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HomeMy WebLinkAbout2025-11-18 City Council Meeting Minutes Meeting location: Edina City Hall Council Chambers 4801 W. 50th St. Edina, MN City Council Meeting Agenda Tuesday, November 18, 2025 7:00 PM Participate in the meeting: Watch the meeting on cable TV or YouTube.com/EdinaTV. Provide feedback during Community Comment by calling 312-535- 8110. Enter access code 2630 405 6578. Password is 5454. Press *3 on your telephone keypad when you would like to get in the queue to speak. A staff member will unmute you when it is your turn to speak. Accessibility Support: The City of Edina wants all residents to be comfortable being part of the public process. If you need assistance in the way of hearing amplification, an interpreter, large-print documents or something else, please call 952-927- 8861 at least 72 hours in advance of the meeting. 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Approval of Meeting Agenda 5. Community Comment During "Community Comment," the Mayor will invite residents to share issues or concerns that are not scheduled for a future public hearing. Items that are on tonight's agenda may not be addressed during Community Comment. Individuals must limit their comments to three minutes. The Mayor may limit the number of speakers on the same issue in the interest of time and topic. Individuals should not expect the Mayor or Council to respond to their comments tonight. The City Manager will respond to questions raised during Community Comments at the next meeting. 5.1. City Manager's Response to Community Comments 6. Adoption of Consent Agenda All agenda items listed on the Consent Agenda will be approved by one motion. There will be no separate discussion of items unless requested to be removed by a Council Member. If removed the item will be considered immediately following the adoption of the Consent Agenda. (Favorable roll call vote of majority of Council Members present to approve, unless otherwise noted in consent item.) 6.1. Minutes: Work Session and Regular, Oct. 22, 2025 6.2. Payment of Claims Page 1 of 449 6.3. Resolution No. 2025-104: Setting Public Improvement Hearing Date for Prospect Knolls A/C/D Neighborhood Roadway Reconstruction 6.4. Resolution No. 2025-105: Setting Public Improvement Hearing Date for Parklawn Court Neighborhood Roadway Reconstruction 6.5. Resolution No. 2025-106: Setting Public Improvement Hearing Date for West 72nd Street Roadway Reconstruction 6.6. Traffic Safety Report of October 1, 2025 6.7. Request for Purchase: Natural Areas Long-Term Maintenance 2026-2028 Bid Assistance 6.8. Request for Purchase: Change Order #1: ENG 25-1 Presidents A & B Neighborhood Roadway Reconstruction 6.9. Ordinance No 2025-15: Amending City Code on Winter Work Restrictions on Roadway Surfacing 6.10. Resolution No. 2025-109: Approving Grant Application for Metropolitan Council Environmental Services 2026 Private Property Inflow and Infiltration Grant Program 6.11. Request for Purchase: Cityworks Annual Contract 6.12. Request for Purchase: City Hall Air Conditioner Condenser Units Replacements 6.13. Embedded Social Worker Agreement with Hennepin County and City of Richfield 6.14. Legal Services Agreement with Chestnut Cambronne, PA 6.15. Joint Community Police Partnership Contract Agreement Amendment 6.16. Resolution 2025-110: Community Partnerships Grant Acceptance from Minnesota Chiefs of Police Foundation 6.17. Approve Lease Renewal with General Sports at Braemar Arena 6.18. Fred Richards Park Wetland Bank Application Withdrawal To Pursue Wetland Preserve Alternative 6.19. Waive Permit Fees for Fred Richards Park Surcharge Bid Package One 6.20. Request for Purchase: Fred Richards Park Construction Contract 6.21. Request for Purchase: Fred Richards Park Facility Commissioning Services Page 2 of 449 6.22. Second Amendment to Redevelopment Agreement at 4620 W. 77th Street 6.23. Ordinance No. 2025-14: Amending City Code Concerning Lower Potency Hemp Edibles 6.24. Request for Purchase: Annual NeoGov LEARN and SSO Software 6.25. Declaration of Restrictive Covenants and Agreement for 4911 77th Street West 6.26. 2026-2027 Commission Work Plans 6.27. Resolution No. 2025-108: Resolution Designating the State Appeals Board as the City of Edina's Board of Appeals 7. Special Recognitions and Presentations 7.1. Proclamation: Recognizing that November 8-15, 2025, was Kindness Week Worldwide 7.2. Proclamation: Small Business Saturday in Edina 7.3. Minnesota Golf Association Member Golf Club of the Year Award Presentation to Braemar Golf Course 7.4. Edina Education Fund Presentation on Charitable Gambling 8. Public Hearings During "Public Hearings," the Mayor will ask for public testimony after staff and/or applicants make their presentations. The following guidelines are in place to ensure an efficient, fair, and respectful hearing; limit your testimony to three minutes and to the matter under consideration; the Mayor may modify times, as deemed necessary; avoid repeating remarks or points of view made by previous speakers. The use of signs, clapping, cheering or booing or any other form of verbal or nonverbal communication is not allowed. 8.1. PUBLIC HEARING: Resolution No. 2025- 107, Subdivision for 7235 France Avenue 8.2. PUBLIC HEARING: Resolution No. 2025-103: Approving the Issuance of Revenue Refunding Bonds by City of Oakdale, MN for the benefit of Ebenezer York Assisted Living, LLC 9. Reports/Recommendations: (Favorable vote of majority of Council Members present to approve except where noted) 9.1. Resolution No. 2025-111: Accepting Donations Page 3 of 449 9.2. Sketch Plan Review: 5780 Lincoln Drive (Kwik Trip) 9.3. Ordinance No. 2025-17: Amending Chapter 22 of the Edina City Code to Create a New Article XI Concerning Firearms 9.4. Resolution No. 2025-101: Amending the Spending Plan for the Southdale 2, Pentagon Park and 70th and Cahill Tax Increment Financing Districts 10. Commission Correspondence (Minutes and Advisory Communication) 10.1. Minutes: Parks & Recreation Commission Sept. 9, 2025 11. Manager's Comments 11.1. 2026 Board & Commission Interview and Selection Process 11.2. Quarterly Financial Report and Progress Portal Updates 11.3. Prep Memo of November 18, 2025 12. Mayor and Council Comments 13. Adjournment Page 4 of 449 d ITEM REPORT Date: November 18, 2025 Item Activity: Information Meeting: City Council Agenda Number: 5.1 Prepared By: Scott Neal, City Manager Item Type: Other Department: Administration Item Title: City Manager's Response to Community Comments Action Requested: None, information only. Information/Background: Responses to questions posed during Community Comment at the last meeting were posted on the City’s website (URL). City Manager Neal will provide summaries of those responses during the meeting. Supporting Documentation: None Page 5 of 449 d ITEM REPORT Date: November 18, 2025 Item Activity: Approve Meeting: City Council Agenda Number: 6.1 Prepared By: Sharon Allison, City Clerk Item Type: Minutes Department: Administration Item Title: Minutes: Work Session and Regular, Oct. 22, 2025 Action Requested: Approve minutes as presented. Information/Background: Supporting Documentation: 1. Minutes: Work Session, Oct. 22, 2025 2. Minutes: Regular, Oct. 22, 2025 Page 6 of 449 Page 1 MINUTES OF THE EDINA CITY COUNCIL WORK SESSION COMMUNITY ROOM, CITY HALL WEDNESDAY, OCTOBER 22, 2025 5:00 P.M. 1.0 CALL TO ORDER Mayor Hovland called the meeting to order at 5:00 p.m. 2.0 ROLL CALL Answering rollcall were Members Agnew, Jackson, Pierce, Risser and Hovland. Staff in attendance: Scott Neal, City Manager; Ari Lenz, Assistant City Manager; MJ Lamon, Special Projects & Engagement Manager; Chad Millner, Engineering Director; Jennifer Bennerotte, Communications Director; Zoe Johnson, City Management Fellow; Amy Murray, Risk Manager; Bill Neuendorf, Economic Development Manager; Emily Darlymple, Assistant City Planner; Cary Teague, Community Development Director; Andrew Scipioni, Transportation Planner; Marisa Bayer, Sustainability Manager; Edie Weinstein, Communication Intern; Nick Lovejoy I.T. Network Security Analyst; Sharon Allison, City Clerk; and City Attorney David Kendall. DOJ V. CITY OF EDINA MOTION TO CLOSE SESSION: As permitted by M.S. 13D.05 Subd. 3 to discuss attorney-client privilege regarding litigation, USDOJ v. City of Edina. Motion by Member Jackson, seconded by Member Pierce, to move into closed session. Motion carried. League of Minnesota Cities attorneys, Hannah Felix and Joe Neubauer updated the City on the DOJ v. City of Edina litigation. Motion by Member Jackson, seconded by Member Agnew, to move back into open session. Motion carried. 