.40 0.00 M 5004 Ct3#1 Beautlry SaivlReinstall Chain Link • 1,960.00 p.00 451 32 to 9,026.33 0.00 0.00' 9.026.33 100.0D% 10 i 5005 C01•01 Beaurlry F81 irrigation System 9.025.33 5006 00 0.00: O.OU"1° 48.SOD.E.0 0.00 0.00 0.00 0.00 : 111 Otsego Delete K -5 Ftayitdais 4$•St>0.00 o,pp' 0.00% ! 31,500.00 t) DO 0.00 0.00 0.00 r- 5007 C0111 Otsego Delete Pre!( PliaylFdats 37,500,00 ( 0.00 0.00 0.00 ; 0 00% 2,100.00' 0.00 ` 5008 Ct3#1 Otsego Delete Belt Swtngsllvtats - 2.1130.00 0.001 0.00 723 37 • 14,467.341 14,467.34; 0.00 0.00 14,467.34 i 100.00% � • 5tYJ9 CU:11 Otsego F81 Irrigation System 0.00 � 0.00% - 14,900.00 U UO 14.900.00 DOW 0.00 0.00 r� 5010 0131111 Kittredge Delete trnptSprd 4' 0.00 0.00 0.00 O.UO j 0.00% � - �i3.OD0.r�D 0.00 5011 COW' Kittredge Delete K-5 Pi �ytMaLs - 43.000.00 i 0.00 0 0095 - 37,500•p 0' 3 0 Q eD t ° -37,500.00 0.001 0.1X! 0.00 c 5012 C{?#t Kittredge Delete Pre -K Play/Mats O.OD U.OD °,� -2,100.00 0.00 x 0.00 ;xi e Delete Belt 2.100,00 ` Q•00 0.� r •? r ,.. 5013 C O#1 Kittr+'� -755 751 - 755.75 0.00 : -755.75 100.00% .___....____.._ 0 : 00 ... .._..._ ; 5014 CO #1 Kittredge F &t Irrigation System (506 6EVCSLA,L9,!, 6V:SL, ............, ..___ ____ ...,...... 0 ‘D 0 0 0 sr iss a - . _ 00000005a rrs• i i" tri 6 6 0 6 0 0 0 N N N N M •"' .4. ,... : .b m i0 - _ -- • ry 0 P-• , 6 0 0 0 011. 0 It) ev ;..... r, : ••* 6 0 r--a 6 0 0 0 0 di • - rs. ir) 0 ts- csi 4.> ). .... • .. su• 'e- a. sr 0 S 12 2 - 1 — ,.. a.e ae e e a* $ .11= $ .3 ....... _... z o ;none: 0 ..1. 0 c) 1.5 cnc,c0oonc) to c — . . . . . 0 0 c .0 i v 8 0 C.3 C5 0 0 0 W 0 C3 0 h N N • 0 N = 2 3 11 e G .... v._ 4 t 11 't 0 CI 0 0 0 ■er) 0 WI — --- — < I ci o ci 6 a 0 ai ri fa 1 1 .N e`° 6 o c•,.. r- W 0 L. 1 3 z , • • A ' f t 1 r .. 9. 6 1 P ... . 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NI S i ,?. a , I gC It § g 0 C3 i D 0 ” i - a? fit Vt U It 4.r 4e ilt -a 17 : 8 0 0 c.) 0 0 0 0 to 0 0 0 0 0 0 c.) a r r .. o acloaa cr, 1.c) 41 0 Lo V) V) kl 01 t) • — . 4 5 4 • 0 0 _ ._......... _ ...___. - _ ....._ .. , GB/60 19Vd dnoao 9NI1111SNO0 .d?iS 6ZVZGLVE92. LV:.g.1 /9T/OT ITEM 5_6 SRF CONSULTING GROUP, INC. Transportation • Civil • Structural • Environmental • Planning • Traffic • Landscape Architecture • Parking SRF No. 005521 September 26, 2007 r dlli if � e.. � A 7 11 Mr. Brad Belair _ t Public Works Supervisor 8899 N.E. Nashua Avenue Otsego, MN 55330 Re: Beaudry Meadows Park, Otsego Preserve Park, and Kittredge Crossings Park Site Improvements SRF Commission Number 5521 -0160 Dear Mr. Belair: Enclosed please find one copy of Knife River, Inc. Request for Partial Payment No. 8 dated September 20, 2007. __ This request has been reviewed with the Contractor. The project billing currently stands at roughly 97% completion, with $73,695.11 unbilled including retainage. SRF recommends payment to the Contractor in the amount of $81,296.64. If you have any questions, please contact me. Sincerely, SRF Consulting Group, Inc. Timothy old, RLA Senior Landscape Architect cc: File H ProjectsL55211LADOCIPAY APP No 8 Cover LeKar doc J 'PLICAT . .4 AND CERTIFICATE FOR PAYMENT I nvoice #: 1380A Distribution to: Project: 62005- 2006 Otsego Park Sites Applkation No.: 8 l I Owner To Owner: City Of Otsego 1 Architect 8899 Nashua Ave NE Period To: [ 1 'Contractor r—i o P Otsego, MN 55330 From Contractor: Knife River Corporation -North Via Architect: ,,pp Project Nos: cam` ,. , St. Cloud, MN 56302-1333 PO Box 1333 ` . Contract Date: V Contract For. ACTORS APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge CO NTR information, and belief, the work covered by this Application for Payment has been completed in Application is made for payment, as shown below, in connection with the Contract. accordance with the Contract Documents. That all amounts have been paid by the Contractor for Continuation Sheet is attached. Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. 1. Original Contract Sum $1,591,056.25 CONTRACTOR: Knife River Corporation - North Central 2. Net Change By Change Order � $- 266,320.41 $1,324,735.8 B = ,� ' a�✓ 3. Contract Sum To Date r ow Date: $1,292,995. y 4. Total Completed and Stored To Date 5. R etainage : County of: tp4• r ►" � State of: �N day of a 5.00 °k of Completed Work $64,649.86 Subscribed and sworn to before m this l /� $0.00 Notary Public: b 0.00°k of Stored Material My Commission expires: 44— $64,649.86 ` i Total Retainage $1,228,345.58 ARCHITEC FOR PAY , _ „+ b ���r� 6. Total Earned Less Retainage In accordance with the Contract Documents, a b 1 La comprising the above application, the Architect • � I a� qj t�AINNEII $1,147,048.94 Architect's knowledge, information, and belief, 1L _`, 'i lw f •13.-. o t� 2008 7. Less Previous Certificates For Paym ents the quality of the Work is in accordance the *, i' .S t 8. Current Payment Due $81,296.64 is entitled to payment of the AMOUNT CERTIF 0 ,D: 9. Balance To Finish, Plus Retainage $96,390.26 AMOUNT CERTIFIED $81 ,296.64 (Attach explanation if amount certified differs from the amount applied. Initial all figures on this Application and on the Continuation Sheet that are changed to conform with the amount certified.) CHANGE ORDER SUMMARY Additions Deductions Total changes approved 75 $284,472.68 ARCHIT 006 $5 in previous months by Owner • Total Approved this Month $13,145.52 $0.00 By: Date: ittki0/ This Certi lc not negotiable. The AMOUNT CERTIFIED is payable only to the TOTALS $18,152.27 $284,472.68 Contractor named herein. Issuance, payment, and acceptance of payment are without Net Changes By Change Order $ - 266,320.41 prejudice to any rights of the Owner or Contractor under this Contract. 1 ■ . i • CONTIN TION SHEET Page2of Application No.: 8 Application and Certification for Payment, containing Application Date : 8/10/2007 Contractor's signed certification is attached. In tabulations below, amounts are stated to the nearest dollar. To: Use Column I on Contracts where variable retainage for line items may apply. Architect's Project No.: Invoice # : 1380A Contract : 62005- 2006 Otsego Park Sites A B C Balance Item Description of Work Retainage Scheduled Work Completed Materials Total No. Value From Previous This Period Presently Completed (G / C) To Finish Application In Place Stored and Stored (D+E) To Date (Not in D or E) (D +E +F) 1 2006 Otsego Park Sites 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 1100 BEAUDRY MEADOWS PARK 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 1101 SURVEYING & STAKING 500.00 500.00 0.00 0.00 500.00 100.00% 0.00 25.00 1201 REM GRUB/ HAUL EXIST VEGE 2,700.00 2,700.00 0.00 0.00 2,700.00 100.00% 0.00 135.00 1202 REM & SALV 6' HIGH CHAIN 3,040.10 3,117.50 0.00 0.00 3,117.50 102.55% -77.40 155.88 1301 ON -SITE EARTHWORK 55,000.00 52,250.00 2,750.00 0.00 55,000.00 100.00% 0.00 2,750.00 1302 IMPORT /SPRD/ FINE GRAD 4" 38,680.60 0.00 0.00 0.00 0.00 0.00% 38,680.60 0.00 1303 F & I CL -2 RIP -RAP 6,500.00 6,500.00 0.00 0.00 6,500.00 100.00% 0.00 325.00 1304 F & 112" DEPTH SHRED MULCH 14,500.00 14,500.00 0.00 0.00 14,500.00 100.00% 0.00 725.00 1401 F & I BIT & GRAVEL - TRAILS 44,503.70 44,503.70 0.00 0.00 44,503.70 100.00% 0.00 2,225.19 1402 F & I BIT & GRAVEL - PARK LOTS 28,800.20 20,160.14 8,640.06 0.00 28,800.20 100.00% 0.00 1,440.01 1403 F & I B - 618 CURB - PARK LOT 5,738.50 7,348.50 0.00 0.00 7,348.50 128.06% - 1,610.00 367.43 1404 F & I BIT & GRAVEL - B -BALL CRT 14,898.75 14,898.75 0.00 0.00 14,898.75 100.00 % 0.00 744.94 1405 F & 1 4" CONCRETE PAVE 38,192.45 38,192.45 0.00 0.00 38,192.45 100.00% 0.00 1,909.62 1406 F & I INTEGRAL 6" x 18" CONCR 4,717.05 4,779.00 0.00 0.00 4,779.00 101.31% -61.95 238.95 1407 F & I TRUNCATED DOME 676.00 338.00 0.00 0.00 338.00 50.00% 338.00 16.90 1501 F & I BENCH 8,100.00 8,100.00 0.00 0.00 8,100.00 100.00% 0.00 405.00 1502 F & I PICNIC TABLE 6,600.00 6,600.00 0.00 0.00 6,600.00 100.00% 0.00 330.00 1503 F & I GRILL 1,000.00 1,000.00 0.00 0.00 1,000.00 100.00% 0.00 50.00 1504 F & I TRASH RECEPT 2,300.00 2,300.00 0.00 0.00 2,300.00 100.00% 0.00 115.00 1505 F & I BIKE RACK 750.00 750.00 0.00 0.00 750.00 100.00% 0.00 37.50 1506 F & IL 10' HIGH B -BALL GOAL 2,225.00 2,225.00 0.00 0.00 2,225.00 100.00% 0.00 111.25 1507 F & 1 8' HIGH B -BALL GOAL 2,225.00 2,225.00 0.00 0.00 2,225.00 100.00% 0.00 111.25 1508 F & I K -5 PLAY EQUIP /MATS 47,000.00 0.00 0.00 0.00 0.00 0.00% 47,000.00 0.00 1509 F & I PRE -K PLAY EQUIP /MATS 37,750.00 0.00 0.00 0.00 0.00 0.00% 37,750.00 0.00 1510 F & I BELT SWINGS /MATS 2,100.00 0.00 0.00 0.00 0.00 0.00% 2,100.00 0.00 1511 F & 1 20' X 24' PREFAB SHELTER 25,000.00 25,000.00 0.00 0.00 25,000.00 100.00% 0.00 1,250.00 1512 F & I SATELLITE ENCLOSURE 3,000.00 3,000.00 0.00 0.00 3,000.00 100.00% 0.00 150.00 1513 F & I TWO TENNIS CRTS 75,000.00 75,000.00 0.00 0.00 75,000.00 100.00% 0.00 3,750.00 1514 F & I TENNIS COURT BANG BRD 2,350.00 2,350.00 0.00 0.00 2,350.00 100.00% 0.00 117.50 1515 F & IL MOD BLOCK RETAIN WALL 10,175.00 10,175.00 851.00 0.00 11,026.00 108.36% - 851.00 551.30 1516 INSTALL 6' SALV CHAIN LINK 6,908.50 3,499.66 3,408.84 0.00 6,908.50 100.00% 0.00 345.43 t • CONTIN TION SHEET Page 3 of 8 Application No.: 8 Application and Certification for Payment, containing Application Application Date : 8/10/2007 Contractor's signed certification is attached. In tabulations below, amounts are stated to the nearest dollar. To: Use Column I on Contracts where variable retainage for line items may apply. Architect's Project No.: Invoice # : 1380A Contract : 62005- 2006 Otsego Park Sites A B C Balance D E F G H I et Retainage Item Description of Work Scheduled Work Completed Materials T otal No. Value From Previous This Period Presently Completed (G / C) To Finish (C -G) Application In Place Stored and Stored (D+E) To Date (Not in D or E) (D+E +F) 1517 F & I DRINKING FOUNTN 6,000.00 4,500.00 1,500.00 0.00 6,000.00 100.00% 0.00 300.00 1601 F & I SUB SURFACE 2,000.00 2,000.00 0.00 0.00 2,000.00 100.00% 0.00 100.00 6,630.00 6,630.00 0.00 0.00 6,630.00 100.00% 0.00 331.50 160 F & I DIA. PVC 0.00 0.00 837.50 50.00% 837.50 41.88 1603 3 F & I M MANHOLE 1,675.00 837.50 1604 F & I CATCH BASIN 1,750.00 1,750.00 0.00 0.00 1,750.00 100.00% 0.00 87.50 1605 INSTALL (2) ON SITE 5' DIA CUL 12,000.00 0.00 0.00 0.00 0.00 0.00% 12,000.00 0.00 1701 F & I SOD 5,082.00 0.00 5,082.00 0.00 5,082.00 100.00% 0.00 254.10 1702 F & I BLUE GRASS SEED MIX 5,440.00 0.00 5,440.00 0.00 5,440.00 100.00% 0.00 272.00 1703 F & I TYPE A SEED MIX STORM 440.00 0.00 440.00 0.00 440.00 100.00% 0.00 22.00 1704 F & I TYPE B SEED MIX STORM 1,100.00 0.00 1,100.00 0.00 1,100.00 100.00% 0.00 55.00 1705 F & I NO - MOW FINE FESCUE SEED 4,250.00 0.00 4,250.00 0.00 4,250.00 100.00% 0.00 212.50 1706 F & I AUTUMN BLAZE MAPLE 3,150.00 2,100.00 1,260.00 0.00 3,360.00 106.67% - 210.00 168.00 1707 F & I RIVER BIRCH 1,600.00 1,600.00 0.00 0.00 1,600.00 100.00 %; 0.00 80.00 1708 F & I COMMON HACKBERRY 630.00 630.00 0.00 0.00 630.00 100.00% 0.00 31.50 1709 F & I FALL GOLD ASH 705.00 705.00 0.00 0.00 705.00 100.00% 0.00 35.25 1710 F & I PATMORE ASH 2,220.00 2,220.00 0.00 0.00 2,220.00 100.00% 0.00 111.00 1711 F & I PRAIRIE FIRE CRAB 1,225.00 1,225.00 0.00 0.00 1,225.00 100.00% 0.00 61.25 1712 F & I SWAMP WHITE OAK 1,290.00 1,290.00 0.00 0.00 1,290.00 100.00% 0.00 64.50 1713 F & I HONEYLOCUST 860.00 860.00 0.00 0.00 860.00 100.00% 0.00 43.00 1714 F & I BLACK HILLS SPR 6' 800.00 800.00 0.00 0.00 800.00 100.00% 0.00 40.00 1715 F & I BLACK HILLS SPR 8' 1,200.00 1,200.00 0.00 0.00 1,200.00 100.00% 0.00 60.00 1716 F & I RED KNOME DOGWOOD 1,026.00 0.00 0.00 0.00 0.00 0.00% 1,026.00 0.00 1717 F & I NEON FLASH SPIREA 1,425.00 1,425.00 0.00 0.00 1,425.00 100.00% 0.00 71.25 1718 F & I GROW LOW SUMAC 3,500.00 3,535.00 0.00 0.00 3,535.00 101.00% -35.00 176.75 1719 F & I DWARF BUSH HONEYSU 540.00 540.00 0.00 0.00 540.00 100.00% 0.00 27.00 1720 F & I SCANDIA JUNIPER 1,102.00 0.00 696.00 0.00 696.00 63.16% 406.00 34.80 1721 F & I STELLA DE ORO DAYLILY 1,134.00 1,148.00 917.00 0.00 2,065.00 182.10% - 931.00 103.25 1722 F & I RUFFLED APRICOT DAYLILY 400.00 288.00 384.00 0.00 672.00 168.00% - 272.00 33.60 1723 F & I ROSY RETURNS DAYLILY 400.00 400.00 360.00 0.00 760.00 190.00% - 360.00 38.00 1801 IRRIGATION SYSTEM 27,000.00 18,800.00 8,200.00 0.00 27,000.00 100.00% 0.00 1,350.00 1901 F & I ELECTRICAL 1,350.00 1,350.00 0.00 0.00 1,350.00 100.00% 0.00 67.50 2100 OTSEGO PRESERVE PARK 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 CONTIN TION SHEET Page 4 of 8 Application No.: 8 Application and Certification for Payment, containing Contractor's signed certification is attached. Application Date : 8/10/2007 In tabulations below, amounts are stated to the nearest dollar. To: Use Column I on Contracts where variable retainage for line items may apply. Architect's Project No.: Invoice # : 1380A Contract : 62005- 2006 Otsego Park Sites A B C D E F G H I Item Description of Work Scheduled Work Completed Materials Total % Balance Retainage No. Value From Previous This Period Presently Completed (G / C) To Finish Application In Place Stored and Stored (C -G) (D+E) To Date (Not in D or E) (D+E +F) 2101 SURVEYING 500.00 500.00 0.00 0.00 500.00 100.00% 0.00 25.00 2201 REMOVE CONCRETE WALK 262.50 375.00 0.00 0.00 375.00 142.86% - 112.50 18.76 2202 REMOVE BITUMINOUS 272.00 288.00 0.00 0.00 288.00 105.88% -16.00 14.40 2203 REMOVE CONCR CURB & GUTTER 794.75 671.50 0.00 0.00 671.50 84.49% 123.25 33.58 2301 ON -SITE EARTHWORK 55,000.00 55,000.00 0.00 0.00 55,000.00 100.00% 0.00 2,750.00 2302 IMPORT /SPREAD /FINE GRADING 4" 29,800.00 2,100.00 0.00 0.00 2,100.00 7.05% 27,700.00 105.00 2303 F & 1 4" AG LIME INFIELD 6,500.00 6,500.00 0.00 0.00 6,500.00 100.00% 0.00 325.00 2304 FABRIC & CL -2 RIP -RAP AT PIPE 1,200.00 1,200.00 0.00 0.00 1,200.00 100.00% 0.00 60.00 2305 12" SHRED FIBER MULCH 14,500.00 14,500.00 0.00 0.00 14,500.00 100.00% 0.00 725.00 2401 BIT PAVE & GRAVEL- TRAILS 32,865.25 32,865.25 0.00 0.00 32,865.25 100.00% 0.00 1,643.26 2402 BIT PAVE & GRAVEL- PARK LOT 32,437.50 22,706.25 9,731.25 0.00 32,437.50 100.00% 0.00 1,621.87 2403 F & I B -618 CURB- PARK LOT 6,405.50 6,359.50 0.00 0.00 6,359.50 99.28% 46.00 317.98 2404 BIT PAVE & GRAVEL B -BALL 22,822.50 22,822.50 0.00 0.00 22,822.50 100.00 %; 0.00 1,141.13 2405 4" CONCR PAVE INCLUDES 33,577.65 34,241.65 0.00 0.00 34,241.65 101.98% - 664.00 1,712.08 2406 F & 1 6" CONCR PARK LOT 1,802.00 1,428.00 0.00 0.00 1,428.00 79.25% 374.00 71.40 2407 F & 1 6" CONCR MAINT STRIP 410.00 799.50 0.00 0.00 799.50 195.00% - 389.50 39.98 2408 F & 1 6" X 18" CONCR PLAY CONT 2,568.75 2,643.75 0.00 0.00 2,643.75 102.92% -75.00 132.19 2409 F & 1 6" X 18" INTEGRAL CONCR 4,451.55 4,593.15 0.00 0.00 4,593.15 103.18% - 141.60 229.66 2410 F & I TRUNCATED DOME PANELS 1,700.00 1,700.00 0.00 0.00 1,700.00 100.00% 0.00 85.00 2501 F & I BENCH 5,400.00 5,400.00 0.00 0.00 5,400.00 100.00% 0.00 270.00 2502 F & I TRASH RECEPT 2,300.00 2,300.00 0.00 0.00 2,300.00 100.00% 0.00 115.00 2503 F & I PICNIC TABLE 6,600.00 6,600.00 0.00 0.00 6,600.00 100.00% 0.00 330.00 2504 F & I GRILL 1,000.00 1,000.00 0.00 0.00 1,000.00 100.00% 0.00 50.00 2505 F & I PLAYERS BENCH /BLEACHER 5,300.00 5,300.00 0.00 0.00 5,300.00 100.00% 0.00 265.00 2506 F & I BIKE RACK 750.00 750.00 0.00 0.00 750.00 100.00% 0.00 37.50 2507 F & 110' B -BALL GOAL 4,450.00 4,450.00 0.00 0.00 4,450.00 100.00% 0.00 222.50 2508 F & 1 8' B -BALL GOAL 2,225.00 2,225.00 0.00 0.00 2,225.00 100.00% 0.00 111.25 2509 F & I K -5 PLAY EQUIP/WEAR MATS 48,500.00 0.00 0.00 0.00 0.00 0.00% 48,500.00 0.00 2510 F & I PRE -K PLAY EQUIP/WEAR 37,500.00 0.00 0.00 0.00 0.00 0.00% 37,500.00 0.00 2511 F & I SWINGS 2,100.00 0.00 0.00 0.00 0.00 0.00% 2,100.00 0.00 2512 F & 1 20' X 20' PREFAB SHELTER 28,000.00 28,000.00 0.00 0.00 28,000.00 100.00% 0.00 1,400.00 2513 F & I SATELLITE ENCLOSURE 3,000.00 3,000.00 0.00 0.00 3,000.00 100.00% 0.00 150.00 i • • CONTIN TION SHEET Page 5 of 8 Application and Certification for Payment, containing Application No.: 8 Contractor's signed certification is attached. Application Date : 8/10/2007 In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. To: Architect's Project No.: Invoice # : 1380A Contract : 62005- 2006 Otsego Park Sites A B C D E F G H I Item Description of Work Scheduled Work Completed Materials Total % Balance Retainage No. Value From Previous This Period Presently Completed (G / C) To Finish Application In Place Stored and Stored (C -G) (D +E) To Date (Not in D or E) (D +E +F) 2514 F & 110'x20'x10' BACK STOP 6,000.00 6,000.00 0.00 0.00 6,000.00 100.00% 0.00 300.00 2515 F & 18' CHAINLINK FENCE 1,650.00 1,650.00 0.00 0.00 1,650.00 100.00% 0.00 82.50 2516 F & I TENNIS COURT 10' HIGH 45,000.00 45,000.00 0.00 0.00 45,000.00 100.00% 0.00 2,250.00 2517 F & I TENNIS CRT BANG BRD 2,350.00 1,762.50 587.50 0.00 2,350.00 100.00% 0.00 117.50 2518 F & I DRINKING FOUNTAIN 8,500.00 6,375.00 2,125.00 0.00 8,500.00 100.00% 0.00 425.00 2601 F & I CATCH BASIN 1,750.00 1,750.00 0.00 0.00 1,750.00 100.00% 0.00 87.50 2602 F & 112" PVC PIPE 1,275.00 1,275.00 0.00 0.00 1,275.00 100.00% 0.00 63.75 2603 F & I PLAY CONT SUB SURF 5,000.00 5,000.00 0.00 0.00 5,000.00 100.00% 0.00 250.00 2701 SOD 5,082.00 0.00 0.00 0.00 0.00 0.00% 5,082.00 0.00 2702 F & I BLUE GRASS SEED MIX 6,080.00 4,560.00 1,520.00 0.00 6,080.00 100.00% 0.00 304.00 2703 F & I NO -MOW FINE FESCUE SEED 3,060.00 2,295.00 765.00 0.00 3,060.00 100.00% 0.00 153.00 2704 F & I AUTUMN BLAZE MAPLE 2,940.00 2,940.00 0.00 0.00 2,940.00 100.00% 0.00 147.00 2705 F & I RIVER BIRCH 960.00 960.00 0.00 0.00 960.00 100.00 %, 0.00 48.00 2706 F & I COMMON HACKBERRY 630.00 630.00 0.00 0.00 630.00 100.00% 0.00 31.50 2707 F & I FALL GOLD ASH 705.00 705.00 0.00 0.00 705.00 100.00% 0.00 35.25 2708 F & I PATMORE ASH 555.00 555.00 0.00 0.00 555.00 100.00% 0.00 27.75 2709 F & !SPRING SNOW CRAB 875.00 875.00 0.00 0.00 875.00 100.00% 0.00 43.75 2710 F & I SWAMP WHITE OAK 1,935.00 1,935.00 0.00 0.00 1,935.00 100.00% 0.00 96.75 2711 F & I HONEYLOCUST 645.00 645.00 0.00 0.00 645.00 100.00% 0.00 32.25 2712 F & I BLACK HILLS SPR -6' 1,200.00 1,200.00 0.00 0.00 1,200.00 100.00% 0.00 60.00 2713 F & I BLACK HILLS SPR -8' 1,500.00 1,500.00 0.00 0.00 1,500.00 100.00% 0.00 75.00 2714 F & I RED GNOME DOGWOOD 270.00 0.00 0.00 0.00 0.00 0.00% 270.00 0.00 2715 F & I NEON FLASH SPIREA 100.00 100.00 0.00 0.00 100.00 100.00% 0.00 5.00 2716 F & I STELLA DE ORO DAYLILY 224.00 0.00 0.00 0.00 0.00 0.00% 224.00 0.00 2717 F & I ROSY RETURNS DAYLILY 112.00 112.00 0.00 0.00 112.00 100.00% 0.00 5.60 2801 IRRIGATION SYSTEM 22,000.00 22,000.00 0.00 0.00 22,000.00 100.00% 0.00 1,100.00 2901 ELECTRICAL SYSTEM 1,350.00 1,350.00 0.00 0.00 1,350.00 100.00% 0.00 67.50 3100 KITTREDGE CROSSING PARK 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 3101 SURVEYING 500.00 500.00 0.00 0.00 500.00 100.00% 0.00 25.00 3201 REMOVE CONCRETE CURB 468.00 652.50 0.00 0.00 652.50 139.42% - 184.50 32.63 3301 ON -SITE EARTHWORK 49,000.00 49,000.00 0.00 0.00 49,000.00 100.00% 0.00 2,450.00 3302 IMPORT /SPREAD /FINE GRADE 14,900.00 0.00 0.00; 0.00 0.00 0.00% 14,900.00 0.00 h CONTIN TION SHEET Page 6 of 8 Application and Certification for Payment, containing Application No.: 8 Contractor's signed certification is attached. Application Date : 8/10/2007 In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. To: Architect's Project No.: Invoice # : 1380A Contract : 62005- 2006 Otsego Park Sites A B C D E F G H I Item Description of Work Scheduled Work Completed Materials Total 14 Balance Retainage No. Value From Previous This Period Presently Completed (G / C) To Finish Application In Place Stored and Stored (C -G) (D +E) To Date (Not in D or E) (D +E +F) 3303 F & 1 FABRIC & CL -2 RIP -RAP 1,200.00 0.00 1,200.00 0.00 1,200.00 100.00% 0.00 60.00 3304 F & 112" SHREDDED MULCH 14,500.00 14,500.00 0.00 0.00 14,500.00 100.00% 0.00 725.00 3401 BIT & GRAVEL - TRAILS 24,332.00 23,115.40 0.00 0.00 23,115.40 95.00% 1,216.60 1,155.77 3402 BIT & GRAVEL - PARKING LOT 28,914.00 28,914.00 0.00 0.00 28,914.00 100.00% 0.00 1,445.70 3403 B -618 CURB & GUTTER -PKG LOT 5,934.00 4,956.50 0.00 0.00 4,956.50 83.53% 977.50 247.83 3404 BIT & GRAVEL FOR B -BALL 18,054.00 18,054.00 0.00 0.00 18,054.00 100.00% 0.00 902.70 3405 F & 1 4" CONC. PAVING INCL 6" 40,910.70 41,802.95 0.00 0.00 41,802.95 102.18% - 892.25 2,090.15 3406 6" X 18" CONC. PLAY CONT CURB 4,743.75 4,537.50 0.00 0.00 4,537.50 95.65% 206.25 226.88 3407 6" X 18" INTEGRAL CONC PLAY C 3,363.00 4,301.10 0.00 0.00 4,301.10 127.89% - 938.10 215.06 3408 6" DEPTH CONC PAVE -PKG LOT 1,326.00 1,368.50 0.00 0.00 1,368.50 103.21% -42.50 68.43 3409 TRUNCATED DOME PANELS 1,690.00 1,690.00 0.00 0.00 1,690.00 100.00% 0.00 84.50 3501 F & I BENCH 9,450.00 9,450.00 0.00 0.00 9,450.00 100.00% 0.00 472.50 3502 F & I TRASH RECEPTACLE 2,300.00 2,300.00 0.00 0.00 2,300.00 100.00 %' 0.00 115.00 3503 F & I PICNIC TABLE 6,600.00 6,600.00 0.00 0.00 6,600.00 100.00% 0.00 330.00 3504 F & 1 GRILL 1,000.00 1,000.00 0.00 0.00 1,000.00 100.00% 0.00 50.00 3505 F & I BIKE RACK 750.00 750.00 0.00 0.00 750.00 100.00% 0.00 37.50 3506 F & 1 8' B -BALL GOAL 2,225.00 2,225.00 0.00 0.00 2,225.00 100.00% 0.00 111.25 3507 F & 110' B -BALL GOAL 2,225.00 2,225.00 0.00 0.00 2,225.00 100.00% 0.00 111.25 3508 F & I K -5 PLAY EQUIP/WEAR MATS 43,000.00 0.00 0.00 0.00 0.00 0.00% 43,000.00 0.00 3509 F &I PRE -K PLAY EQUIP 37,500.00 0.00 0.00 0.00 0.00 0.00% 37,500.00 0.00 3510 F & I SWINGS 2,100.00 0.00 0.00 0.00 0.00 0.00% 2,100.00 0.00 3511 F & 132' X 32' PREFAB SHELTER 48,000.00 48,000.00 0.00 0.00 48,000.00 100.00% 0.00 2,400.00 3512 F & I FIRE PIT 1,100.00 990.00 110.00 0.00 1,100.00 100.00% 0.00 55.00 3513 F & 1 SATELLITE ENCLOSURE 3,000.00 3,000.00 0.00 0.00 3,000.00 100.00% 0.00 150.00 3514 F & I TENNIS COURT 47,000.00 47,000.00 0.00 0.00 47,000.00 100.00% 0.00 2,350.00 3515 F & I TENNIS CRT BANG BOARD 2,350.00 1,762.50 587.50 0.00 2,350.00 100.00% 0.00 117.50 3516 F & 1 HORSESHOE CRTS (2) 3,600.00 3,240.00 360.00 0.00 3,600.00 100.00% 0.00 180.00 3517 F &I DRINKING FOUNTAINS 5,000.00 3,750.00 1,250.00 0.00 5,000.00 100.00% 0.00 250.00 3601 F & I PLAY CONT DRAIN SYS 4,500.00 4,500.00 0.00 0.00 4,500.00 100.00% 0.00 225.00 3701 SOD 5,082.00 0.00 5,082.00 0.00 5,082.00 100.00% 0.00 254.10 3702 F & I BLUE GRASS SEED MIX 2,400.00 1,800.00 600.00 0.00 2,400.00 100.00% 0.00 120.00 3703 F & 1 TYPE A SEED MIX 1,540.00 1,155.00 385.00• 0.00 1,540.00 100.00% 0.00 77.00 t CONTIN TION SHEET Page7of8 Application and Certification for Payment, containing Application No.: 8 Contractor's signed certification is attached. Application Date : 8/10/2007 In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. To. Architect's Project No.: Invoice # : 1380A Contract : 62005- 2006 Otsego Park Sites A B C D E F G H I Item Description of Work Scheduled Work etunpieted Materials Total % Balance Retainage No. Value From Previous This Period Presently Completed (G / C) To Finish Application In Place Stored and Stored (C -G) (D+E) To Date (Not in D or E) (D+E +F) 3704 F & I TYPE B SEED 880.00 0.00 880.00 0.00 880.00 100.00% 0.00 44.00 3705 F &I NO -MOW SEED MIX 1,190.00 0.00 1,190.00 0.00 1,190.00 100.00% 0.00 59.50 3706 F & I RIVER BIRCH 480.00 480.00 0.00 0.00 480.00 100.00% 0.00 24.00 3707 F & I COMMON HACKBERRY 1,470.00 1,470.00 0.00 0.00 1,470.00 100.00% 0.00 73.50 3708 F & I FALL GOLD ASH 1,645.00 1,645.00 0.00 0.00 1,645.00 100.00% 0.00 82.25 3709 F & I AUTUMN BLAZE MAPLE 1,680.00 1,680.00 0.00 0.00 1,680.00 100.00% 0.00 84.00 3710 F & I PATMORE ASH 2,035.00 2,035.00 0.00 0.00 2,035.00 100.00% 0.00 101.75 3711 F & I SWAMP WHITE OAK 1,505.00 1,505.00 0.00 0.00 1,505.00 100.00% 0.00 75.25 3712 F &I BLACK HILLS SPR- 6' 1,000.00 1,000.00 0.00 0.00 1,000.00 100.00% 0.00 50.00 3713 F & I BLACK HILLS SPR- 8' 1,200.00 1,200.00 0.00 0.00 1,200.00 100.00% 0.00 60.00 3714 F & I DWARF BUSH HONEYSUCKLE 175.00 175.00 0.00 0.00 175.00 100.00% 0.00 8.75 3715 F & I RED GNOME DOGWOOD 243.00 81.00 0.00 0.00 81.00 33.33% 162.00 4.05 3716 F & I NEON FLASH SPIREA 250.00 100.00 0.00 0.00 100.00 40.00 %' 150.00 5.00 3717 F &I STELLA DE ORO DAYLILY 336.00 231.00 0.00 0.00 231.00 68.75% 105.00 11.55 3718 F & 1 ROSY RETURNS DAYLILY 112.00 0.00 0.00 0.00 0.00 0.00% 112.00 0.00 3801 F & I IRRIGATION SYSTEM 28,000.00 28,000.00 0.00 0.00 28,000.00 100.00% 0.00 1,400.00 3901 ELECTRICAL SYSTEM 2,700.00 2,700.00 0.00 0.00 2,700.00 100.00% 0.00 135.00 5000 CO#1 Beaudry Imp /Sprd /Fine Grade 4" - 36,720.60 0.00 0.00 0.00 0.00 0.00% - 36,720.60 0.00 5001 CO #1 Beaudry Delete K -5 Play /Mats - 47,000.00 0.00 0.00 0.00 0.00 0.00% - 47,000.00 0.00 5002 CO #1 Beaudry Delete Pre -K Play /Mats - 37,750.00 0.00 0.00 0.00 0.00 0.00% - 37,750.00 0.00 5003 CO#1 Beaudry Delete Belt Swings /Mats - 2,100.00 0.00 0.00 0.00 0.00 0.00% - 2,100.00 0.00 5004 CO #1 Beaudry SaIv /Reinstall Chain Link 1,960.00 1,996.40 0.00 0.00 1,996.40 101.86% -36.40 99.82 5005 CO#1 Beaudry F &I Irrigation System 9,026.33 9,026.33 0.00 0.00 9,026.33 100.00% 0.00 451.32 5006 CO #1 Otsego Delete K -5 Play /Mats - 48,500.00 0.00 0.00 0.00 0.00 0.00% - 48,500.00 0.00 5007 CO#1 Otsego Delete Pre -K Play /Mats - 37,500.00 0.00 0.00 0.00 0.00 0.00% - 37,500.00 0.00 5008 CO #1 Otsego Delete Belt Swings /Mats - 2,100.00 0.00 0.00 0.00 0.00 0.00% - 2,100.00 0.00 5009 CO #1 Otsego F &I Irrigation System 14,467.34 14,467.34 0.00 0.00 14,467.34 100.00% 0.00 723.37 5010 CO#1 Kittredge Delete Imp /Sprd 4" - 14,900.00 0.00 0.00 0.00 0.00 0.00% - 14,900.00 0.00 5011 CO#1 Kittredge Delete K -5 Play /Mats - 43,000.00 0.00 0.00 0.00 0.00 0.00% - 43,000.00 0.00 5012 CO#1 Kittredge Delete Pre -K Play /Mats - 37,500.00 0.00 0.00 0.00 0.00 0.00% - 37,500.00 0.00 5013 CO #1 Kittredge Delete Belt - 2,100.00 0.00 0.00 0.00 0.00 0.00% - 2,100.00 0.00 5014 CO #1 Kittredge F &I Irrigation System - 755.75 - 755.75 0.00. Q.00 - 755.75 100.00% 0.00 -37.79 t 1 CONTIN TION SHEET Page 8 of Application and Certification for Payment, containing Application No.: 8 Contractor's signed certification is attached. Application Date : 8/10/2007 In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. To: Architect's Project No.: Invoice # : 1380A Contract : 62005- 2006 Otsego Park Sites A B C D E F G II I Item Description of Work Scheduled Work Cimupleted Materials Total % Balance Retainage No. Value From Previous This Period Presently Completed (G / C) To Finish Application In Place Stored and Stored (C -G) (D+E) To Date (Not in D or E) (D+E +F) 5015 CO #2 - Force Main Manhole 2,100.00 2,100.00 0.00 0.00 2,100.00 100.00% 0.00 105.00 