2026-2027 PROPOSED COMMISSION PLANS Lamon introduced the timeline, roles, and next steps for the 2026–2027 commission work plans, noting that Council approval is scheduled for December. Chair Cory Lukens, Energy & Environment Commission presented their work plan items. Chair Chris Brown, Transportation Commission, presented their work plan items virtually. Chair Jimmy Bennett. Planning Commission, presented their work plan items, and Chair Thomas Everson, Heritage Preservation Commission, presented their work plan items. Council asked questions and provided feedback. ADMINISTRATIVE UPDATES Lenz reported upcoming changes to the Council packet format to improve accessibility and usability. Some documents that are not American with Disability Act (ADA) compliant may no longer be included in the packet and will instead be accessible through the board portal. She explained that this change should benefit residents by making packets smaller and easier to navigate, while complete documents will still be available by request. ADA Compliance (WCAG 2.1 Level AA Standards) Bennerotte provided an overview of ADA WCAG 2.1 Level AA standards and the City’s path toward compliance by April 2026. ADA WCAG 2.1 Level AA means our website or online documents should be designed so that people with vision and hearing disabilities can easily access and use them. She emphasized that accessibility is a shared staff responsibility and outlined proactive steps being taken, Page 7 of 449 Minutes/Edina City Council Work Session/October 22, 2025 Page 2 including collecting compliance documentation from software vendors, redesigning the City’s website (launching Tuesday), and training staff on document remediation, a shift away from PDFs toward native HTML formats and the importance of ensuring key information is in staff reports rather than PowerPoints. During discussion, Council suggested creating a resource guide to help residents navigate the website, which Bennerotte supported. Bennerotte explained the balance between transparency and accessibility, noting that while not everything can remain posted online, residents can request any needed data. Council added ideas for an accessible “card catalog” system for archived materials, which Bennerotte said could be part of a remediation workaround plan, and asked if the City has a data governance process for managing document changes. Bennerotte said the City does not currently have trained staff for this but noted software solutions exist that could provide an ADA compliance verification stamp, which may be of interest to Council. Community Comment & Public Hearing Procedures (Call-in) Council agreed to leave the current process as is. In terms of cost, this primarily involves staff time and is viewed as a capacity issue rather than a financial one. 4.0 ADJOURNMENT Mayor Hovland adjourned the meeting at 6:55 p.m. Respectfully submitted, Sharon Allison, City Clerk Minutes approved by Edina City Council, November 4, 2025. James B. Hovland, Mayor Audio copy of the work session available. Page 8 of 449 Page 1 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL OCTOBER 22, 2025 7:00 P.M. I.0 CALL TO ORDER Mayor Hovland called the meeting to order at 7:04 p.m. 2.0 ROLLCALL Answering rollcall were Members Agnew, Jackson, Pierce, Risser, and Hovland. 3.0 PLEDGE OF ALLEGIANCE 4.0 MEETING AGENDA – APPROVED Member Jackson made a motion, seconded by Member Agnew, approving the meeting agenda. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. 5.0 COMMUNITY COMMENT Jan Del Calzo stated that there is a consensus that there is a lack of light in Grandview Square, and noted that extra lighting would be great around the park and along 5225 Grandview Square for dog walkers and for safety reasons. David Frenkel stated that for the proposed tunnel under France Avenue, he does not see ADA referenced anywhere except for an animated video on the east side of the proposed tunnel. Mr. Frankel stated that there has to be more attention paid to ADA compliance. Scott Mahan asked for more insight regarding what the changes in ordinances for the appeals process for the tree protection ordinance entail. He thanked Member Jackson for the discussion they had regarding alternative pathways for consideration and discussed what those alternatives were. 5.1. CITY MANAGER’S RESPONSE TO COMMUNITY COMMENTS City Manager Neal responded to Community Comments from current and past meetings. 6.0 CONSENT AGENDA – ADOPTED Member Jackson made a motion, seconded by Member Agnew, approving the consent agenda as revised to remove Item 6.8, Lease Agreement with Hennepin County for the Edina Art Center, as follows: 6.1. Approve regular and work session meeting minutes of October 7, 2025 6.2. Approve Claims for Payment for Check Register Pre-List Dated October 10, 2025, totaling $1,593,315.40, Check Register Claims Pre-List Dated September 30, 2025, totaling $542,449.99, and Check Register Claims Pre-List Dated October 3, 2025, totaling $6,455,332.38 6.3. Request for Purchase, Police Department Breakdown Remodel, awarding the bid to the recommended low bidder, Zephyr LLC., at $68,884.00 6.4. Request for Purchase, Railroad Crossing Safety & Quiet Zone Study, awarding the bid to the recommended low bidder, SRF at $63,827.50 6.5. Request for Purchase, Water Meter Replacement Project, awarding the bid to the recommended low bidder, Ferguson US Holdings Inc., at $6,998,550.25 6.6. Request for Purchase, Adobe Software Subscription, from LOGIS for $28,814.31 6.7. Approve Marketing Agreement with 2nd Swing for Braemar Golf Dome 6.8. Lease Agreement with Hennepin County for the Edina Art Center 6.9. Approve Two New On-Sale Wine and 3.2 Percent Malt Liquor Licenses Page 9 of 449 Minutes/Edina City Council/October 22, 2025 Page 2 6.10. Summary Publication for Ordinances 2025-09 and 2025-10 Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA 6.8. APPROVE LEASE AGREEMENT WITH HENNEPIN COUNTY FOR THE EDINA ART CENTER - APPROVED The Council asked for an explanation of the terms and conditions of the lease. Assistant Director Parks and Recreation Petersen noted that the lease is for 15,000 square feet plus tenant improvements, and that additional costs like snowplowing would be negotiated later and approved by Council. Member Jackson made a motion, seconded by Member Agnew, to approve the lease agreement with Hennepin County for the Edina Art Center. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. 7.0 SPECIAL RECOGNITIONS AND PRESENTATIONS 7.1. EDINA CHAMBER OF COMMERCE EXPLORE EDINA ANNUAL REPORT – PRESENTED Edina Chamber of Commerce President Shelly Loberg presented the Chamber’s Explore Edina annual report, including information regarding Explore Edina’s mission, operational expense breakdown, marketing programs and assets, website and destination guide, social media channels, paid social ads, organic social posts, local event sponsorship, marketing and event grant support, print advertising, digital marketing overview, media appearances, and Style Edina. The Council expressed concerns regarding how the lodging tax is spent and asked questions regarding whether funds are being used appropriately on tourism and on having a YouTube channel. Loberg presented a Statement of Financial Position for the Chamber and highlighted various line items and the Statement of Activity and outlined where money is being spent. Loberg noted that they are having an Economic Development Tour coming to Edina from Tennessee to see the various healthcare and education in the City. 8.0 PUBLIC HEARINGS HELD – Affidavits of Notice presented and ordered placed on file. 8.1. NEW ON-SALE INTOXICATING AND SUNDAY SALE LIQUOR LICENSES FOR 3945 MARKET LLC DBA THERESE - APPROVED City Clerk Allison stated that this item pertains to a new restaurant opening in November 2025. Allison noted that the staff did a background check and everything was found to be okay, and that she recommended approving the item tonight. Mayor Hovland opened the public hearing at 7:56 p.m. Public Testimony No one appeared to comment. Member Jackson made a motion, seconded by Member Agnew, to close the public hearing. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. Member Jackson made a motion, seconded by Member Agnew, to approve new On-Sale Intoxicating and Sunday Liquor Licenses for 3945 Market LLC. dba Therese. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. 8.2. RESOLUTION NO. 2025-99, APPROVING FINAL LAYOUT FOR PROJECT 2 OF THE I-494 CORRIDOR VISION IMPLEMENTATION PLAN - ADOPTED Page 10 of 449 Minutes/Edina City Council/October 22, 2025 Page 3 MnDOT Andrew Lutaya gave a presentation on the request for Municipal Consent, defined the I-494 Corridor vision, project scope and construction status of Phase I, project scope of Phase II, local cost participation for Edina, proposed MOT and staging, and Phase II delivery schedule. The Council asked questions regarding public input opportunities. Mayor Hovland opened the public hearing at 8:08 p.m. Public Testimony No one appeared to comment. Member Jackson made a motion, seconded by Member Pierce, to close the public hearing. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. Member Pierce introduced and moved adoption of Resolution No. 2025-99, approving final layout for Project 2 of the I-494 Corridor Vision Implementation Plan. Member Agnew seconded the motion. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. 8.3. RESOLUTION NO. 2025-101, AMENDING THE SPENDING PLAN FOR THE SOUTHDALE 2, PENTAGON PARK, AND 70TH AND CAHILL TAX INCREMENT FINANCING DISTRICTS - CONTINUED TO NOVEMBER 4, 2025 Economic Development Manager Neuendorf stated that this item pertains to amending the spending plan for 3 existing TIF districts. Mr. Neuendorf presented the background history on this item, State Legislation limits on how TIF Funds can be used, how Edina has used SPARC Funds, key changes in the spending plan, an alternate outcome if the amended spending plan is rejected, and the type of job-creating projects to consider with SPARC. The Council asked questions regarding whether the 3 TIF districts have been obligated, when Edina would see their share of funds if the TIF districts expire, and what happens to the interest that has been earned thus far. Neuendorf stated that $700,000 from Pentagon Park, $8,465,062 from Southdale 2, and $342,892 from 70th & Cahill were put towards the SPARC program in 2021. He stated that if this program expires at the end of 2025, they would have to work with their financial advisor, finance department, and legal advisors to determine where those monies belong, but would not be available until 2027 at the earliest. The Council asked questions regarding money being taken from the Wooddale Valley View TIF Districts. Neuendorf noted that the 70th & Cahill and the Wooddale Valley View are considered one account. Mayor Hovland opened the public hearing at 8:32 p.m. Public Testimony Lori Grotz addressed the Council. David Frenkel addressed the Council. Janey Westin addressed the Council. The Council asked questions regarding giving the money back, what the SPARC funds have been used for, and where the money would go if the projects expire. Neuendorf noted that one of the most notable uses of the SPARC funds was for the $2 million expense to build a new public street into Fred Richards Park, and at the Edina Theater for the public improvements and parking garage that were not in the budget. Page 11 of 449 Minutes/Edina City Council/October 22, 2025 Page 4 Member Jackson made a motion, seconded by Member Pierce, to close the in-person public hearing, keep public comment open until Sunday, October 26, 2025, and continue action to consider approval of amending the spending plan for the Southdale 2, Pentagon Park, and 70th and Cahill Tax Increment Financing Districts, to the November 4, 2025, City Council meeting. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. 9.0 REPORTS / RECOMMENDATIONS 9.1. RESOLUTION NO. 2025-102 ACCEPTING DONATIONS – ADOPTED Mayor Hovland explained that in order to comply with State Statutes; all donations to the City must be adopted by Resolution and approved by four favorable votes of the Council accepting the donations. Member Jackson introduced and moved adoption of Resolution No. 2025-102 accepting various grants and donations. Member Pierce seconded the motion. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. 10.0 COMMISSION CORRESPONDENCE (MINUTES AND ADVISORY COMMUNICATION) – Received 10.1. MINUTES: ENERGY AND ENVIRONMENT COMMISSION, AUGUST 14 AND SEPTEMBER 11, 2025 10.2. MINUTES: TRANSPORTATION COMMISSION, AUGUST 21, 2025 11.0 MANAGER’S COMMENTS – Received 11.1 PPREP MEMO OF OCTOBER 22, 2025 12.0 MAYOR AND COUNCIL COMMENTS – Received 12.1. GUN VIOLENCE PREVENTION ADVOCACY Council directed staff to write a new resolution based on their discussion. 13.0 ADJOURNMENT Member Jackson made a motion, seconded by Member Pierce, to adjourn the meeting at 9:48 p.m. Ayes: Agnew, Jackson, Pierce, Risser, Hovland Motion carried. Respectfully submitted, Sharon Allison, City Clerk Minutes approved by Edina City Council, November 4, 2025. James B. Hovland, Mayor Video Copy of the October 22, 2025, meeting available. Page 12 of 449 d ITEM REPORT Date: November 18, 2025 Item Activity: Approve Meeting: City Council Agenda Number: 6.2 Prepared By: Pa Thao, Finance Director Item Type: Claims Department: Finance Item Title: Payment of Claims Action Requested: Approve claims for Payment Information/Background: A summary of the payment of claims is provided below. For security purposes, the detailed claims report will be available to City Council members through the secure Board Portal. The full report remains a public record and can be obtained by anyone through the City’s data request process. List of Payment Claims: 1. Check Register Claims Pre-List Dated 09.30.2025 Total $149,395.00 (1011) 2. Check Register Claims Pre-List Dated 10.17.2025 Total $3,279,547.43 3. Check Register Claims Pre-List Dated 10.24.2025 Total $1,040,240.45 4. Check Register Claims Pre-List Dated 10.31.2025 Total $1,852,752.99 5. Check Register Claims Pre-List Dated 10.31.2025 Total $1,995,244.85 (1011) 6. Check Register Claims Pre-List Dated 10.31.2025 Total $17,076.84 (1011) 7. Check Register Claims Pre-List Dated 11.07.2025 Total $3,827,828.72 Page 13 of 449 d ITEM REPORT Date: November 18, 2025 Item Activity: Approve Meeting: City Council Agenda Number: 6.3 Prepared By: Aaron Ditzler, Assistant City Engineer Item Type: Report & Recommendation Department: Engineering Item Title: Resolution No. 2025-104: Setting Public Improvement Hearing Date for Prospect Knolls A/C/D Neighborhood Roadway Reconstruction Action Requested: Approve Resolution No. 2025-104 setting public hearing date for December 8, 2025, for Prospect Knolls A, C and D Neighborhood Roadway Reconstruction. Information/Background: Project area map is attached showing the streets that are included for reconstruction in 2026. Staff will present the details of a preliminary engineering study associated with the project area. Resources/Financial Impacts: • The improvements, if approved at the hearing, will be funded by special assessments, property taxes, respective utility funds and the Pedestrian and Cyclist Safety (PACS) fund. • Public Works will maintain the infrastructure following the warranty period. Relationship to City Policies: The improvements are listed in the 2025-2030 Capital Improvement Plan (CIP) under CIP numbers 19-308, 19-309, and ENG 23001. Budget Pillar: Strong Foundation Values Impact: Stewardship Replacing aging infrastructure at the appropriate time is sound asset management practice. Supporting Documentation: 1. Resolution No. 2025-104: Setting Public Improvement Hearing Date for Prospect Knolls A/C/D Neighborhood Roadway Reconstruction 2. Project Area Map Page 14 of 449 RESOLUTION NO. 2025-104 SET PUBLIC IMPROVEMENT HEARINGS FOR DECEMBER 8, 2025, FOR PROSPECT KNOLLS A, C and D NEIGHBORHOOD ROADWAY RECONSTRUCTION BE IT RESOLVED BY THE CITY COUNCIL OF EDINA, MINNESOTA, that a public hearing shall be held on the 8th day of December 2025, at 6:00 p.m., to consider roadway reconstruction for Prospect Knolls A, C and D Neighborhood Roadway Reconstruction, and at such time and place all persons owning property affected by such Improvement will be given an opportunity to be heard. BE IT FURTHER RESOLVED that the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. Dated: November 18, 2025 Attest: _____________________________ _________________________________ Sharon Allison, City Clerk James B. Hovland, Mayor STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of November 18, 2025, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this ______ day of _____________, 20___. ____________________________________ Sharon Allison, City Clerk Page 15 of 449 Page 16 of 449 RESOLUTION NO. 2025-105 SET PUBLIC IMPROVEMENT HEARINGS FOR DECEMBER 8, 2025, FOR PARKLAWN COURT NEIGHBORHOOD ROADWAY RECONSTRUCTION BE IT RESOLVED BY THE CITY COUNCIL OF EDINA, MINNESOTA, that a public hearing shall be held on the 8th day of December 2025, at 6:00 p.m., to consider roadway reconstruction for Parklawn Court Neighborhood Roadway Reconstruction, and at such time and place all persons owning property affected by such Improvement will be given an opportunity to be heard. BE IT FURTHER RESOLVED that the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. Dated: November 18, 2025 Attest: _____________________________ _________________________________ Sharon Allison, City Clerk James B. Hovland, Mayor STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of November 18, 2025, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this ______ day of _____________, 20___. ____________________________________ Sharon Allison, City Clerk Page 17 of 449 4401 4145 440141414435 4201 4100-20 4351 7600 7625 4451 4480 44254350 4440 441542804251 4250 4456 4456 4452438042004300-2 8 7337 7401 7403 74107404 7400 732673287330733473327336733873407323444444464448 4450 4400 Project Limits PARKLAW N CTW 76TH ST PARKLAWN AVE PARKLAWN AVE/ Engineering DeptMay 2025 2026 Project AreaParklawn Ct Neighborhood Roadway ReconstructionCITYOFEDINAMIN N ESOTAINCORPORA T E D 1888 ,e Page 18 of 449 d ITEM REPORT Date: November 18, 2025 Item Activity: Approve Meeting: City Council Agenda Number: 6.5 Prepared By: Chad Millner, Engineering Director Item Type: Report & Recommendation Department: Engineering Item Title: Resolution No. 2025-106: Setting Public Improvement Hearing Date for West 72nd Street Roadway Reconstruction Action Requested: Approve Resolution No. 2025-106 setting public hearing date for December 8, 2025 for West 72nd Street Roadway Reconstruction. Information/Background: This project is associated with the South Trunk Sanitary Sewer Improvements and the development project at 7200 France Avenue. 72nd Street will be reconstructed between Cornelia Avenue and France Avenue in 2026. The majority of the work is associated with the south trunk sanitary sewer project. The street is being designed with comments from the neighborhood related to traffic concerns. Staff will present the details of a preliminary engineering study associated with the project area. Resources/Financial Impacts: • The improvements, if approved at the hearing, will be funded by special assessments, property taxes, respective utility funds and the Pedestrian and Cyclist Safety (PACS) fund. • Public Works will maintain the infrastructure following the warranty period. Relationship to City Policies: The improvements are listed in the 2025-2030 Capital Improvement Plan (CIP) under CIP number ENG 21055. Supporting Documentation: 1. Resolution No. 2025-106: Setting Public Improvement Hearing Date for West 72nd Street Roadway Reconstruction Page 19 of 449 RESOLUTION NO. 2025-106 SET PUBLIC IMPROVEMENT HEARING FOR DECEMBER 8, 2025, FOR 72ND STREET ROADWAY RECONSTRUCTION BE IT RESOLVED BY THE CITY COUNCIL OF EDINA, MINNESOTA, that a public hearing shall be held on the 8th day of December 2025, at 6:00 p.m., to consider roadway reconstruction for 72nd Street Roadway Reconstruction, and at such time and place all persons owning property affected by such Improvement will be given an opportunity to be heard. BE IT FURTHER RESOLVED that the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. Dated: November 18, 2025 Attest: _____________________________ _________________________________ Sharon Allison, City Clerk James B. Hovland, Mayor STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of