5016 CO #3 - Deduct and install manholes - 1,675.00 0.00 0.00 0.00 0.00 0.00% - 1,675.00 0.00 5017 CO #3 - Deduct 5' culvert pipes - 12,000.00 0.00 0.00 0.00 0.00 0.00% - 12,000.00 0.00 5018 CO #3 - 4" HDPE water service 8,500.00 8,500.00 0.00 0.00 8,500.00 100.00% 0.00 425.00 5019 CO #3 - Patching Roadway 1,400.00 1,400.00 0.00 0.00 1,400.00 100.00% 0.00 70.00 5020 CO #3 - Aditional Grading 3,570.75 3,570.75 0.00 0.00 3,570.75 100.00% 0.00 178.54 5021 CO #3 - Type 1 Seeing 2,106.00 1,579.50 526.50 0.00 2,106.00 100.00% 0.00 105.30 5022 CO #3 - Type 2 Seeding 1,005.00 753.75 251.25 0.00 1,005.00 100.00% 0.00 50.25 5023 Extra: Water Hoopkup - Beaudry 12,150.00 0.00 12,150.00 0.00 12,150.00 100.00% 0.00 607.50 5024 Extra: Extra Footage to Transformers 995.52 0.00 995.52 0.00 995.52 100.00% 0.00 49.78 5025 Extra: Grading 4/16/07 letter 3252.00 0.00 0.00 0.00 0.00 0.00% 3,252.00 0.00 5026 Extra: Prep Erodable Area for Seed 2861.20 0.00 0.00 0.00 0.00 0.00% 2,861.20 0.00 5027 Extra: Add for Sizing Pipe 566.95 0.00 0.00 0.00 0.00 0.00 %' 566.95 0.00 I w h Grand Totals 1,331,415.99 1,300,513.09 85,575.42 0.00 1,292,995.44 97.11% 38,420.55 64,649.86 ITEM 5_7 PAY ESTIMATE #2 Engineer CITY OF OTSEGO Otsego Creek North Drainage Improvements improvement Project No. 07-08 October 16, 2007 Honorable Mayor & City Counc9 City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 RE: Otsego Creek Noilh Drainage Improvements Contractor. Kotita Excavating Contract Arnow* $70.005.77 Award Date: September 4.2007 Completion Dade: November 1.2007 Dear Honorable Mayor and Council Members: The tolowing work has been completed on the project by Kotila Excavating. Bid Schedule -A- [TEN ESTIMATED CONTRACT LILT USED TO NO. ITEM DESCRIPTION QUANTITY UNIT PRICE CONTRACT MOUNT DATE EXTEN$ON 1 Mobilization 1 LS *1.500.00 $ 1.500.00 0.9 * 1.350.00 2 Remove Bituminous Pavement 273 SY *3.75 $ 1.023.75 280 $ 1.050.00 3 Sawing Bituminous Pavement (Full Depth) 157 LF *5.00 $ 785.00 174 $ 870.00 4 Salvage Vinyl Fans 40 LF *4.00 $ 180.00 16 $ 84.00 5 SsM88 Electric Fence 40 LF *4.00 $ 180.00 $ - 8 gammon Excavelion (P) 300 CY *8.50 * 1.950.00 698 * 4.537.00 7 Granular Borrow (CV) 125 CY *15,00 $ 1.875.00 165 $ 2475.00 8 Dswatering 1 - LS *200.00 * 200.00 1 * 200.00 9 Hats and Sbdrpie Excess Maeda a (SV) 300 I CY *10.00 * 3.000.00 898 $ 6.980.00 10 Aggregate Base Class 5 (Driveway) 30 TON • *18.00 $ 540.00 30 $ 540.00 11 Aggregate Base Class 5 140 TON *15.00 $ 2.100.00 140 $ 2,100.00 12 Bituminous Patch Serial 1 160 SY $8.00 $ 1.260.00 $ - 13 Bituminous Patch Special 2 91 $Y *8.00 It 728.00 $ - • 14 Numinous Patch Specid 3 22 SY *8.00 $ 178.00 $ - • 15 38' RC Pipe Apron 6 EACH *866.00 $ 5,196.00 8 $ 5.188.00 • 18 42' RC Pipe Apron 6 EACH *1.033.34 $ 8.200.04 6 $ 8.200.04 17 36' RC Pipe Culvert Design 3006 CL 111 128 LF *6232 * 11,818.96 128 $ 11,818.96 18 42' RC Pipe Culvert Design 3008 CL III 144 LF *136.00 * 20.018.00 152 $ 21,128.00 19 Random Riprap Class 111 120.3 CY *53.40 $ 8,424.02 105 $ 5,580.30 20 Traffic Control 1 LS *2.000.00 $ 2.000.00 0.75 $ 1.500.00 21 Sit Fence. Type MaeWne Sliced 680 LF *1.50 $ 1.035.00 660 $ 990.00 22 Erosion Control Blankets Ca teoory 2 400 I SY *1.00 $ 400.00 3.200 $ 3.200.00 23 Tw( Establishment 6 EACH $200.00 * 1.200.00 6 $ 1.200.00 24 4' Double Soid Line Yellow - Epoxy M LF *4.00 I 240.00 $ - Total Bid Schedule "11" $ 7I IS .77 $ 78.477.38 Bid ScheduN - B - - Reid Mod tcatIan 01 rrEM ESTIMATED CONTRACT USED TO NO. ITEM DE110N IN QUANTITY LT PRICE CONTRACT AMOUNT DATE EXTENSION 1 Cleat's' and Grubbing Trees 35 EACH *110.00 $ - 41 $ 4.510.00 Total and Schedule - B - $ - $ 4.810..00 SAMunicipalIAOTSEG014291Pay EsimsNe10429PE PE -1 PAY ESTIMATE #2 Engineer CITY OF OTSEGO Otsego Creek North Drainage Improvements Improvement Project No. 07 -08 Bid Schedule "A" $ 70,005.77 $ 76,977.30 Bid Schedule "B" $ - $ 4,510.00 TOTAL $ 81,487.30 Total Work Completed to Date $ 81,487.30 LESS 5% RETAINAGE: $ 4,074.37 LESS PAY ESTIMATE #1: $ 34,734.80 WE RECOMMEND PAYMENT OF: $ 42,678.13 APPROVALS: CONTRACTOR: KOTILA EXCAVATING Certficat on by contractor: I certify tha II itmms and amounts are correct for the work completed to date. Signed: Title: A,/ V1 f Date /0 / 7 -0 - ENGINEER: HAKANSON ANDER ASSOCIATES, INC. Certification b Engineer: We rec mend payment for work and quantities as shown. Signer • Title: . J1 _ Date /b / //J OWNER: CITY OF OTSEGO - Signed: Title: Date S: MunieipaMOTSEGO4429kPay Estimatesbt429PE PE - 2 ITEM 5.8 Pay Estimate #3 City of Otsego Improvement Project 06 -03 Trunk Sanitary Sewer and Watermain along T.H. 101 and C.S.A.H. No. 42 October 17, 2007 Honorable Mayor & City Council City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 RE: TRUNK SANITATY SEWER AND WATERMNN, IMPROVEMENT PROJECT NO. 06-03 Contractor: Burschvitle Construction, Inc. Contract Amount: *878,978.00 Award Date: May 24, 2006 Substantial Completion Date: August 4, 2006 Dear Councl Members: The following work has been completed on the above - referenced project: Bid Schedule "A" -Site Work Estimated Contract Contract Used to item No. Description quantity Unit Price Amount Data Extension 1 Mobilization 1 LS 515,000.00 $15,000.00 1 *15,000.00 2 Clearing and Combing 0.4 ACRE $14.000.00 $5,600.00 0.9 $12,800.00 3 Sawcut Bituminous Pavement (Full Depth) . 75 LF $3.50 $262.50 65 $227.50 4 Sawcut Concrete Pavement (Full Depth) 50 LF $6.00 *300.00 50 *300.00 5 Salvage and Replace Gravel Driveway 191 SY *15.00 *2.865.00 191 *2,865.00 6 Remove Situmin ous Pavement 150 SY *3.50 $525.00 155 $542.50 7 Remove Concrete Pavement 115 SY 58.00 $920.00 115 *920.00 8 Remove Existing Culvert 100 LF *15.00 $1,500.00 128 $1,920.00 9 Remove Existing 6" Sanitary Sewer Pipe 560 ' LF , $15.06 $8,400.00 660 *9,900.00 10 Remove Existin% Sanitary Manhole 3 EA $500.00 $1,500.00 3 *1.500.00 11 Aggregate Base Class 5 100% Crushed 180 TON *15.00 $2,700.00 196.44 *2,946.60 12 Type LV 4 Wearing Course Mixture (9) 38 TON *125.00 $4,750.00 47.1 $5,887.50 13 Replace Concrete Pavement (6" Depth) 115 SY $52.00 $5,980.00 115 $5,980.00 Total Bid Schedule " $50.302.50 $60.589.10 Bid Schedule "B" - Sanitary Sewer Item Estimated Contract Contract Used to No. Description Quantity Unit Price Amount Date Extension 1 8" PVC Sanitary Sewer Pipe - SDR 35 (0' -10' Depth) 75 LF $69.50 $5,212.50 ' 50 *3475.00 2 12" PVC Sanitary Sewer Pipe - SDR 35 (10 -12' Depth) 518 LF *74.50 $38.591.00 603 $44,92&50 3 12" PVC Sanitary Sewer Pipe - SDR 35 (12 -14' Depth) 515 LF *77.50 *39.912.50 515 $39,912.50 4 12" PVC Sanitary Sewer Pipe - SDR 35 (14 =16' Depth) 210 LF $80.50 *16,905.00 230 *18,515.00 5 12" PVC Sanitary Sewer Pipe - SDR 35 (16' -18' Depth) 853 LF $83.50 $71,225.50 , 848 $70,808.00 6 12" DIP Sanitary Sewer Pipe - CL 50 (0'40' Depth) 79 LF $85.50 *6.754.50 79 $6,754.50 7 1? DIP Sanitary Sewer Pipe - 01 50 (10' -12 Depth) 262 LF $88.50 *23,187.00 268 *23,718.00 8 12' DIP Sanitary Sewer Pipe - CL 50 (12 -14' Depth) 408 LF $91.50 $37,332.00 461 $42,181.50 9 12" DIP Sanitary Sewer Pipe - CL 50 (14' -16' Depth) 550 LF $94.50 $51,975.00 601 $56,794.50 10 12" DIP Sanitary Sewer Pipe - CL 50 (16' -18' Depth) 814 LF *97.50 $79,365.00 814 *79,365.00 11 12" DIP Sanitary Sewer Pipe - CL 50 18'-26' Depth) 213 LF *100.50 $21.406.50 213 *21.406.50 12 Standard 48" Diameter Manhole (0'-8' Depth) 16 EA $3,375.00 $54,000.00 17 $57,375.00 13 48" Drop Manhole (0-8') 2 EA $1,000.00 $2,000.00 2 $2,000.00 14 Extra Depth Manhole 115.5 ' VF 4230.00 $26,585.00 112 *25,760.00 15 Extra Depth of Outside Drop Over 2' 8 VF $130.00 *1,040.00 7.95 - $1,033.50 16 6" PVC Riser Pipe - SDR 26 6 VF *20.00 *120.00 6 *120.00 17 6" PVC Service Pipe - SDR 26 (AI Depths) 205 LF $16.00 $3,280. _ 204 $3,264.00 (Continued on Next Page) Pay Estimate #3 City of Otsego Improvement Project 06 -03 Trunk Sanitary Sewer and Watermain along T.H. 101 and C.S.A.H. No. 42 Bid Schedule *13" - Sanitary Sewer(Continued) Item Estimated Contract Contract Used to No. Description Quantity Unit Price Amount Date Extension 18 6" Service Connection to Existing Home Service 2 EA $750.00 $1,500.00 1 $750.00 19 6" Cleanout 3 EA $150.00 $450.00 4 $600.00 20 12 "x6" DIP Service Wye 1 EA $500.00 $500.00 1 $500.00 21 Type I Connection to Existing Sanitary Sewer - Typical 4 EA $1,000.00 $4,000.00 3 $3,000.00 Connection to a Stub or Manhole 22 Type II Connection to Existing Sanitary Sewer - core new 1 EA $2,000.00 $2,000.00 3 $6,000.00 invert into existing manhole, connect to live line 23 Package - Sanitary Sewer Flow Metering Station 1 LS $20,500.00 $20,500.00 1 $20,500.00 24 Installation and Removal of Temporary 6" Bypass Line and 1 LS $13,500.00 $13,500.00 0.9 $12,150.00 Connections 25 Televise Sanitary Sewer 4497 LF $1.00 $4,497.00 4764 $4,764.00 Total Bid Schedule "B" $525,818.50 $545,670.50 Bid Schedule ''C" - Watermain Item Estimated Contract Contract Used to No. Description Quantity Unit Price Amount Date Extension 1 6" Ductile Iron Pipe - Class 52 (AII Depths) 200 LF $22.00 $4,400.00 93 $2,046.00 2 8" Ductile Iron Pipe - Class 52 (All Depths) 30 LF $26.00 $780.00 73 $1,898.00 3 12" Ductile Iron Pipe - Class 52 (All Depths) 5200 LF $37.50 $195,000.00 5363 • $201,112.50 4 6" Gate Valve 4 EA $775.00 $3,100.00 4 $3,100.00 5 8" Gate Valve 4 EA $1,000.00 $4,000.00 4 $4,000.00 6 12" Butterfly Valve 11 EA $1,400.00 $15,400.00 10 , $14,000.00 7 Hydrant 8 EA $2,200.00 $17,600.00 8 $17,600.00 8 DIP Fittings 2450 LBS $3.10 $7,595.00 2330 $7,223.00 9 Type 1 Connection to Existing Watermain - Typical 5 EA $1,000.00 $5,000.00 6 $6,000.00. Connection to a Stub, Tee, Etc. • Total Bid Schedule "C" $252,875.00 $256,979.50 • Bid Schedule "D" - Storm Sewer Item Estimated Contract Contract Used to No. Description Quantity Unit Price Amount Date Extension 1 18" RC Pipe Apron 4 EA $418.00 $1,672.00 3 $1,254.00 2 18" RC Pipe Sewer Design 3006 CL III (All Depths) 1200 LF $32.00 $38,400.00 1197 $38,304.00 3 Construct Drainage Structure Design 48" 4020 5 EA $1,850.00 10 0 $ ,250. 0 1 5 $1,961.30 4 4 Rand RipRap Class III Total Bid Schedule "D" $49,982.00 $50,769.30 Change Order No. 1 item Estimated Contract Contract Used to No. Description Quantity Unit Price Amount Date Extension 1 Silt Fence 3300 LF $3.00 $9,900.00 2929 $8,787.00 2 10" PVC Sanitary Sewer Pipe - SDR 35 (10' -12') 28 LF $72.50 $2,030.00 28 $2,030.00 3 Rernanufacture MH -21 base to accommodate 10" PVC 1 EA $1,052.90 $1,052.90 1 $1,052.90 Total Change Order No. 1 $1� $11,869.90 Pay Estimate #3 City of Otsego Improvement Project 06 -03 Trunk Sanitary Sewer and Watermain along T.H. 101 and C.S.A.H. No. 42 SUMMARY OF BIDDING $60,589.10 $$50,3 Bid Schedule "A" - Site Work $50,302.50 Bid Schedule "B" - Sanitary Sewer $252,875.00 $256,979.50 $545,670.50 Bid Schedule "C" - Watermain 8.50 Bid Schedule "D" - Storm Sewer $49,982.00 $50,769.30 Change Order No. 1 $12,982.90 $1186990 TOTAL ALL BID SCHEDULES $891,960.90 $925,878.30 TOTAL WORK COMPLETED TO -DATE $925,878.30 $9,258.78 LESS 1% RETAINAGE $2$9,258.78 LESS PAY ESTIMATE NO. 1 $555,730.53 LESS PAY ESTIMATE NO. 2 $8, f WE RECOMMEND PAYMENT OF: APPROVALS: CONTRACTOR: Burschville Construction, Inc. Certification by Contractor: I certify that all Items and amounts are correct for the work completed to date. Signed: 'i ! �L 0 .��,> <1:�..J - Title: l r _111 Date: 10-.11-ol ENGINEER: Certification by Engineer: We recommend payment for work and quantities as shown. HAKANSON ANDERSON AS OCIA S, INC. Signed: - . > • Title: C- ry ! rd : / Date: /U d OWNER: CITY OF OTSEGO Signed: Title: Date: ITEM 5 -9 PAY ESTIMATE #2 Owner CITY OF OTSEGO Quantrelie Avenue Improvements; 88th Street Improvements October 15. 2007 Honorable Mayor & City Council City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 RE: Quar a Avenue improvements; 88th Street troprovements Contractor. Northdale Cordon Company, Inc. Contract Amount 1509,516.87 Award Dates July 17, 2007 Completion Dads: June 15, 2008 Dear Honorable May and Council Members: The foNowing work has been completed eted on the above-referenced project by Not hda to Construes Company, Inc. Bid Schsduls - Qranbe8e Avenue and 8WM Street ITEM ESTIMATED CONTRACT UNIT USED TO NO. ITEM DESCRIPTION QUANTITY MIT PRICE CONTRACT AMOUNT DATE EXTENSION 1 MOBILIZATION 1 LS 89.770.00 $ 9370.00 1 $ 9.770.00 2 TREE 'MIMING 8 EA $85.00 $ 660.00 4 $ 340.00 3 PAVEMENT MARKING REMOVAL - PERMANENT 110 LF 51.03 $ 113.30 $ - 4 REMOVE CLAMS AND GUTTER 85 EA 12.75 $ 233.75 $ - 5 COMMON EXCAVATION IV) 370 CY $3.36 $ 1239.50 $ - 6 COMMON BORROW (CV) 1.881 CY 15.95 $ 9.862,95 $ - 7 AGGREGATE SASE. CLASS 5 (100% CIMJSHED) 2.192 TON 113.00 $ 2E496.00 1.551.96 $ 20.305.74 8 ,TYPE LV4 WEARING COURSE MIXTURE (B) 360 TON $51.25 $ 18.450.00 $ - 9 TYPE MV3 NON WEARING COURSE MOCTUK OR 569 TON 147.15 $ 26,928.35 $ - 10 TYPE MV4 WEARING COURSE MIXTURE (C) 450 TON $52.79 $ 23.75580 $ - 11 BITUNNOuS MATERIAL FOR TACK COAT 208 GAL $220 $ 457.60 _ $ - 12 317 PIPE APRON 1 EA $1.025.87 $ 1.05.67 1 $ 1.025.87 13 CQNNRCT 94TO DRAINAGE STSUCTtF(E 1 EA $500.00 $ 500.00 1 $ 500.00 14 tr RC PIPE SEWER. DESIGN 3005 CL V 66 LF $22.193 1,464.54 , 64 $ 1.420.18 15 1r RC PIPE SEWER, DESIGN 3006 CL V 303 LF 523.16 $ 7.017.48 303 5 7,017.48 16 it RC PIPE SEWER. DESIGN 3006 CL V 32 LF $25.45 $ 814.40 32 $ 814.40 17 24 RC PIPE SEWER, DESIGN 3006 CL 111 364 LF 529.20 $ 10.628.80 328 $ 9.577.60 18 30' RC PIPE SEWER, DESIGN 3008 CL M 293 LF $39.54 $ 11.595.22 293 $ 11,585.22 19 3r RC PIPE SEWER. DEIGN 3005 CL N 278 LF 24.96 $ 15.264.44 278 $ 15.284.44 20 42 RC PIPE SEWER. DESIGN 3008 CL N 279 LF *2.72 $ 19.172.88 218 $ 19.104.18 21 C MECTTO EXISTING SANITARY SEWER 2 EA 11.750.00 $ 3.500.00 A 1 8.500.00 22 r PVC PIPE SANITARY SEINER SOR 35 t0 DEP1141 291 LF 815.82 1 4.600.62 522 $ 8228.40 23 r PVC PIPE SANITARY SEWER SOR 35 (10 =12' DEPTH) 806 LF $15.82 $ 12750.92 607 $ 9.802.74 24 Y Pvc PIPE SANITARY SEWER SDR 26 (2224 DEPTH) 275 LF $83.85 $ 23.003.75 256 8 21,414.40 25 Sr'PVC SCH 40 SERVICE PIPE 211 LF 117.20 $ 3,629.20 142 $ 2.44240 26 STANDARD 48 SANITARY SEWER M'I 57-81 8 EA $2.176.30 $ 17.410.40 8 $ 17.410.40 27 EXTRA DEPTH MANHOLE 56.5 VF 1153.00 $ 8.644.50 55.20 5 8.598.60 28 DROP CONNECTION (0' -2' DEPTH) 1 EA 1150.00 $ 850.00 1 $ 850•00 29 EXTRA DEPTH DROP CONNECTION (OVER 2') 10 VF *91,50 $ 965.00 9.5 $ 935.75 30 TaEVISE SANITARY SEWER 1.364 LF $0.71 $ 962.64 5 - 31 SEWER TEST 2 LS $100.00 $ 200.00 * - 32 ADJUST VALVE BOX 3 EA *136.00 $ 40 $ - 33 CONNECT TO EXISTING WATERMAN 3 EA $450.00 $ 1,35000 2 5 900.00 34 HYDRANT WITH GAPE VALVE AM) BOX 9 EA $3,118.52 1 28018.89 5 $ 15,582.60 35 r GATE VALVE VMBOXX 11 EA *860.29 $ 9.683.19 6 $ 5.281.74 36 8' GATE VALVE WIBOX 3 EA 11.133.12 1 3299.36 3 $ 3,399.36 37 12' BUTTERFLY VALVE VNBOX 3 EA $1.276.04 $ 3.02.12 1 $ 1.27004 38 RELOCATE HYDRANT AND VALVE 3 EA $785.10 $ 2.355.30 2 $ 1,570.20 39 5' WATERMAN DUGTR.E IRON CI 52 380 LF _ 119.97 $ 7.518.80 169 $ 3.374.93 40 r WATERMAN DUCTILE IRON CL 52 961 LF $23.07 $ 22.170.27 946 5 21.824.22 41 tr WATERMANN DUCTILE IRON CI, 52 2.135 LF $31.73 $ 67.743.55 581 $ 18,435.13 42 WATE RMAN FITTINGS 3.852 LOS *3.94 $ 15.17688 1.452 $ 6.720.88 PE -1 PAY ESTIMATE #2 Owner CITY OF OTSEGO Quantrelle Avenue Improvements; 88th Street Improvements Bid Schedule "A" • Quantrelle Avenue and 88th Street - Continued ITEM ESTIMATED CONTRACT UNIT USED TO NO. ITEM DESCRIPTION QUANTITY UNIT PRICE CONTRACT AMOUNT DATE EXTENSION 43 CONSTRUCT DRAINAGE STRUCTURE, DESIGN 4020 - 48" 6 EA $1,333.00 $ 7,998.00 1 $ 1,333.00 44 CONSTRUCT DRAINAGE STRUCTURE, DESIGN 4020 - 54" 2 EA $1,863.00 $ 3,726.00 1 $ 1,863.00 45 CONSTRUCT DRAINAGE STRUCTURE, DESIGN 4020 - 60" 1 EA $2,533.00 $ 2,533.00 2 $ 5,066.00 46 CONSTRUCT DRAINAGE STRUCTURE, DESIGN 4020 - 66" 1 EA $2,683.00 $ 2,683.00 $ - 47 CONSTRUCT DRAINAGE STRUCTURE, DESIGN 4020 - 72" 1 EA $3,295.00 $ 3,295.00 2 $ 6,590.00 48 CONSTRUCT DRAINAGE STRUCTURE, DESIGN 4020 - 84" 3 EA $4.473.00 $ 13,419.00 3 $ 13,419.00 49 ADJUST FRAME AND RING CASTING 4.0 EA $175.00 3 700.00 $ - 50 RANDOM RIPRAP, CLASS III 13.8 CY 398.50 $ 1,359.30 $ - 51 GRANULAR FILTER MATERIAL 7 CY $20.00 3 140.00 $ - 52 CONCRETE CURB AND GUTTER DESIGN B618 2,272 LF $9.58 $ 21,765.78 3 - 53 6" CONCRETE VALLEY GUTTER 270 SY $37.41 $ 10.100.70 $ - 54 RELOCATE FENCE 100 LF 86.50 $ 650.00 $ - 55 TYPE III BARRICADES 2 EA $271.63 $ 543.26 $ - 56 SIGN PANELS TYPE C 35.375 SF $29.21 $ 1,033.30 $ 57 SILT FENCE TYPE MACHINE SLICED 4250 LF $1.71 $ 7,287.50 2,700 $ 4,617.00 58 INLET PROTECTION 10 EA $55.00 $ 550.00 $ 59 TEMPORARY ROCK CONSTRUCTION ENTRANCES 2 EA $750.00 $ 1,500.00 $ - 60 SEED MIXTURE 260 254 LB $3.70 $ 939.80 $ - 61 MULCH MATERIAL TYPE 1 5 TON $279.52 $ 1,397.60 $ - 62 FERTILIZER 'TYPE 1 762 LB $0.31 $ 236.22 $ - 63 PAVEMENT MESSAGE (RT ARROW) - EPDXY 2 EA $128.13 $ 25626 $ - 64 PAVEMENT MESSAGE (ONLY) - EPDXY 2 EA $179.38 $ 358.76 3 65 4" SOLID LINE WHITE - EPDXY 411 LF $2.05 3 842.55 $ - 66 4" DOUBLE SOLID LINE YELLOW -PAINT 250 LF 82.05 $ 512.50 3 - Total Bid Schedule "A" $ 509,518.87 $ 279,978.66 • Bid Schedule "A" $ 509,516.87 $ 279,978.66 TOTAL $ 279,978.66 Total Work Completed to Date . $ 279,978.66 LESS 5% RETAINAGE: - $ 13,998.93 LESS PAY ESTIMATE #1: $ 179,577.52 WE RECOMMEND PAYMENT OF: $ 86'402.21 APPROVALS: CONTRACTOR: NORTHDALE CONSTRUCTION COMPANY, INC. Certification by Contractor. I certify that all items and amounts are correct for the work completed to date. ��yi Signe Title: a -S Date t (S. ENGINEER: HAKANSON ANDERSON ASSOCIATES, INC. Certification by Engineer. We , ..rmend payment for work and quantities as shown. Signed: /� -^- Title: - a .. C / Date / APb 7 OWNER: CITY OF OTSEGO Signed: Title: Date S:1MunidpaMWOTSEGOL375\Pay Estimates OT375PE PE ITEM 6 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION 2007 - 4-3 ADOPTING ASSESSMENT FOR UNPAID SERVICE CHARGES, UNPAID DEVELOPMENT ESCROW ACCOUNTS, MOWING OF NOXIOUS AND OTHER WEEDS AND GRASS WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for unpaid service charges, unpaid development escrow accounts, and mowing of noxious and other weeds and grass in the City of Otsego. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO, MINNESOTA: 1. Such proposed went, a copy of which is wed hereto and made a part hereof is hereby accepted and shall constitute the special assessment against the lands named therein. 2. Such assessment shall be payable in equal installments extending over a period of (1) year, and shall bear interest at the rate of _ Percent (_ %) per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2008. 3. The owner of any property so assessed may, at any time prior to won of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City of Otsego, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution. The property owner may at any time thereafter, pay to the City of Otsego the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Sudi payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. 4. The Otsego City Cleric shall forthwith transmit a certified duplicate of this assessment to the Wright County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the sane manner as other municipal taxes. 1 Motion for adoption of resolution by , seconded by at the meeting of the Otsego City Council on the 15th day of October, 2007. IN FAVOR: OPPOSED: Cff Y OF OTSEGO Larry Fournier, Mayor Judy Hudson, City Clerk 2 lut i ?F LOYJ( lb: IiJ b51- 462 -6811 KNISLEY CONSTRUCTION PAGE 62 October 17, 2007 To: City of Otsego 8899 Nashua Ave NE Otsego, MN 55330 From: Knisley Construction, Inc 23250 Sunset Rd NE East Bethel, MN 55005 AFFADAVIT OF WORK COMPLETED 1, Gary J. Knisley, president of Knisley Construction, Inc. hereby do swear that I personally mowed the weeds on the following lots: 93.23 Kagan Ave 9029 Kaeding Ave 9250 Kaeding Ave The weeds were mowed sometime after we received your letter dated July 12, 2007 and before July 31, 2007 ) Gary J. Knisley, Pres Date Knisley Construction, Inc Gary J. Knisley, president of Knisley Construction, Inc. subscribed and sworn to before me this 17 day of October, 2007 • 1 11 ) , a: L , _ REBECCA ANN KNISLEY � ' NOTARY PUBLIC - MINESOTA lAy Commission Expires 31,201 /6-6-6/1 101,6 o ; from: eiNtsc- Con54-Nok 6 71, } We. do no-( 6),3 rep uJ i 4. -i-h& cc 66eas n 1 e t5 / Haul' ul t03 kajtA Aoe q 601 1'aed i h 4 136 y � ht6e, icri ptisumcij m a wed- h `' Gctxj p n 1 vj° n f5411L 16n� ) „3,sv Ted 1U E.,6( 8thd, 18110 /an:: ',Iree[ Invoice 1;1k It ker. IN 55330 WORKS Phone: 763-262-7-158 Date Invoice # 1 NIC . Fax: 763-712-1851 7/31/2007 6856 Bill To Knisley Construction Inc. 23250 Sunset Road NE East Bethel, MN 55005 P.O. No. Terms Project Net 30 Ostego Description Quantity Rate Amount Weed Cutting: 1 Large mower Otsego Development 3.5 85.00 297.50 r IN IE Ft AUG 0 8 2007 Its been a pleasure working with you! L. • Total $297.50 RECEIVED zon7 BY: / 1 Aib 7 1 - HOEFT LAWN AND LANDSCAPE Invoice 28343 I2OTH ST • • 1111111\ PRINCETON, MN 55371 Date Invoice # litiko6/, 3 o4 .:. . : : •:: c Birt to: , . - ._ . . . ' 1 ! '' i .; .-.ts ,..,. HOWARD HOMES INC. . , 602 FIRST STREET ' : ,;.. : .. - .. .'• T ' ,, r , '' ' . - - '; -.. : OP yoBOC 202 PRTNCtiON, MN 553'71. r . ' . ! - ' - ' ' . ' .' ' ' ' ': . . ' ". . \AL' A s . : •- : . P.O. ____ NO. . Terms Project ' ' • . Net 30 .. . , , • . . Quantity : Description . Rate : Amount 'Weekly mowing includes trimming and blowing of sidewalks Dan Howard home : 45.00 45.00T . : mowing includes trimming and blowing of sidewais Woodlands model ' 45.00 95001' : ' 7, of iiiiiiiiill:cs Dylans home 7 ' 75.00 75.00T hicieS. tdozmingand.hlowing.ofaidenadlcs Dan Howard home ! 45.00 : 45.00T Weekly mowmg mcludea-trinaming and blowing oi sidewalks 3 hours@ $451ar __ __ 1 . _ at 1 ,,. o lots. mcwing■ •r. I. • , 1 and blowing of sidewalks Dan.limand home '4500 : 45001 13500 - - ' 115.00r : i! owing at - w , "_'S townhomes ii $4.5 hotir ----------' . * .'-4 A y mowing includes-trimming. and blovang of sidewalks Dan Howard home . 45.00 : 45.00T 7-27-07 Sales Tax 6.50% 41130 7 _ O. . i' --------------- ----- 1 puG t- --- , . ... . . , . .,. Total $660.30 &YC d n oNf .)ats2,. ux ifywA a,(( 3 1 66 l0/1 S"/a7 J,L,L 2 1 - s (\ Gz L-0 411 (1-- p -0 a ,\•./ cif L(-l 144url 1-T-111-K VO LT W2' 7- 7 ), aN-co COVK)1;1--11 ITEM 7_1 CITY OF OTSEGO SNOW PLOWING AND ICE CONTROL POLICY 2007 -2008 GUIDELINES FOR COMMENCEMENT OF OPERATIONS Snow removal and/or ice control operations will begin under the direction of the Public Works Superintendent or designated representative. Operations will begin when two inches or more of snow has fallen. Plowing will begin as close as practicable to the time the snowfall ceases, however, every effort will be made to have main routes plowed and sanded prior to morning or afternoon rush hour. For storms of unusually long duration, main routes will be plowed and sanded when accumulation of ice or snow on roads becomes hazardous for driving. Because of different storm situations and severity levels, starting times may vary. The Public Works Departments winter road maintenance fleet consists of: Unit #02 1995 International single-axle with reversible plow, wing, and sander Unit #03 1994 Ford single -axle with reversible plow, wing, underbody, and sander Unit #04 2006 Ford F350 with reversible plow Unit #15 2003 Sterling, single -axle with reversible plow, wing, underbody and sander Unit #11 2000 HI Tandem, with reversible plow, wing, underbody, and sander Unit #01 1994 Ford Tandem, with plow, wing, underbody, and sander Unit #20 1990 Ford, single -axle truck with reversible plow, wing, and sander Unit #28 2002 Ford F350, with reversible plow Unit #38 2006 Ford F450 with reversible plow City of Otsego Snow Plowing and Ice Control Policy The above 9 units will each be assigned a snow removal route and will respond to every plowable snowfall. Refer to attached map. The equipment below will be used for snow removal on the trails. Unit #14 2005 John Deere 325 skid steer with reversible plow and snow blower Unit #35 2006 John Deere tractor with front broom The equipment below will be used as reserves in case breakdowns of any main unit or added to the main response fleet during heavy or extended snowfalls. Unit #21 2001 Cat IT28 Cat loader, with reversible plow and wing Unit #05 1988 Cat 1406 Cat grader, with reversible plow and wing LEVELS OF SERVICE It is the intent of the City to complete plowing, widening, and sanding operations within 24 hours of the time the snowfall ceases. Major blizzards may require additional time. After a light to normal snowfall, full width plowing and cul -de -sac cleanup will be done with the first pass. However, after an extremely heavy snowfall, main routes will be plowed, followed by one pass to open residential streets and cul -de -sacs. While some isolated cul -de -sacs will be cleared completely with the first pass, most will be "circled' and plowed completely after all roads are open. By "circling" the truck will make one or two passes, usually in a clockwise rotation, leaving the bulk of the snow in the center. This policy is intended to provide safe winter driving conditions appropriate for the type of travel necessary for city streets. The level of service described may vary depending on storm conditions and other circumstances. The City will be divided into 6 main routes, 3 cul -de -sac routes and 1 trail route (see attached map). Each main route will consist of priority roads, which will be plowed and/or sanded first, followed by a designated area of secondary or residential road. The trails and paths servicing Otsego Elementary school will be plowed prior to 7 AM on school days. All others will be plowed after all streets and cul -de -sac plowing is complete. When operators are done with their assigned route, they will be assigned to help complete other routes. During an average snowfall of three inches to six inches, it is 2 City of Otsego Snow Plowing and Ice Control Policy our goal to have streets and cul -de -sacs and trails plowed in eight to twelve hours. Salt/Sand will be applied during and after plowing operations as needed. SUSPENSION OF OPERATIONS Operations shall continue until all roads are passable. Widening and clean up operations may continue immediately or on the following working day depending upon conditions and circumstances. Safety of the plow operators and the public is important. Therefore, snow plowing/removal operations may be terminated after 12 hours to allow personnel adequate time for rest. There may