November 18, 2025, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this ______ day of _____________, 20___. ____________________________________ Sharon Allison, City Clerk Page 20 of 449 d ITEM REPORT Date: November 18, 2025 Item Activity: Approve Meeting: City Council Agenda Number: 6.6 Prepared By: Andrew Scipioni, Transportation Planner Item Type: Report & Recommendation Department: Engineering Item Title: Traffic Safety Report of October 1, 2025 Action Requested: Approve the staff recommendations in the Traffic Safety Report of October 1, 2025. Information/Background: The Traffic Safety Committee recommends action on two items, no action on four items and further study on one item. The Transportation Commission reviewed the report at their October 23 regular meeting. See attached report. Resources/Financial Impacts: Traffic control signage and pavement markings within the public right-of-way are owned and maintained by the Public Works Department. Changes or additions to signage or markings will be funded through the Streets Division operating budget or the Pedestrian and Cyclist Safety (PACS) Fund. Relationship to City Policies: The recommendations in this report support the goal in the Transportation Chapter of the Comprehensive Plan to "manage, maintain and operate roadways to maximize wherever possible the safety and mobility of all users and all modes." The staff recommendations are guided by the Minnesota Manual on Uniform Traffic Control Devices and the City's local traffic policies. Supporting Documentation: 1. Traffic Safety Report of October 1, 2025 Page 21 of 449 City of Edina • 4801 W. 50th St. • Edina, MN 55424 Information / Background: The Traffic Safety Committee (TSC) review of traffic safety matters occurred on October 1. The Traffic Safety Coordinator, Transportation Planner, Engineering Director, Assistant City Planner and Traffic Safety Specialist were in attendance for this meeting. On each of the items, persons involved have been contacted and the staff recommendation has been discussed with them. They were informed that if they disagree with the recommendation or have additional facts to present, they can submit correspondence to the Transportation Commission and/or to City Council prior to the November 4 meeting. Section A: Items on which the Traffic Safety Committee recommends action A1. Request for pedestrian safety improvements along Ridgeview Dr Staff recommends adding a striped parking lane on Ridgeview Dr between the railroad tracks and W 66th St. This work will be performed in Spring 2026. Date: To: From: November 18, 2025 Mayor and City Council Nick Bauler, Traffic Safety Coordinator Subject: Traffic Safety Report of October 1, 2025 Action Requested: Approve the staff recommendations. Description Requester and children feel unsafe when on sidewalk with vehicle volumes and speeds on Ridgeview. AADT 5,197 (2024) 85% Speed N/A Crashes One at Ridgeview and Valley Ln. 2016 Heavy snow conditions. Street Width 35’ – one-sided parking on west side. Northbound driving lane is 14’ Southbound driving (& parking) lane is 21’ Bike/Ped Facilities Sidewalk on west side of Ridgeview Previous Work Last overlay in 2004 Last seal coat in 2008 Future Work No plans in 5-year CIP Ridgeview Dr Page 22 of 449 City of Edina • 4801 W. 50th St. • Edina, MN 55424 A2. Request for speed limit signs on W 74th St Staff recommends adding a gateway speed limit sign on Bush Lake Rd north of W 78th St. Section B: Items on which the Traffic Safety Committee recommends no action B1: Request to lower speed limit on Interlachen Blvd to 25 mph Staff recommends no action. Staff is considering a future reconstruction of Interlachen Blvd between Blake Rd and Mirror Lakes Dr that would improve pedestrian and bicycle facilities and may provide opportunities for traffic calming treatments. Description Edina Police Sergeant noticed increased speeds on W 74th and requested a speed limit sign. ADT 4,240 (2025) 2,985 (2021) 85% Speed 32.8 mph (2025) 32.7 mph (2021) Crashes One rear-end of a parked truck in front of Edina Public Works Previous Work W 74th lowered to 25 mph speed limit (from 30 mph) in 2022. Unique Circumstances W 74th has one of highest volumes in Edina not classified as Municipal State-Aid Street Bike/Ped Facilities Sidewalk on south side of W 74th Description Requester states pedestrians and cyclists would benefit from a lower speed limit. AADT 7,260 (2024) 85% Speed 38.3 mph (2015) Crashes 17 (four rear-ends, seven angle. Only one during winter months) Previous Work Interlachen was overlaid in 2019. Unique Circumstances Two permanent dynamic speed display signs west of Oxford Ave. Bike/Ped Facilities Sidewalk on south side from Mirror Lakes to Vernon Ave. Standard bike lanes present. A proposed shared use path is planned between Blake Rd and Mirror Lakes Dr. W 74th St Interlachen Blvd Page 23 of 449 City of Edina • 4801 W. 50th St. • Edina, MN 55424 B2: Request for speed limit signs on Long Brake Trl Staff recommends no action. B3: Sight line complaints at W 44th St and North Ave Staff recommends no action. B4: Sight line complaints at 7401 Bush Lake Rd Staff recommends no action. The property owner may consider signing the northern driveway as “exit only" and the southern driveway as “enter only” to minimize sight line impacts. Description Resident complained of vehicles passing them on the left when turning onto street. ADT N/A 85% Speed N/A Crashes None reported in past 10 years. Previous Work This Dewey Hill neighborhood was overlaid in 2015 Bike/Ped Facilities None between Delaney and Gleason Rd. Description Resident is requesting a tree be cut down to improve sight lines looking west over Minnehaha Creek at W 44th St and North Ave. AADT 3,655 – W 44th St (2024) Crashes None reported in past 10 years. Unique Circumstances Bridge guard rail also impacts sight lines. Previous Work W 44th reconstructed in 2011 North Ave was overlaid in 2020 Future Work W 44th Overlay planned for 2028 Description Guests exiting driveway of 7401 Bush Lake have little visibility when parking is used adjacent to property. AADT 5,134 (2023) Crashes Crash reported of vehicle exiting driveway in April 2022. Unique Circumstances Parking restrictions removed in 2019 to accommodate businesses. Previous Work Bush Lake was overlaid in 2018 Discussion Any other options to improve sight lines besides adding parking signage? Long Brake Trl W 44th St looking west from North Ave over Minnehaha Creek 7401 Bush Lake Rd Page 24 of 449 City of Edina • 4801 W. 50th St. • Edina, MN 55424 Section C: Items on which the Traffic Safety Committee recommends further study C1. Request to remove No Outlet signs in Country Club neighborhood Staff recommends researching alternative signage for this area and engaging the adjacent property owners about possible parking restrictions. Section D: Other traffic safety items D1. Two requests for stop controls at 3-way intersections; Chowen Ave and Chowen Curve along with Paiute Pass and Sally Ln. These intersections are uncontrolled with adequate visibility for stopping distances, low volumes and no crash history. Stop controls do not meet warrants. D2. A homeowner on Lake Ridge Rd and Blake Rd is requesting a guardrail to be installed adjacent to their property as it’s along a curve. The homeowner reported a vehicle ran off road this past into their property. This portion of Blake was reconstructed in 2023 and a guardrail did not meet state design requirements, no action recommended by staff. D3. A resident on the 5600 block of Bernard Pl requested staff remove a road closed sign following no work taking place for weeks. The private contractor managing the project was notified and the sign was removed. D4. A reported crash involving a 12 year-old at W 58th and Xerxes. Residents request the 2-way stop be switched to an all-way stop. Hennepin County reviewed this intersection and is recommending no changes due to crash history and vehicle volumes. D5. A complaint of visibility at the southwest corner of York Ave and W 66th St. Staff contacted the maintenance group in charge of this area and the issue was resolved. Description Resident noticed two No Outlet signs – Sunnyside Rd & Browndale Ave and at W 44th St and Mackey Ave, where outlets are available. ADT N/A – 36 homes are within impacted neighborhood. Crashes One rear-end crash in 2017 due to icy roads. Street Width 17’ face to face of curb Unique Circumstances Parking is restricted only on the south side of Sunnyside. Recommendation Remove No Outlet signs and install parking restrictions on north side of Sunnyside for EMS access. No Outlet signs in Country Club neighborhood Page 25 of 449 City of Edina • 4801 W. 50th St. • Edina, MN 55424 D6. Many complaints received during new closures around the Vernon Ave bridge project. Staff from many departments are requesting commuters use extra caution and be patient until the completion of the project. D7. A submission was received for a dead animal along the 5300 block of Halifax Ave. Proper staff was notified of the submission. D8. A request for a permanent speed display sign for traffic on Dewey Hill Rd. Staff will review Dewey Hill once a policy for a speed display sign is adopted. D9. A resident who lives adjacent to Woodland Rd West and Concord Ave S requested all-way stop controls at the intersection. Stop controls are only warranted for westbound vehicles and no other warrants along Concord Ave are met. The proximity to Concord and Southview Ln could cause additional congestion and lack of stopping properly. D10. A complaint was made of a traffic signal not operating properly at W 77th St and Normandale Rd, east of HWY 100. MnDOT fixed the issue. D11. A complaint of a pedestrian