be instances when this is not possible depending on storm conditions and other circumstances. Operations may also be suspended during periods of limited or zero visibility. Any decision to suspend operations shall be made by the Public Works Superintendent or designated representative and shall be based on the conditions of the storm. ICE CONTROL AND SALT /SAND APPLICATION 1. First Priority Priority routes, high volume intersections, hills and curves. These areas will be sanded with the first pass of the plow 2. Second Priority Stop sign intersections, moderate volume intersections 3. Third Priority Residential intersections and streets The City does not have the equipment or financial resources to sand all streets end to end. The public must use caution when operating a motor vehicle, especially during winter months. Public Works employees are also on-call 24 hours a day to respond with salt/sand because of ice or snowfalls of 2 inches or less as directed by the Public Works Superintendent or designated representative. PROPERTY DAMAGE Snow plowing and ice control operations can cause property damage even under the best of circumstances and care on the part of the operators. The major types of damage are to improvements in the City right -of -way which extends approximately 15 feet beyond the curb location. The intent of the right of way is to provide room for snow storage, utilities, boulevard trees and other City uses. However, certain private improvements such as mailboxes are required within this area. Therefore, the City will cooperate with the property owner in the event of damaged private property. The City may specify when this damage is the responsibility of the City and when it shall be the responsibility of the resident. Mailboxes can be especially vulnerable to damage from snow removal operations. The City assumes liability for mailboxes damaged during plowing if it is determined that the plow made direct contact with a mailbox that was properly placed and in the standard style. 3 City of Otsego Snow Plowing and Ice Control Policy To be properly placed, a mailbox should be installed so its bottom edge is 45" to 47" above street level, with the post 36" back from the curb or front of the box. That amount of clearance is needed to keep the plow's wing from hitting the box. If there are any plastic newspaper tubes attached to the mailbox, they must be above 45" height requirement. The box's post should be securely in the ground. If mailboxes are not installed with the clearances mentioned above, the responsibility for repairing any damage lies with the homeowner, not the Public Works Department. The Department will replace standard metal mailboxes on 4 x 4 poles, but will not replace decorative mailboxes. The City will not repair any damage to grass or seed; will also not repair any damages from gravel being pushed into yards. In instances where there is disagreement as to the source of the damage and the responsibility, the City Administrator and/or City Council shall determine the responsibility. RESPONSIBILITY OF RESIDENTS Snowstorms create numerous problems and inconveniences. The residents will also have certain responsibilities. These include clearing their own driveways, clearing areas for trashcans, clearing around mailboxes and newspaper delivery tubes. These areas must be cleared without depositing any snow into the street. There also should not be any large piles which obstruct vision of driveways. Trash cans must not be placed on the street surfaces. The City will not clear private drives. Snow plowing can cause additional snow to be deposited in driveway approaches and around roadside obstacles. Operators are instructed to attempt to minimize these instances; however, it is not practical to eliminate this situation. Residents should be aware they may have to clear their driveways a second time after their street has been plowed. Minnesota Highway Traffic Regulations 160.27 Sub (5) Misdemeanors: It shall be unlawful to obstruct any highway or to deposit snow or ice thereon. 169.42 Sub (1) No person shall throw, deposit, place, or dump upon any street or highway, any snow, ice, etc. 4 City of Otsego Snow Plowing and Ice Control Policy GUIDELINES FOR OPERATORS 1. Operators will be required to be on stand -by and able to report to work within one and one -half hours notice from November 1 to March 31 unless arrangements are made with the Public Works Superintendent or designated representative. 2. Operators will be responsible for the vehicle they are assigned to. This includes completing a daily maintenance and equipment check before and after each shift and reporting all deficiencies to the Public Works Superintendent. During snowplowing operations any and all downtime or breakdowns will be reported to the Pubic Works Superintendent or designated representative. 3. No snow removal vehicles shall be parked with less than three- quarters of a tank of fuel. 4. Operators shall not assist stranded vehicles by pushing, pulling or jump - starting with City equipment. Operators may assist by calling for help, offering sand, or offering a helping hand. 5. To minimize damage, no equipment will exceed twenty miles per hour in residential areas. 6. Operators will obey all traffic laws, signs, and signals. 7. Operators will report all damage to the Public Works Superintendent or designated representative at the end of each shift. 8. When plowing and sanding is complete after each storm, salt/sand should be emptied from all trucks and all equipment should be cleaned and washed. 9. When the operator has completed their assigned route, they will contact the Public Works Superintendent and will be assigned to assist with the completion other routes. 10. Before leaving duty at the end of the shift every effort should be made to contact the Public Works Superintendent or designated representative. 11. No plowing of private property or towing of vehicles will be permitted unless it directly affects traffic. Any questions should be directed to the Public Works Superintendent. Every effort will be made not to damage mailboxes and trash containers or other structures in the right -of -way. ACCIDENTS DURING SNOW CLEARANCE OPERATION All accidents during snowplow operation should be reported to the Public Works Superintendent. If the accident involves a vehicle or a personal injury, immediately contact the Sheriff Department and then contact the Public Works Superintendent. Remain at the scene until an accident report has been completed. The policies and procedures relating to the drug and alcohol testing for commercial vehicle drivers shall be implemented in this situation. Updated 10\12\07 Adopted File: SNOWPOLI07 -08 5 ITEM 8_1 NAC NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners @nacpianning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Laurie Smith / Daniel Licht, AICP DATE: October 18, 2007 RE: Otsego — Zoning Ordinance; State Licensed Residential Care Facilities FILE: 176.08 BACKGROUND The City has been made aware that plans for locating a residential care program in a single family neighborhood in Otsego are in the works. Residential care programs occupy single family homes designed or converted to serve as the primary residence for a group of unrelated adults who share a common characteristic for continuing medical treatment Generally, those living in residential care programs are in need of social assistance and cannot live alone. People who live in residential care programs may consist of recovering persons recovering from chemical dependency, mental illness, developmentally disabled adults, or other adults with special needs. ANALYSIS Definitions. Minnesota State Statutes and the Otsego Zoning Ordinance include the following definitions applicable to residential care programs: Statutes 245A.02 Human Services Lensing: Definitions: Nonresidential Pregame: "Nonresidential program" means care, don, rehabilitation, training or habilitation of a person provided outside the person's own home and provided for fewer than 24 hours a day, including adult day care programs; and chemical dependency or chemical abuse programs that are located in a nursing home or hospital and receive public funds for providing chemical abuse or chemical dependency treatment services under chapter 254B. Nonresidential programs include home and coarmweity- based services and semi - independent living services for persons with developmental disabilities that are provided in or outside of a person's own home. Residential Program: "Residential program" means a program that provides 24 -hour- a-day care, supervision, food lodging rehabilitation, training, education, habilitation, or treatment outside a person's own home, including a program in an intermediate care facility for four or more persons with developmental disabilities; and chemical dependency or chemical abuse programs that are located in a hospital or nursing home and receive public funds for providing chemical abuse or chemical dependency treatment programs under chapter 254B. Residential programs include home and community -based services for persons with development disabilities that are provided in or outside of a person's own home. Otsego Zoning Ordinance Section 20 - 2 - 2: Residential Care Facility: Any facility licensed by the State of department of Health or Department of Public Welfare, public or private, which for gain or otherwise regularly provides one or more persons with twenty-four (24) hour per day substitute for care, food lodging training, education, supervision, habilitation, rehabilitation and treatment they need but which for any reason cannot be furnished in the person's own home. Residential facilities include, but are not limited to: State institutions under the control of the Commissioner of Public Welfare, foster homes, halfway houses, residential treatment centers, maternity shelters, residential care programs, residential programs or schools for handicapped children. Residential care programs are also referred to as board and care facilities by MN Rules 4655, which includes a definition for boarding care home: Boarding Care Home: A "boarding care home" shall mean a licensed facility or unit used to provide care for aged or infirm persons who require only personal or custodial care and related services in accordance with these regulations. A boarding care home license is required if the persons need or receive personal or custodial care only. Nursing services are not required Examples ofpersonal or custodial care: board room, laundry, and personal services; supervision over medications which can be safely self- administered; plus a program of activities and supervision required by persons who are not capable of properly caring for themselves Residential Programs Statutory Allowance. Minnesota State Statute 462.357 establishes state policy for the treatment of residential and non - residential care programs by local governments by land use controls: Minnesota Statues 462.357 Official Controls; Zoning Ordinance: Sabi 6a. Normal residential surroundings for disabled person.. It is the policy of this state that disabled persons and children should not be excluded by municipal zoning ordinances or other land use regulations from the benefits of normal residential surroundings. For purposes of subdivisions 6a through 9, "person" has the meaning given in section 245A.02, subdivision 11. 