cross button not working at W 65th St and France Ave. Hennepin County staff was notified and fixed the issue. D12. A resident was hit in a crosswalk in the southwest corner of W 51st St at France Ave and is requesting crossing safety improvements. Hennepin County is working with City staff with an upcoming project along France Ave. Safety improvements are planned. D13. A request for temporary all-way stop controls at W 44th St and Brookside Ave during the final closure of ramps during the Vernon Ave bridge closure. Staff is monitoring possible detours to see if changes are needed. The intersection will remain one-way stop controlled for the time being. D14. A request for a traffic mirror at a residential driveway along Valley View Rd, west of Gleason. Edina does not utilize mirrors for sight lines. The resident was encouraged to trim vegetation to improve visibility. D15. A bicyclist requested improved bike lanes on Wooddale Ave between Valley View Rd and W 50th St. Staff will consider improvements with an anticipated 2026 overlay project. D16. Many complaints received regarding tenants at the new Eddi residence parking on Computer Ave. Property management was notified of City parking policies and parking restrictions were reinstalled on the west side of Computer following the development project. Page 26 of 449 City of Edina • 4801 W. 50th St. • Edina, MN 55424 Section E: Items recommended for police enforcement E1. A complaint was made of drivers speeding and not stopping for pedestrians on Market St and requested enforcement. The EPD was notified of the request. E2. A complaint of vehicles parking illegally on W 72nd St, west of France Ave. Edina Police was notified and added the area to their patrol list for enforcement. E3. A resident complained of minor children not wearing proper helmet and following safety measures on an all-terrain vehicle along Madison Ave. The EPD was notified of the instance. E4. Complaints of vehicles consistently exceeding the speed limit on W 70th St and W 78th St. EPD was notified for enforcement. E5. Two complaints submitted for speed enforcement on Valley View Rd between Benton Ave and Wooddale Ave. The EPD was notified of the concern. E6. An abandoned vehicle was reported on W 60th St near Josephine Ave. The concern was sent to EPD for review. Page 27 of 449 d PURCHASE REPORT Date: November 18, 2025 Item Activity: Approve Meeting: City Council Agenda Number: 6.7 Prepared By: Jessica Vanderwerff Wilson, Water Resources Coordinator Item Type: Request for Purchase Department: Engineering Item Title: Request for Purchase: Natural Areas Long-Term Maintenance 2026-2028 Bid Assistance Action Requested: Approve Request for Purchase for natural areas long-term maintenance 2026-2028 bid assistance with Resource Environmental Solutions (RES) for $23,599. Information/Background: The proposal is for assistance in preparing a bid package for natural area long-term maintenance for 2026-2028. Requisition Number: 12500260 Funding Source: Stormwater Utility Fund, Natural Areas Management Budget Vendor: Resource Environmental Solutions (RES) Equipment Status: N/A Cost: $23,599 Resources/Financial Impacts: This project is funded by the stormwater utility fund, natural areas management budget. Relationship to City Policies: Climate Action Plan Water Resources Management Plan Budget Pillar: Livable City Values Impact: Sustainability Natural areas restoration and maintenance supports clean water and a healthy ecosystem. Supporting Documentation: 1. Proposal: Bid Assistance for Long-Term Maintenance 2026-2028 Page 28 of 449 Minnesota Office 20276 Delaware Avenue Jordan, MN 55352 Corporate Headquarters 6575 West Loop South, Suite 300 Bellaire, TX 77401 Main: 713.520.5400 Edina Long-term Maintenance 2026-2028 – Proposal for Bid Assistance 1 October 28, 2025 Jessica Vanderwerff Wilson, Water Resources Manager City of Edina 7450 Metro Boulevard Edina, MN 55439 Subject: Edina Long-term Maintenance 2026-2028 – Proposal for Bid Assistance (RES 113513) Dear Jessica, Thank you for requesting this proposal from Resource Environmental Solutions (RES) for Edina’s Long-term Maintenance 2026-2028 Bid Assistance as part of our Master Agreement with the City of Edina (RES 106092). As part of this project, RES will assess the City-identified parks and natural areas, outline restoration and management tasks for each area to be completed over the next three years in order to meet City goals, and assist the City in preparing a bid package for the project. RES will attend the pre-bid meeting and answer any questions or concerns that are raised by the City or the bidders. RES appreciates the opportunity to present you with this proposal. Please contact us if you have any questions, comments, or additional needs. We look forward to continuing our work with you and the City of Edina. Sincerely, Doug Mensing, MS, CMWP, CERP Benjamin Staehlin, MS, CMWP Project Director | Senior Ecologist Project Manager | Ecologist 3 dmensing@res.us | (612) 202-2252 bstaehlin@res.us | (773) 251-0960 Page 29 of 449 Edina Long-term Maintenance 2026-2028 – Proposal for Bid Assistance 2 PROJECT TASKS Task 1. Support Bid Development RES will review our RES-developed data and data provided by the City in order to prepare technical sections of a bid package developed for implementation of ecological management tasks at eleven (11) sites identified by the City of Edina. These sites include continued maintenance at the sites addressed in the 2023-2025 Maintenance project, and some sites have been combined: 1. Braemar Park – Academy 9 2. Braemar Park – Championship Course (including Braemar Moraine; excluding new mountain bike and trail areas) 3. Arden Park 4. Rosland Park (including Swimming Pool Pond and Lake Cornelia Buffer) 5. Bredesen Park (Olinger Road entrance) 6. Pamela Park 7. Yancey (formerly Garden) Park 8. Wooddale Path (2023 install) 9. Melody Lake Buffer (2022 install) 10. Weber Park and Lynn/Kipling Inundation Area (2023 install) 11. Mirror Lake Maintenance Access Path (2025 install) 12. Arrowhead Lake Public Parcel The City will prepare the front section of the bid package and complete the specifications book using information provided by RES. RES will provide technical bid materials: plan view figures of work areas at appropriate scale, construction details (as needed), written technical specifications, performance standards, estimated quantities, implementation schedule, and a blank bid tab. These materials will be sufficient for a qualified natural resources restoration firm to bid and execute the work. RES will provide an opinion of probable cost (OPC) for management of each site for the duration of the contract (i.e., through 2028). To prepare technical elements of the bid package and enable development of the OPC, RES will conduct field visits as needed to confirm project work areas, site conditions, ecological restoration and management needs, and access constraints. Deliverables: a) technical components of bid package (i.e., figures, specifications, schedule, bid tab); b) opinion of probable cost Task 2. Support Bid Process The City will issue the bid package for public bidding. RES will prepare for and participate in one (1) pre-bid meeting, provide clarifications in response to bidder questions, and issue up to one (1) addendum, if needed. Deliverables: a) participation in pre-bid meeting; b) clarifications in response to bidder questions; c) issue addendum, if needed Page 30 of 449 Edina Long-term Maintenance 2026-2028 – Proposal for Bid Assistance 3 BUDGET Task Description RES Labor ($) RES Expenses ($) Total Budget ($) Task 1. Support Bid Development $ 20,455 $ 28 $ 20,483 Task 2. Support Bid Process $ 3,095 $ 21 $ 3,116 Project Total $ 23,550 $ 49 $ 23,599 RES will invoice the City monthly, on a time and materials basis, not to exceed the Project Total Budget presented above. SCHEDULE RES understands that the City would like to issue the bid package no later than the end of February 2026 so a contractor can be selected and contracts finalized to allow for work to commence no later than May 2026. Page 31 of 449 Edina Long-term Maintenance 2026-2028 – Proposal for Bid Assistance 4 Acceptance In signing below, each party agrees to abide by all terms and conditions presented in this Agreement and the defined contents. Work will begin upon receipt of this signed authorization. **PLEASE SIGN AND RETURN to RES. An executed contract amendment containing both signatures will be returned to you. This Agreement is not binding upon RES until executed by an officer of RES. Table 1 – RES HGS, LLC dba RES Signature: Date: Name: William Stoll Title: Regional Manager, Region 4 6575 West Loop South, Suite 300 Bellaire, TX 77401 Phone: 712.520.5400 Fax: Email: wstoll@res.us Table 2 – City of Edina Client: City of Edina Signature: Date: Name: Title: Address: City, State, Zip: Phone: Fax: Email: Table 3 - Billing Billing Address: Mark if same as above. Company: Name: Title: Address: City, State, Zip: Phone: Fax: Email: Page 32 of 449 d PURCHASE REPORT Date: November 18, 2025 Item Activity: Approve Meeting: City Council Agenda Number: 6.8 Prepared By: Aaron Ditzler, Assistant City Engineer Item Type: Request for Purchase Department: Engineering Item Title: Request for Purchase: Change Order #1: ENG 25-1 Presidents A & B Neighborhood Roadway Reconstruction Action Requested: Approve Request for Purchase: Change Order #1: ENG 25-1 Presidents A & B Neighborhood Roadway Reconstruction Information/Background: This change order extends the contract 8-months from November 14, 2025 to July 15, 2026. The project involves reconstruction of 2.75 miles of local streets, two alleys, the replacement of existing concrete curb and gutter, replacement