2 Minnesota Statutes 245A.11 and 245A.14 (and repeated in MN Statutes 462.357, Subd. 7 and 8) further establish specific requirements for cities to allow residential and non- residential care programs within various residential zoning districts. Residential programs serving six or fewer people must be allowed as a permitted use within all zoning districts allowing single family dwellings. Additionally, residential care programs serving seven to sixteen people must be allowed in multiple family zoning districts and can be regulated as a permitted use or a conditional use. Statutes 245A.11 Human Services Licensing: Special Conditions for Residential Programs: Saba 2. Permitted single-family residential use. Residential programs with a licensed capacity of six or fewer persons shall be considered a permitted single family residential use of property for the purposes of zoning and other land use regulations, except that a residential program whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex o or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use. This exception shall not apply to residential programs licensed before July 1, 1995. Programs otherwise allowed under this subdivision shall not be prohibited by operation of restrictive covenants or similar restrictions, regardless of when entered into, which cannot be met because of the nature of the licensed program, including provisions which require the home's occupants be related and that the home must be occupied by the owner, or similar provisions. SubtL 3. Permitted multramily residential use. Unless otherwise provided in any town municipal, or county zoning regulation, a licensed residential program with a licensed capacity of seven to 16 persons shall be considered a permitted multifamily residential use of property for the purposes of zoning and other land use regulations. A town municipal, or county zoning authority may require a conditional use or special use permit to assure proper maintenance and operation of a residential program. Conditions imposed on the residential program must not be more restrictive than those imposed on other conditional uses or special uses of residential property in the same zones, unless the additional conditions are necessary to protect the health and safety of the persons being served by the program. Nothing in this chapter shall be construed to exclude or prohibit residential programs from single family canes if otherwise permitted by local zoning regulations. Statutes 245A.14 Human Services Licensing: Special Conditions for Non - Residential Programs: Subdivision L Permitted singlefansiy residential use. A licensed nonresidential program with a licensed capacity of 12 or fewer persons and a group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445, to serve 14 or fewer children shall be considered a permitted single-family residential use of property for the purposes of zoning and other land use regulations, 3 Subd 2. Permitted multifamily use. Except as otherwise provided in subdivision 1 or in a town, municipal, or county regulation, a licensed nonresidential program with a licensed capacity of 13 to 16 persons shall be considered a permitted multifamily residential use of property for purposes of zoning. A town, municipal, or county zoning authority may require a conditional use or special use permit in order to assure proper 1 maintenance and operation of the program. Conditions imposed on the nonresidential program must not be more restrictive than those imposed on other conditional uses or special uses of residential property in the same zones unless the additional conditions are necessary to protect the health and safety of the persons being served by the nonresidential program. Nothing in this chapter shall be construed to exclude or prohibit nonresidential programs from single-family zones if otherwise permitted by local zoning regulations. In Otsego, residential care programs serving six (6) or fewer persons are a permitted use in the A-1, A -2, R-C, R -1, R -2, R -3, R-4A, R-4, R -5 and R-6 Districts. Residential care facilities in multiple family structures having sixteen (16) or fewer persons are a permitted use in the R -7 District. Because these uses are permitted uses, the City can not prohibit them or otherwise regulate them as a unique land use. Allowance of non - residential programs within the City is confused with the definition of day care facilities, which in addition to non - residential programs also applies to family day care, nursery schools and day treatment programs. Boarding care homes do not always require a State license. Generally, if the board and care home serves less than five adults, a State license is not mandatory. Examples of these types of facilities are "sober houses" where several unrelated adults who are recovering from chemical dependency live and may receive limited supervision and services. When these facilities do not require or are not issued a State license, City staff's interpretation is that City is not required to allow them by Statute and that the current definition of residential care facility in the Otsego Zoning Ordinance excludes them by referring only to state licensed facilities. License Required. A State - issued license is required for any individual, corporation, partnership, voluntary association, other organization or controlling individual to operate a residential or nonresidential program or advertise a residential or nonresidential program. Exceptions to this are residential or nonresidential programs that are provided to adults who do not abuse chemicals or who do not have a chemical dependency, a mental illness, a developmental disability, a functional impairment or a physical disability. According to MN Rules 4655 regarding boarding care homes, a State license is required for any facility where five or more aged or infirm persons receive nursing, personal or custodial care. Such facilities would fall under the City's current definition of a residential care facility. Application Procedures. As outlined in MN State Statutes Section 245A.04, an individual, corporation, or other organization applying for a license for a residential care facility must complete an application and receive application approval from the 4 Department of Human Services. The Department of Human Services is required to notify the affected municipality 30 days prior to issuing a license unless the program is considered to be a permitted single family use as defined in MN State Statutes Sections 245A.11 and 245A.14. Before issuance of a license the assigned commissioner will conduct an inspection of the program including: an inspection of the property, review of records and documents pertaining to the program, an evaluation of the program by those being served by the program and an observation of the program in operation. Once the commissioner determines compliance with applicable rules and regulations, a license will be issued. This license shall state at a minimum: the name of the license holder, the address of the program, the effective date and expiration date of the license, the type of license and the maximum number and ages of persons receiving services. Minnesota State Statutes Section 245A.151 does allow a City the opportunity to fire inspect the property for which a State license is being issued, however, the requirement for a fire inspection is a State decision, not a City decision. Otsego Rental Housing Ordinance. The City of Otsego has adopted a rental housing licensing ordinance regulating non owner occupied housing within the City. The rental housing ordinance requires issuance of a license for occupancy of a dwelling to ensure that the property is being maintained consistent with other established zoning, building, utility, property maintenance and personal conduct codes. Because residential care facilities are a specific use defied by State Statute and regulated by State and County health agencies, City staff does not believe the rental housing ordinance can be applied to these uses. The statute specifically directs that a residential program be considered a single -family residential use `for the pruposes of zoning and other land use regulations ". This means that the limitation on City authority goes beyond zoning regulations. A residential care facility is licensed by the County and the State. A condition of licensure is that the facility follows all applicable State regulations pertaining to the type of facility approved. The regulations are extensive and require adequate facility staffing at all times. The residential care facility is not a dwelling per se, but an institutional use similar to hospitals and nursing homes. A residential care facility under the statutes does not include halfway houses and other group living arrangements that are managed and licensed by the Minnesota Department of Corrections. Any arrangement that is part of a conditional release from a Department of Corrections facility is different than a residential care facility under the above mentioned statutes. A residential care facility on the licensure of the Department of Health, does not exempt the residential care program from complying with established City building, property maintenance or personal conduct codes. The City, however, cannot require an operational license for the use at the local level unless similar regulations were imposed on an owner occupied single family dwelling. City of Anoka. The City of Anoka planning department was contacted regarding the proliferation and regulation of residential care programs in that City based on 5 information that a number of such facilities are located there. According to Anoka City staff, the City does not have many State licensed residential care program facilities, but rather there are a number of "sober houses ". Sober houses would likely fall under the State definition of a boarder care facility. These facilities generally serve four adults and are somewhat regulated through the City's newly adopted rental housing ordinance. Sober houses that were established prior to the passage of the rental housing ordinance are not regulated by the City and their exact location and mode of operation may be unknown. When asked if the City tracks police calls or other complaints to the sober house properties, staff stated that currently they do not, but that generally they do not receive many complaints on these types of properties. Anoka City staff suggested that the perception is that these properties cause problems in the single family neighborhood they are located in related to traffic, noise and outward appearance. However, it has been the Anoka's experience that once established, these homes most often go unnoticed. CONCLUSION Minnesota Statutes 245A.11, 245A.14 and 462.357, Subd. 6A, 7 and 8 prohibit any City from establishing zoning or other regulations related to residential and non - residential care facilities that have been specifically established as permitted or conditional uses by said Statutes. The intent of these Statues is to prevent a City from excluding these facilities from locating within their jurisdiction through zoning in response to public opposition. Our office and the City Attomey advise that the City Council cannot apply zoning or other regulations to the residential program proposing to locate in the City that would not be applicable to a single family dwelling. City staff does recommend that the City Council direct the Planning Commission to undertake an update of the Zoning Ordinance to make the provisions related to residential care programs, non - residential care programs and group day care facilities consistent with the minimum allowances and requirements of State Statutes including: 1. Revise the definition of residential care facility to distinguish between residential and non - residential care programs. 2. Revise the definition of day care facility and group day care center to distinguish between non - residential care programs, family day care and drop in care centers. 3. Include a definition of boarder home specific to the uses identified in Minnesota Rules 4655 to separate the activity having a boarder room use within an owner occupied single family dwelling. 4. Review the zoning districts to make allowance for residential programs as a permitted or conditional use only as required by Minnesota Statutes 245A.11. 6 5. Review the zoning districts to make allowance for non - residential programs as a permitted or conditional use only as required by Minnesota Statutes 245A.14. 6. Review the zoning districts to make allowance for family day care as a permitted or conditional use as only required by Minnesota Statutes 245A.15. c. Mike Robertson, City Administrator Judy Hudson, City Cleric/Zoning Administrator Andy MacArthur, City Attorney 7 COURI, MACARTHUR & RUPPE, P.L.L.P. Michael C. Couri* Attorneys at Law Kristen H. Carr Andrew J. MacArthur 705 Central Avenue East Kyle R. Hartnett Robert T. Ruppe ** PO Box 369 St. Michael, MN 55376 -0369 *Also licensed in lumnis (763) 497 -1930 "Also licensed in CaliJimnm (763) 497 -2599 (FAX) courimacarthur@earthlink.net October 17, 2007 City Council Members City of Otsego c/o Judy Hudson, City Clerk 8899 Nashua Avenue NE Otsego, MN 55330 RE: Addendum to Developer's Agreement- Great River Centre Dear Council Members: Attached is a proposed Addendum to the Developer's Agreement between the City and Appello Group relative to the assessment for CSAH 42. The revised Developer's Agreement sets forth the agreed upon $ 1,627,700.00 assessment to be paid over 15 years at 5 1/2 % interest with a one year deferment. The Agreement only affects what is now Great River Centre Second Addition, which is consistent with the exclusion of the Ryan - Target property from assessment in the first Agreement. The Ryan- Target property is now platted as Great River Centre First Addition. CBCF Limited Partnership had to sign off on the Agreement since they now own Lot 1, Block 1 of Great River Centre Second Addition. I would recommend approval of the proposed Addendum so that it can be executed prior to the upcoming assessment hearing. I will be available to answer any questions at Monday's meeting. Very truly.41.9urs, 1 An . ew J cArthur • 1 URI, A CARTHUR & RUPPE, PLLP Letter to Otsego City Council October 18, 2007 Page 2 Encl. cc: Ron Wagner, City Engineer Dan Licht, City Planner Tom Brown, Terra Development Mike Hurley, Barna Guzy DRAFT- October 17, 2007 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA FIRST ADDENDUM TO DEVELOPER'S AGREEMENT GREAT RIVER CENTRE ADDENDUM to that Developer's Agreement between the City of Otsego, a municipal corporation under the laws of the State of Minnesota and Appello Group, LLC, a Minnesota Limited Liability Company enteredinto on May 16, 2006 and recorded on June 15, 2006 as Document No. A1014006 at the Office of the County Recorder, Wright County, Minnesota, entered into this day of October, 2007. WHEREAS, the City has completed improvements to CSAH 42 pursuant to its obligation under the original Developer's Agreement; and WHEREAS, the final costs of said improvements have exceeded the estimates originally generated by the City's Engineer and have exceeded the cap for assessment waiver as provided for in the original Developer's Agreement; and WHEREAS, the parties have reached an Agreement regarding the amount to be assessed against the Plat for the improvements to CSAH 42; and WHEREAS, the property affected by the first Developer's Agreement as now been re- platted as Great River Centre Second Addition; and WHEREAS, Lot 1, Block 1 of Great River Centre Second Addition has been conveyed to CBCF Limited Partnership, a Limited Partnership under the laws of the State of Minnesota; and WHEREAS, the parties wish to amend the previous Agreement to memorialize the understanding. NOW, THEREFORE IT IS AGREED between the Parties as follows: 1. Paragraph 5, B of the original Agreement is amended to read as follows: "B. Waiver. Developer agrees to be assessed for said improvements in the amount of its fair share of the assessment, $1,627,700.00. Developer waives any and all right to appeal the assessment, and waives any irregularities in procedure as well as any 1 required hearings up to the amount set forth above. The waiver includes any appeal right provided for under statute, case law or Constitiution." 