of asphalt streets, construction of new concrete sidewalk and asphalt paths, and localized rehabilitation of the sanitary sewer, watermain and storm sewer systems in the neighborhood. The project also includes watermain lining on Chapel Drive. The project area includes Adams Avenue, Belmore Lane, Harrison Avenue, Jackson Avenue, Jefferson Avenue, Monroe Avenue, Madison Avenue, Tyler Avenue, Tyler Court, Van Buren Avenue, Washington Avenue, 3rd Street and Chapel Drive; Requisition Number: 12500085 Funding Source: The improvements will be funded by special assessments, property taxes, respective utility funds and the Pedestrian and Cyclist Safety (PACS) fund Vendor: Valley Paving, Inc. Equipment Status: Replacement Cost: $0.00 Resources/Financial Impacts: • The improvements will be funded by special assessments, property taxes, respective utility funds and the Pedestrian and Cyclist Safety (PACS) fund. • The preliminary roadway and alley assessments per REU approved at the December 2025 public hearing were $8,600 and $1,300, respectively. The estimated roadway and alley assessments per REU with the low bid are $7,500 and $1,000, respectively. • Public Works will maintain the infrastructure following the warranty period. Relationship to City Policies: The improvements are listed in the 2025-2030 Capital Improvement Plan (CIP) under CIP numbers 19-310 and ENG25100. Page 33 of 449 Budget Pillar: Strong Foundation Values Impact: Stewardship Replacing aging infrastructure at the appropriate time is sound asset management practice. Supporting Documentation: 1. Change Order #1: Presidents A/B Roadway Reconstruction Page 34 of 449 11/5/25 Page 35 of 449 d ITEM REPORT Date: November 18, 2025 Item Activity: Approve Meeting: City Council Agenda Number: 6.9 Prepared By: Andrew Reinisch, Engineering Technician Item Type: Ordinance Department: Engineering Item Title: Ordinance No 2025-15: Amending City Code on Winter Work Restrictions on Roadway Surfacing Action Requested: Approve Ordinance No 2025-15: Amending City Code on Winter Work Restrictions on Roadway Surfacing on first reading and waive second reading. Information/Background: This change is adopting winter work restrictions to prevent non-emergency utility work from disturbing roadways, driveways, and sidewalks during seasons when pavement restoration cannot be completed properly. This restriction is consistent with adjacent cities and Hennepin County. November 15th to April 15th will be the default window. If weather conditions and pavement plants allow, special permission may be given within the restricted dates. Resources/Financial Impacts: This change will be part of the normal right-of-way permitting process. No budget changes. Relationship to City Policies: This change aligns with the Comprehensive Plan for orderly land use and permitting. Supporting Documentation: 1. Ordinance No. 2025-15 Amending Chapter 24 Article 3 Page 36 of 449 ORDINANCE NO. 2025-15 AN ORDINANCE AMENDING CHAPTER 24, ARTICLE 3 CONCERNING WINTER WORK RESTRICTIONS ON ROADWAY SURFACING THE CITY COUNCIL OF EDINA ORDAINS: Section 1. Chapter 24, Article III, Section 24-53, Subd. (a) is amended with the following original text, deleted text, and new text: Sec. 24-53. Standards for construction and installation. (a) General standards. The excavation, backfilling, patching restoration and all other work performed in the right-of-way must be done in conformance with all applicable Minnesota Rules, including without limitation Minnesota Rules Chapter 7560, Rules 7819.1100, 7819.5000 and 7819.5100, as well as all of the requirements of this city Code and its other conditions and requirements in so far as they are not inconsistent with Minn. Stats. §§ 237.162 to 237.163. The permit holder shall comply with the following standards when performing the work authorized under the permit: (1) Take such precautions as are necessary to avoid creating unsanitary conditions. Observe and comply with all laws, rules and regulations of the state and city. (2) Conduct the operations and perform the work in a manner as to insure the least obstruction to and interference with traffic. (3) Take precautions to insure the safety of the general public and those who require access to abutting property. (4) Notify adjoining property owners prior to commencement of work which may disrupt the use of and access to such adjoining properties. (5) Comply with the Uniform Traffic Manual for Traffic Control at all times during construction or installation. (6) Exercise caution at all times for the protection of persons, including employees and property. (7) Protect and identify excavations and work operations with barricade flags and by warning lights at night. (8) Provide proper trench protection as required by O.S.H.A. when necessary and depending upon the type of soil, in order to prevent cave-ins endangering life or tending to enlarge the excavation. (9) Protect the root growth of trees and shrubbery. (10) If possible, provide for space in the installation area for other telecommunication right-of-way users and other companies which install facilities in public rights-of- way. Page 37 of 449 Ordinance No. 2025-15 2 (11) Maintain access to all properties and cross streets during construction and installation, except as allowed by permit, and maintain emergency vehicle access at all times. (12) Maintain alignment and grade unless otherwise authorized by the city. Changes not approved by the city will require removal and reconstruction. (13) During plowing or trenching of facilities, a warning tape must also be placed at a depth of 12 inches above copper cables with over 200 pairs and above fiber facilities. (14) Below concrete or bituminous paved road surfaces, directional bore facilities must be installed in conduit of a type specified in the permit. (15) The placing of all telecommunications facilities must comply with the National Electric Safety Code, as incorporated by reference in Minn. Stats. § 326.243. (16) Locate property lines near right-of-way lines and replace any destroyed property corners. A Minnesota licensed surveyor must be used. (17) Excavations, trenches and jacking pits off the roadway or adjacent to the roadway or curbing shall be sheathed and braced depending upon location and soil stability and as directed by the city. (18) Excavating, trenches and jacking pits shall be protected when unattended to prevent entrance of surface drainage. (19) All backfilling must be placed in six-inch layers at optimum moisture and compacted with the objective of attaining 95 percent of standard proctor. Compaction shall be accomplished with hand, pneumatic or vibrating compactors as appropriate. (20) Backfill material shall be subject to the approval of the city public works director. The city public works director may permit backfilling with the material from the excavation provided such material is granular in nature and acceptable to the city public works director. (21) Compacted backfill shall be brought to bottom of the gravel of the approved street section. (22) Street and pedestrian traffic shall be maintained throughout construction unless provided otherwise by the permit. (23) No lugs damaging to roadway surfaces may be used. (24) Dirt or debris must be periodically removed during construction. (25) No work permitted within road surface during Winter (November 15 through April 15), or Saturdays, Sundays, or holidays unless daily "Special Permission" is obtained from the engineer. (2526) Other reasonable standards and requirements of the city public works director. Section II. This ordinance shall be effective immediately upon its passage and publication. Page 38 of 449 Ordinance No. 2025-15 3 ADOPTED this 18th day of November, 2025, by the City Council of the City of Edina, Minnesota. First Reading: November 18, 2025 Second Reading: Waived ATTEST: Sharon Allison, City Clerk James B. Hovland, Mayor Please publish in the Edina Sun Current on _____ Send one affidavit of publication Bill to Edina City Clerk Page 39 of 449 d ITEM REPORT Date: November 18, 2025 Item Activity: Approve Meeting: City Council Agenda Number: 6.10 Prepared By: Chad Millner, Engineering Director Item Type: Report & Recommendation Department: Engineering Item Title: Resolution No. 2025-109: Approving Grant Application for Metropolitan Council Environmental Services 2026 Private Property Inflow and Infiltration Grant Program Action Requested: Approve Resolution No. 2025-109: Approving Grant Application for Metropolitan Council Environmental Services (MCES) 2026 Private Property Inflow and Infiltration Grant Program Information/Background: The Metropolitan Council Environmental Services (MCES) has a private property inflow and infiltration (I/I) grant program. The goal of the program is to assist private property owners with financial assistance to remove I/I from the regional interceptor system through repairs of the sewer lateral or foundation drain on the property. MCES has committed to assigning funds every year from the PayGo fund for this grant program. This program will pass through funding from the Met Council to private property owners to help defray the cost of lining or replacing sanitary sewer service lines and furthering the City and Met Council goal of infiltration and inflow reduction. Staff will silicate applications with our street reconstruction program. Resources/Financial Impacts: This opportunity will be administered as part of the 2026 Street Reconstruction Program. Relationship to City Policies: This grant aligns with the Comprehensive Plan, Water Resources Management Plan and the Capital Improvement Plan. Supporting Documentation: 1. Resolution No. 2025-109 Authorizing to Sign Grant Agreement Page 40 of 449 RESOLUTION