2. Paragraph 5, C of the original Agreement is amended to read as follows: "C. Petition Items. The City has constructed as part of its City Improvement Project No. 2006 -09 and City Improvement Project No. 2006 -12 the Petition Items, pursuant to the Public Improvement Plans for City Improvement Project No. 2006 -09 and No. 2006 -12 utilizing its regular methods of making public improvements, subject only to additional requirements as setforth in Paragraph 30. Developer agrees that special assessments for such Petition Items (the "Assessments ") may be levied by the City , without Developer's objection or appeal, after construction is commenced in accordance with Chapter 429 of Minnesota Statutes and that the City may recover it costs and expenses including legal, project management, administrative and engineering) provided said special assessments shall be levied in the amount or lesser amount of the respective cost of such Assessments. The Assessments shall be payable in equal principal and interest installments (which shall include capitalized interest for the year of deferment) as determined by the City over a period of fifteen years, computing said interest pursuant to City standard policies at a rate of 5 1/2 % per annum. The first installment coming due commensurate with the 2008 assessment for 2009 payable real estate taxes and Assessments. The Assessment shall be certified to the County with a one year deferment prior to or on November 15, 2007." All other applicable terms and conditions of the original Developer's Agreement shall remain as set forth in that document. CITY OF OTSEGO Larry Fournier, Mayor Judy Hudson, City Clerk APPELLO GROUP, LLC David A. Taus Its Chief Manager 2 ITEM 1 O -2 DRAFT- October 17, 2007 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA FIRST ADDENDUM TO DEVELOPER'S AGREEMENT GREAT RIVER CENTRE ADDENDUM to that Developer's Agreement between the City of Otsego, a municipal corporation under the laws of the State of Minnesota and Appello Group, LLC, a Minnesota Limited Liability Company enteredinto on May 16, 2006 and recorded on June 15, 2006 as Document No. A1014006 at the Office of the County Recorder, Wright County, Minnesota, entered into this day of October, 2007. WHEREAS, the City has completed improvements to CSAH 42 pursuant to its obligation under the original Developer's Agreement; and WHEREAS, the final costs of said improvements have exceeded the estimates originally generated by the City's Engineer and have exceeded the cap for assessment waiver as provided for in the original Developer's Agreement; and WHEREAS, the parties have reached an Agreement regarding the amount to be assessed against the Plat for the improvements to CSAH 42; and WHEREAS, the property affected by the first Developer's Agreement as now been re- platted as Great River Centre Second Addition; and WHEREAS, Lot 1, Block 1 of Great River Centre Second Addition has been conveyed to CBCF Limited Partnership, a Limited Partnership under the laws of the State of Minnesota; and WHEREAS, the parties wish to amend the previous Agreement to memorialize the understanding. NOW, THEREFORE IT IS AGREED between the Parties as follows: 1. Paragraph 5, B of the original Agreement is amended to read as follows: `B. Waiver. Developer agrees to be assessed for said improvements in the amount of its fair share of the assessment, $1,627,700.00. Developer waives any and all right to appeal the assessment, and waives any irregularities in procedure as well as any 1 required hearings up to the amount set forth above. The waiver includes any appeal right provided for under statute, case law or Constitiution." 2. Paragraph 5, C of the original Agreement is amended to read as follows: "C. Petition Items. The City has constructed as part of its City Improvement Project No. 2006 -09 and City Improvement Project No. 2006 -12 the Petition Items, pursuant to the Public Improvement Plans for City Improvement Project No. 2006 -09 and No. 2006 -12 utilizing its regular methods of making public improvements, subject only to additional requirements as setforth in Paragraph 30. Developer agrees that special assessments for such Petition Items (the "Assessments ") may be levied by the City , without Developer's objection or appeal, after construction is commenced in accordance with Chapter 429 of Minnesota Statutes and that the City may recover it costs and expenses including legal, project management, administrative and engineering) provided said special assessments shall be levied in the amount or lesser amount of the respective cost of such Assessments. The Assessments shall be payable in equal principal and interest installments (which shall include capitalized interest for the year of deferment) as determined by the City over a period of fifteen years, computing said interest pursuant to City standard policies at a rate of 5 1/2 % per annum. The first installment coming due commensurate with the 2008 assessment for 2009 payable real estate taxes and Assessments. The Assessment shall be certified to the County with a one year deferment prior to or on November 15, 2007." All other applicable terms and conditions of the original Developer's Agreement shall remain as set forth in that document. CITY OF OTSEGO Larry Fournier, Mayor Judy Hudson, City Clerk APPELLO GROUP, LLC David A. Taus Its Chief Manager 2 ITEM 77_7 MEMO Date: October 18, 2007 To: Mayor & Council From: City Administrator Mike Robertson Re: Budget Workshop Council should take formal action to establish a budget workshop on Wednesday, November 7, 2007 at 5:30 p.m. ITM 11_2 CITY OF OTSEGO Finance Memo To: City Council From: Gary Groen Date: October 16, 2007 Re: City Insurance Review and Recommendation The administrative subcommittee met with Mary Eberley, First National Insurance Agency, regarding the City's property, liability and worker's compensation insurance policies. The Council had approved the basic policies at the October 8, 2007 council meeting. The discussion focused on the statutory liability and the excess liability coverage limits. The administrative subcommittee recommends the City not waive the statutory limits and add the excess coverage. The additional premium is estimated to cost $8,400 and is included in the insurance budget of the City. The attached memo from the League of Minnesota Cities Insurance Trust explains the various options available to the City. The last page of the memo presents the coverage option. The addition of the excess coverage moves the City's coverage from row 1 to row 3 on the last page discussion of liability coverage. • Page 1 League of Minnesota Cities Insurance Trust 145 University Avenue West, St Paul, MN 55103 -2044 (651) 2811200 • (800) 925-1122 Imago. of Mimosa& , Fax: (651) 281 -1298 • TDD: (651) 281 -1290 Mon www.1 mnc.org RISK MANAGEMENT INFORMATION LMCIT LIABILITY COVERAGE OPTIONS Liability Limits, Coverage Limits, and Waivers LMCIT gives cities several options for structuring their liability coverage. The city can choose either to waive or not to waive the monetary limits that the statutes provide; and the city can select from among several liability coverage limits. This memo discusses these options and identifies some issues to consider in deciding which of the options best meets the city's needs. What are the statutory limits on municipal tort liability? The statutes limit a city's tort liability to a maximum of $300,000 per claimant and $1,000,000 per occurrence. These limits apply whether the claim is against the city, against the individual • officer or employee, or against both. What are the coverage limits for LMCIT's basic primary liability coverage? LMCIT's liability coverage provides a limit of $1,000,000 per occurrence, matching the per - occurrence part of the statutory municipal tort liability limit. Under the basic coverage form the $300,000 per claimant part of the statutory liability limit is not waived, so if the statutory limit applies to the particular claim, LMCIT and the city would be able to use that limit as a defense. • • Beside the overall coverage limit of $1,000,000 per occurrence, there are also annual aggregate limits (that is, limits on the total amount of coverage for the year regardless of the number of claims), for certain specific risks. Aggregate limits apply to the following: Products / completed operations $1,000,000 annually Failure to supply utilities $1,000,000 annually EMF $1,500,000 annually Limited pollution* $1,000,000 annually Lead and asbestos* $200,000 annually Mold $1,500,000 annually Land use litigation ** $1,000,000 annually Employers liability (work comp) $1,000,000 annually * The limit applies to both damages and defense costs. ** Coverage is on a sliding scale percentage basis, and applies to both damages and litigation costs. If the statute limits our liability to $1,000,000 per occurrence, why would the city purchase higher coverage limits than that? There are several different reasons why cities should strongly consider carrying higher limits of liability coverage. 1. The statutory tort limits either do not or may not apply to several types of claims. Some examples include: • Claims under federal civil rights laws. These include Section 1983, the Americans with Disabilities Act, etc. • Claims for tort liability that the city has assumed by contract. This occurs when a city agrees in a contract to defend and indemnify a private party. • Claims for actions in another state. This might occur in border cities that have mutual aid agreements with adjoining states, or when a city official attends a national conference or goes to Washington to lobby, etc. • Claims based on liquor sales. This mostly affects cities with municipal liquor stores, but it could also arise in connection with beer sales at a fire relief association fund- raiser, for example. • Claims based on a "taking" theory. Suits challenging land use regulations frequently include an "inverse condemnation" claim, alleging that the regulation amounts to a "taking" of the property. 2. LMCIT's primary liability coverage has annual limits on coverage for a few specific risks. The table on page 1 lists the liability risks to which aggregate coverage limits apply. If the city has a loss or claim in one of these areas, there might not be enough limits remaining to cover the city's full exposure if there is a second loss of the same sort during the year. Excess liability coverage gives the city additional protection against this risk as well. However there are a couple of important restrictions on how the excess coverage applies to risks that are subject to aggregate limits: • The excess coverage does not apply to four risks: lead and asbestos; failure to supply utilities; mold; and "limited pollution" claims if either the pollutant release or the damage is below ground or in a body of water; and • The excess coverage does not automatically apply to liquor liability unless the city specifically requests it. 3. The city may be required by contract to carry higher coverage limits. Occasionally, a contract might include a requirement that the city carry more than $1,000,000 of coverage limits. Carrying excess coverage is a way to meet these requirements. (There's also another 2 option for cities in this situation. LMCIT can issue an endorsement to increase the city's coverage limit only for claims relating to that particular contract. There's a small charge for these "laser" endorsements.) 4. There may be more than one political subdivision covered under the city's coverage. An HRA, EDA, or port authority is itself a separate political subdivision. If the city EDA, for example, is named as a covered party on the city's coverage and a claim were made that involved both the city and the EDA, theoretically the claimant might be able to recover up to $1,000,000 from the city and another $1,000,000 from the EDA, since there are two political subdivisions involved. Excess coverage is one way to provide enough coverage limits to address this situation. Another solution is for the HRA, EDA, or port authority to carry separate liability coverage in its own name. This issue of multiple covered parties can also arise is if the city has agreed by contract to name another entity as a covered party, or to defend and indemnify another entity. 5. Cities sometimes choose to carry higher coverage limits because of a concern that the courts might overturn the statutory liability limits. However, those limits have now been tested and upheld several times in Minnesota. While it's always possible that a future court • • might decide to throw out the statutory limits, this is now less of a concern. What excess liability coverage limits are available? • Excess coverage is available in $1 million increments, up to a maximum of $5 million. We're just a small city. Isn't excess liability coverage really just something that big cities might need? Absolutely not. If anything, excess liability coverage is even more important to a small city. If a city ends up with more liability than it has coverage, the city will have to either draw on existing funds or go to its taxpayers to pay that judgment. A large city faced with, say, a million dollars of liability over and above what its LMCIT coverage pays might be able to spread that $1 million cost over several thousand taxpayers. The small city by contrast might be dividing that same $1 million cost among only a couple hundred taxpayers. $1 million divided among 5000 taxpayers is $200 apiece — annoying but probably at least manageable for most taxpayers. $1 million divided among 200 taxpayers is $5000 apiece — enough to be a real problem for many. How does excess coverage apply to uninsured/underinsured motorist coverage? If the city carries excess liability coverage, the city has the option to have the excess coverage also apply to uninsured or underinsured motorist ( UM/UIM) claims. To do so, the city must first increase its primary UM/UIM limit from the basic $50,000 to $1,000,000. There are additional premium charges both to increase the primary UM/UIM limit and to apply the excess coverage to the UM/UIM exposure. The city needs to consider whether the benefit from having higher UM/UIM limits is worth that cost. 3 The UM/UIM coverages are intended to assure that an injured driver will be compensated if s/he is injured in an accident caused by an uninsured or underinsured driver. The UM/UIM coverage steps into the place of the liability insurance that the driver should have had. Keep in mind that in the case of city vehicles, an injury to the driver while operating a city vehicle would in most cases be covered by workers' compensation. The amounts the individual would be able to recover from UM/UIM would be in addition to the medical, indemnity, and other benefits paid under work comp. In many cases, it would amount to a double recovery for the individual's injuries. A city might decide to carry a higher limit for a couple reasons: if they believe the workers' compensation benefits are insufficient to compensate their injured employees; or if they want to make sure that non - employees riding in city vehicles are fully compensated in the event of an accident with an uninsured or underinsured vehicle. (Note that in most cases the passenger's own UM/UIM would also respond.) LMCIT now gives the cities who participate in the primary liability coverage the option to waive the $300,000 per claimant statutory liability limit. What's the effect if we do this? • If the city chooses the "waiver" option, the city and LMCIT no longer can use the statutory limit of $300,000 per claimant as a defense. Because the waiver increases the exposure, the premium is roughly 3% higher for coverage under the waiver option. If the city waives the statutory limit, an individual claimant could therefor recover up to $1,000,000 in damages on a claim. Of course, the individual would still have to prove to the court or jury that s/he really does have that amount of damages. Also, the statutory limit of $1,000,000 per occurrence would still apply; that would limit the individual's recovery to a lesser amount if there were multiple claimants. Why would the city choose to pay more in order to get the waiver - option coverage? Does it give the city better protection? No. Buying coverage under the "waiver" option doesn't protect the city any better. The benefit is to the injured party. The statutory liability limit only comes into play in a case where 1. the city is in fact liable; and 2. the injured party's actual proven damages are greater than the statutory limit. Very literally, applying the statutory liability limit means that an injured party won't be fully compensated for his/her actual, proven damages that were caused by city negligence. Some cities as a matter of public policy may want to have more assets available to compensate their 4 citizens for injuries caused by the city's negligence. Waiving the statutory liability limits is a way to do that. Other cities may feel that the appropriate policy is to minimize the expenditure of the taxpayers' funds by taking full advantage of every protection the legislature has decided to provide. There's no right or wrong answer on this point. It's a discretionary question of city policy that each city council needs to decide for itself. How would the waiver affect our city's coverage or risk on those claims that the statutory tort liability limits don't apply to? It doesn't. Waiving the statutory tort limits has no effect on claims that the statutory limits don't apply to. What's the effect of waiving the statutory limits if we have excess coverage? If the city has $1 million of excess coverage and chooses to waive the statutory tort limits, the claimants (whether it's one claimant or several) could then potentially recover up to $2 million in damages in a single occurrence. If the city carries higher excess coverage limits, the potential • maximum recovery per occurrence is correspondingly higher. Carrying excess coverage under the waiver option is a way to address an issue that some cities . • find troubling: the case where many people are injured in a single occurrence caused by city negligence. Suppose, for example, that a city vehicle negligently runs into a school bus full of kids, causing multiple serious injuries. $1,000,000 divided 50 ways may not go far toward compensating for those injuries. Excess coverage under the waiver option makes more funds available to compensate the victims in that kind of situation. The cost of the excess liability coverage is about 25% greater if the city waives the statutory tort limits. The cost difference is proportionally greater than the cost difference at the primary level because for a city that carries excess coverage, waiving the statutory tort limits increases both the per- claimant exposure and the per - occurrence exposure. If we waive the statutory tort liability limits, does it increase the risk that the city will end up with liability that LMCIT doesn't cover? No. The waiver form specifically says that the city is waiving the statutory tort liability limits only to the extent of the city's coverage. Of course, that's not to say that there is no risk that the city's liability could exceed its coverage limits. We listed earlier a number of ways that could happen to any city. But the waiver doesn't increase that risk. 5 Can we waive the statutory tort limits for the primary coverage but not for the excess coverage? No. If the city decides to waive the statutory tort limits, that waiver applies to the full extent of the coverage limits the city has. The city cannot partially waive the statutory limits. I'm confused. Is there a simple way to summarize the options? It's not necessarily simple, but the table on the following page is a shorthand summary of what the effect would be of the various coverage structure options in different circumstances. I'm still confused. Who can I talk to? Give us a call at the League office. Pete Tritz, Tom Grundhoefer, Bill Everett, Doug Gronli, or any of LMCIT's property/casualty underwriters will be glad to talk with you. • 6 • LMCIT Liability Coverage Options On a liability claim to which On a liability claim to which the statutory limits apply the statutory limits do not apply Coverage structure This is the maximum This is the maximum This is the maximum amount of damages which If the city: amount a single claimant total amount that all LMCIT would pay on the city's behalf for a could recover on an claimants could recover single occurrence, regardless of the number of O occurrence. on a single occurrence. claimants. Does not have excess coverage & 1 Does not waive the statutory limits $300,000 $1,000,000 $1,000,000 Does not have excess coverage & ?-- Waives the statutory limits $1,000,000 $1,000,000 $1,000,000 Has $1,000,000 of excess coverage & 3 Does not waive the statutory limits $300,000 $1,000,000 $2,000,000 II Has $1,000,000 of excess coverage & Waives the statutory limits $2,000,000 $2,000,000 $2,000,000 PST 12/04 • ITEM 11_3 MEMO Date: October 18, 2007 To: City Council Safety File From: City Administrator Mike Robertson Re: Expansion of Safety Committee Our current Safety Committee consists of myself, City Clerk Judy Hudson and Maintenance Worker Rick Knutson. I recommend that the committee be expanded to include a member from each department. If Council concurs I will ask each department head to recommend a person. ITEM 11.4 CITY OF OTSEGO Finance Memo To: City Council From: Gary Groen Date: October 17, 2007 Re: Fire Assessment Rates Each year the City Council sets the fire assessment rate applied to properties within each of the City's four fire districts. The attached summary provides financial information for each of the districts. The projection for the remainder of 2007 assumes the December tax settlement will be the same amounts as received in July. While the actual amount may vary slightly, this generally is a reasonable assumption. The remaining expenditures for contract in 2007 are the actual amounts due by year -end. The Elk River district billing is always sent to the City based on budget estimates and adjusted to Otsego's actual cost the following year. Adjustments in prior years have varied from a credit for overpayment to a fairly significant additional charge. The current per parcel rates are highlighted and the 2008 revenue projection is based on the actual 2008 parcels billed. The 2008 expenditures are based on 2007 costs billed plus a 20% increase, with the exception of Rogers' fire district which is the actual billing the City will receive. Most importantly, the cash balance remaining in each district at December 31, 2008 is included as well. This information is based on the current assessment rates. The 2008 assessment rates must be approved by Council at the October 22 meeting or no later than the November 13. If there are any questions, please contact me. • Page 1 City of Otsego 2008 Analysis of Fire Contracts Elk River Albertville Rogers Monticello Cash and Investment Balance, September 30, 2007 $ 73,584 $ 155,790 $ 9,264 $ 11,794 December Tax Settlement Estimate is Based on July, 2007 settlement 80,866 58,303 9,131 12,282 Balance to be Paid on 2007 Contract - 14,110 - 5,534 Projected Cash and Investment Balance, December 31, 2007 $ 154,450 $ 199,983 $ 18,395 $ 18,542 Current Per Parcel Rate $ 60.50 $ 80.50 $ 70.50 $ 70.50 2008 Revenue using Current Rates 175,208 175,490 18,612 30,597 2008 Fire Contract Estimate (Rogers is the 2008 actual contract) 133,928 67,728 19,970 26,561 Projected Cash and Investment Balance, December 31, 2008 $ 195,730 $ 307,745 $ 17,037 $ 22,578 ITEM 12_1 MEMO Date: October 18, 2007 To: City Council From: City Administrator Mike Robertson Re: Holiday Hours Recommendations I understand there was some discussion of holiday hours at the Administrative subcommittee meeting while I was gone. I have the following recommendations and comments for the upcoming holidays. 1) City Hall is closed Monday, November 12 for Veteran's Day and the regular Council meeting is moved to Tuesday, November 13 at 6:30 p.m. It is my understanding the regular Police Commission meeting scheduled for Tuesday, November 13 has been moved to Thursday, November 8 at 7:00 p.m. 2) I recommend City Hall be closed Friday, November 23, the day after Thanksgiving and that staff will work ten hours each day from Monday, November 19 through Wednesday, November 21. With the Thanksgiving holiday that will mean staff will have a forty hour week. 3) Because the second Council meeting in December falls on Monday, December 24, Christmas Eve, I recommend that the meeting be canceled. 4) I recommend that City Hall be closed on Monday, December 24 and that it be a paid day off for all full time City employees. 5) I recommend that Monday, December 31, New Year's Eve Day be treated as a regular working day in terms of employee hours.