NO. 2025-109 APPROVING GRANT APPLICATION FOR METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES (MCES) 2026 PRIVATE PROPERTY INFLOW AND INFILTRATION GRANT PROGRAM WHEREAS, through efforts coordinated with the Metropolitan Cities Association and the Metropolitan Council, the 2023 Minnesota Legislature authorized any city, township, or political subdivision of the state to provide loans and grants to property owners to assist the owners in financing the cost of abating inflow and infiltration on their property; and WHEREAS, the Metropolitan Council Environmental Services (MCES) Division has committed $1.5 million in funding to provide grants to private property owners to help with repairs that will remove and prevent clear water from entering the wastewater treatment system; and WHEREAS, MCES convened a task force to define processes, guidelines and schedules for the grant program, has identified the City of Edina as one of many metro cities having an excessive amount clear water inflow and infiltration into the sanitary sewer system; and WHEREAS, the City of Edina is willing to faithfully administer all terms of the grant for the benefit of its property owners. NOW, THEREFORE, BE IT RESOLVED that the City of Edina will submit application to the Metropolitan Council Environmental Services for its 2026 Private Property Inflow and Infiltration Grant Program; and BE IT FURTHER RESOLVED that the Director of Engineering, or their successor or assignee, will act as the city’s designated authorized representative and point of contact for this Grant Program. Dated: November 18, 2025 Attest: Sharon Allison, City Clerk James B. Hovland, Mayor STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of November 18, 2025, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this ______ day of __________, 20___. _______________________________ Sharon Allison, City Clerk Page 41 of 449 d PURCHASE REPORT Date: November 18, 2025 Item Activity: Approve Meeting: City Council Agenda Number: 6.11 Prepared By: Brian Olson, Director Item Type: Request for Purchase Department: Public Works Item Title: Request for Purchase: Cityworks Annual Contract Action Requested: Approve request for purchase of the Cityworks annual contract for $49,375. Information/Background: Cityworks is the software used to track resident service requests and work orders to be done in the City. Requisition Number: 12600001 Funding Source: Utility Budget Vendor: Azteca Systems Holdings LLC Equipment Status: N/A Cost: $49,375.00 Resources/Financial Impacts: • Budget – Paid out of the Utility budget. 1/3 sanitary, 1/3 storm, 1/3 water. • Implementation – Continuation of current system. • Operation – Continuation of current system. Relationship to City Policies: This tracking software is essential to our work plans. Budget Pillar: Reliable Service Values Impact: Stewardship This program allows the City to track and maintain service requests that come in from residents and dispatch the jobs in a timely manner. Supporting Documentation: 1. Cityworks Annual Contract Page 42 of 449 Cityworks A I RIMill f CO5RMN5 Quote Number Q-42603-1 Created Date 10/13/2025 Aztecs Systems, LLC Cityworks 54ie Kellenbta ger Road Dayton, 011454.74 Contact Information Contact Name: Brian Olson Prepared By Kristi Ross Name: Customer: Edina (MN), City of Prepared By (916) 294-2234 Phone: Contact 4801 W 50th St Prepared By kristross@trimble.com Address: Edina, MN Email: 55424 Quote Lines PwduWtName Quantity Net Unit i AMS ELA Custom 1.00 USD 37,080.00 Respond-AMS 1.00 USD 12,295.00 Storeroom 1.00 USD 0.00 Cityworks Analytics - AMS 1.00 USD 0.00 Citizen Engagement API 1.00 USD 0.00 TOTAL: USD 49,375.00 Maintenance Start Date: 1/18/2026 Maintenance End Date: 1/17/2027 Quote Notes: This quote is issued as a formal reminder of your upcoming invoice. Please be advised that your Annual Software Subscription has or will be automatically renewed. You will receive an invoice: (1) upon your signature of this quote or (2) 30 days prior to the renewal date. If your organization requires a purchase order for processing, please ensure it is submitted before this time. DISCLAIMER. PLEASE BE ADVISED THAT THE PRODUCTS ASSOCIATED WITH THIS QUOTE MAY NO LONGER BE SUBJECT TO ENHANCEMENTS OR MAINTENANCE. WE URGE YOU TO CONSULT THE COMMUNICATION SENT OUT CONCERNING UPDATES TO CITYWORKS SOFTWARE SUPPORT & YOUR PATH FORWARD AND SUNSETTING. THE PRICE INDICATED HEREIN SHALL CONSTITUTE THE RENEWAL RATE OFFERED UNDER YOUR CURRENT AGREEMENT AS AMENDED BY THIS COMMUNICATION. A COPY OF THE COMMUNICATION CAN BE PROVIDED TO YOU UPON REQUEST. YOU ARE URGED TO REVIEW THIS QUOTE THOROUGHLY AND ASSESS ANY NECESSARY ADJUSTMENTS TO YOUR SUBSCRIPTION. SHOULD THERE BE ANY INQUIRIES OR A NEED FOR FURTHER ASSISTANCE, PLEASE CONTACT US PROMPTLY. WE APPRECIATE YOUR UNDERSTANDING AND CONTINUED PARTNERSHIP. Terms and Conditions Payment Terms Payment due within 30 days Page 43 of 449 IF YOUR ORGANIZATION REQUIRES A PURCHASE ORDER, PLEASE CONTACT YOUR FINANCE DEPARTMENT TO BEGIN THE APPROVAL PROCESS TO AVOID PAYMENT DELAYS. All quotations are valid for ninety-days (90) from the date above, unless otherwise stated in this quotation form. All prices quoted are in USD, unless specifically provided otherwise, above. These prices and terms are valid only for items purchased for use and delivery for the Customers listed above. Unless otherwise referenced, this quotation is for the Cityworks software products referenced above only. Pricing for implementation services (installation, configuration, training, etc.), or other software applications is provided separately and upon request. The procurement, installation and administration of the Esri software or any other third-party software utilized in conjunction with Cityworks will be the responsibility of the Customer. For "on-prem" installations, the procurement, installation and administration of the RDBMS utilized in conjunction with Cityworks will be the responsibility of the Customer. Currently, Cityworks supports Oracle and SQL Server. The procurement, installation and administration of the infrastructure (hardware and networking) utilized in conjunction with Cityworks will be the responsibility of the Customer. This quotation and the pricing information herein is confidential and proprietary and may not be copied or released other than for the express purpose of the current system Software and Product selection and purchase. This information may not be given to outside parties or used for any other purpose without written consent from Azteca Systems, LLC or unless otherwise specifically permitted by law. If a "public access" or similar request is made, Customer, shall notify Azteca Systems, prior to any disclosure. Software Licensing All Azteca Systems software offered in this quotation are commercial off-the-shelf (COTS) software developed at private expense, and is subject to the terms and conditions of the signed "Cityworks Software License and Maintenance Agreement" ("Agreement") and any and all addendums or amendments thereto. A fully executed copy of the Agreement and any addendum(s) is required before delivery and installation and usage of the software is subject to the terms of the current license agreement. The terms and conditions of the executed Cityworks Software License Agreement apply to this Quote unless otherwise specifically stated herein. Any additional or conflicting terms set forth in any purchase orders, invoices, or other standard form documents exchanged during the ordering process, other than product descriptions, quantities, pricing, and dates are void and of no effect. Delivery method is by way of download through Azteca Systems, LLC, customer support web portal. Taxes Prices quoted do not include any applicable state, sales, local, or use taxes unless so stated. In preparing your budget and/or Purchase Order, please allow for any applicable taxes, including, sales, state, local or use taxes as necessary. Azteca Systems reserves the right to collect any applicable sales, use or other taxes tax assessed by or as required by law. Azteca Systems reserves the right to add any applicable tax to the invoice, unless proof with the order is shown that your organization or entity is tax exempt or if it pays any applicable tax directly. International Customers These items are controlled by the U.S. government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end-user(s) herein identified. They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from the U.S. government or as otherwise authorized by U.S. law and regulations. Your signature indicates your acceptance of this Quote, and that you have read and accepted the Terms and Conditions set forth above. Accepted by: Title Date Page 44 of 449 d PURCHASE REPORT Date: November 18, 2025 Item Activity: Approve Meeting: City Council Agenda Number: 6.12 Prepared By: Noah Silver, Electrical Supervisor Item Type: Request for Purchase Department: Engineering Item Title: Request for Purchase: City Hall Air Conditioner Condenser Units Replacements Action Requested: Approve Request for Purchase for City Hall Air Conditioner Condenser Units Replacements with South-Town Refrigeration and Mechanical for $527,265.00 Information/Background: The existing condenser units (AC) are past their service life. The condenser units provide cooling and humidity removal for the City Hall and Police building. Vendor: South-Town Refrigeration and Mechanical Requisition #: 12500253 Cost: $527,265.00 Equipment Status: Replacement Resources/Financial Impacts: This project is funded by Facilities Capital Projects budget. Division staff will maintain the new unit. Relationship to City Policies: This project is included in the 2026 CIP. Project - FAC25125 Budget Pillar: Reliable Service Strong Foundation Values Impact: Stewardship The existing HVAC system is past its service life cycle. The new system will provide efficient, quality, cooling and humidification well into the future. Supporting Documentation: 1. Contract for Condensing Units Page 45 of 449 Page 46 of 449 Page 47 of 449 Page 48 of 449 Page 49 of 449 Page 50 of 449 Page 51 of 449 Page 52 of 449 Page 53 of 449 Page 54 of 449 Page 55 of 449 Page 56 of 449 Page 57 of 449 d ITEM REPORT Date: November 18, 2025 Item Activity: Approve Meeting: City Council Agenda Number: 6.13 Prepared By: Ryan Schultz, Lieutenant Item Type: Report & Recommendation Department: Police Item Title: Embedded Social Worker Agreement with Hennepin County and City of Richfield Action Requested: Approve the Embedded Social Worker Agreement with Hennepin County and the City of Richfield. Information/Background: This Joint Powers Agreement is between Hennepin County, City of Richfield, and the Police Department for an Embedded Social Worker (ESW) to continue providing social work services to residents, assisting in connecting individuals with additional resources, and providing intervention when responding to mental health and substance-use crises. The agreement is for January 1, 2026, through December 31, 2026. Resources/Financial Impacts: None Relationship to City Policies: None Supporting Documentation: 1. Joint Powers Agreement between Hennepin County, Edina and Richfield Page 58 of 449 HC# A2513138 1 JOINT POWERS AGREEMENT BETWEEN HENNEPIN COUNTY AND CITY OF EDINA AND CITY OF RICHFIELD This Joint Powers Agreement (“Agreement”) is made and entered into by and between the County of Hennepin, State of Minnesota (“COUNTY”) on behalf of its Human Services and Public Health Department (“HSPHD”), 300 South Sixth Street, Minneapolis, Minnesota 55487, and City of Edina (“EDINA”) 4801 West 50th Street, Edina, Minnesota 55424, on behalf of its police department, and City of Richfield (“RICHFIELD”) 6700 Portland Avenue, Richfield, Minnesota 55423, on behalf of its police department. EDINA and RICHFIELD alternatively may be referred to individually as (“POLICE DEPARTMENT” and collectively as the “POLICE DEPARTMENTS”). The parties to this Agreement may also be referred to individually as “Party” and collectively as “Parties”. WHEREAS, COUNTY is a political subdivision of the State of Minnesota and its Human Services and Public Health Department is empowered to provide general and emergency public services that support and protect the physical, mental and behavioral health of individuals in Hennepin County; and WHEREAS, POLICE DEPARTMENTS are governmental units of the State of Minnesota empowered to provide general and emergency public services in a manner that supports and protects the physical, mental and behavioral health of individuals in Hennepin County; and WHEREAS, the Parties desire to jointly and cooperatively coordinate their expertise and delivery of services to further the interests of providing mental health and related social services in a manner that most effectively and efficiently supports and protects the physical, mental and behavioral health of individuals in Hennepin County, subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual promises and benefits realized by each Party, the Parties agree as follows: 1. PURPOSE The purpose of this Agreement is to enable COUNTY to provide social work services to POLICE DEPARTMENTS, for POLICE DEPARTMENTS to secure such services from COUNTY and to establish the terms on which such services shall be provided. 2. PROJECT/PROGRAM A. The Parties shall cooperate and collaborate to perform services associated with the Embedded Social Worker Model (the “Model”), as further described and outlined in Exhibit A: Description of Services. B. The Parties shall perform at all times in accordance with the provisions herein, including but not limited to the data provisions. Page 59 of 449 HC# A2513138 2 3. TERM OF THE AGREEMENT The term of this Agreement shall commence on January 1, 2026, and expire on December 31, 2026, unless terminated earlier in accordance with the provisions herein. 4. PAYMENT A. In accordance with the provisions herein, POLICE DEPARTMENTS shall pay COUNTY as follows for 1.0 full-time Social Worker (“SW”), as that term is defined in Exhibit A, employed by COUNTY. EDINA will fund one-half of the annual portion of the SW and RICHFIELD will fund one-half of the annual portion of the SW. 1. EDINA shall pay Forty-Four Thousand Two Hundred Sixteen dollars ($44,216) for 2026. 2. RICHFIELD shall pay Forty-Four Thousand Two Hundred Sixteen dollars ($44,216) for 2026. B. In the event that the SW position is vacant or absent for a period of one-month HSPHD may provide POLICE DEPARTMENTS with a temporary SW to work onsite at POLICE DEPARTMENT when available. If a temporary onsite SW is not available, HSPHD may assign based on availability a coverage team to review existing services, determine need and complete outreach (via phone or in-person) based on resident needs for each referral from POLICE DEPARTMENTS. POLICE DEPARTMENTS may also opt to not have coverage until the onsite social worker is replaced. 1. There will be no additional cost to POLICE DEPARTMENTS if HSPHD assigns a temporary onsite SW worker. The billing will remain as set forth in this Agreement. 2. If HSPHD provides a coverage team to review existing services, determine need and complete outreach (via phone or in-person) POLICE DEPARTMENTS will be billed at 50% of the amount listed above during the period of reduced coverage. 3. If POLICE DEPARTMENT decides not to have HSPHD assign a temporary SW, HSPHD will not bill for the period when the position is vacant. 4. HSPHD shall submit a quarterly invoice to POLICE DEPARTMENT for the previous quarter’s cost of SW services. In the event the SW position is not staffed for a portion of the billing cycle, the payment shall be prorated. C. POLICE DEPARTMENT will make payment within thirty-five (35) days from receipt of the invoice. If the invoice is incorrect, defective, or otherwise improper, POLICE DEPARTMEMT will notify HSPHD within ten (10) days of receiving the incorrect invoice. Upon receiving the corrected invoice from HSPHD, POLICE DEPARTMENT will make payment within thirty-five (35) days. Page 60 of 449 HC# A2513138 3 D. Further, the Parties expressly agree that neither this Agreement nor either Party’s performance hereunder obligates or commits either Party to enter a subsequent contract or engagement with the other. 5. LIABILITY AND NOTICE A. Each Party shall be liable for its own acts and the results thereof to the extent provided by law and, further, each Party shall defend, indemnify, and hold harmless the other (including their present and former officials, officers, agents, employees, volunteers, and subcontractors), from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney’s fees, resulting directly or indirectly from any act or omission of the indemnifying Party, anyone directly or indirectly employed by it, and/or anyone for whose acts and/or omissions it may be liable, in the performance or failure to perform its obligations under this Agreement. The provisions of Minnesota Statutes, Chapter 466 shall apply to any tort claims brought against COUNTY, EDINA, and/or RICHFIELD as a result of this Agreement. B. To the fullest extent permitted by law, action by the Parties to this Agreement is intended to be and shall be construed as a “cooperative activity” and it is the intent of the Parties that they shall be a deemed a “single governmental unit” for the purposes of liability, as set forth in Minnesota Statutes, section 471.59, subdivision 1a(a), provided further that for purposes of that statute, each Party to this Agreement expressly declines responsibility for the acts or omissions of the other Party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other Party. The total liability for the Parties shall not be added together to exceed the limits on governmental liability for a single governmental unit. C. Duty to Notify: Each Party shall promptly notify the other Party of any actual or suspected claim, action, cause of action, administrative action, criminal arrest, criminal charge, or litigation brought against the party, its present and former officials, officers, agents, employees, volunteers, and subcontractors which arises out of this Agreement. 6. INSURANCE Each party warrants that it has a purchased insurance or utilizes a self-insurance program sufficient to meet its liability obligations and, at a minimum, to meet the maximum liability limits of Minnesota Statutes Chapter 466. This provision shall not be construed as a waiver of any immunity from liability under Chapter 466 or any other applicable law. 7. INDEPENDENT PARTIES Notwithstanding any other formal, written agreements or contracts which may exist between COUNTY and POLICE DEPARTMENTS, nothing is intended or should be construed in any manner as creating or establishing the relationship of partners between the Parties hereto or as constituting either Party as the agent, representative, or employee of the other for any purpose or in any manner whatsoever. Each Party is to be and shall remain an independent contractor with respect to all services performed under this Agreement. Each Party will secure at its own expense all personnel required in performing services under this Page 61 of 449 HC# A2513138 4 Agreement. Any personnel of a Party or other persons engaged in the performance of any work or services required by that Party shall have no contractual relationship with the other Party and will not be considered employees of the other Party. No Party shall be responsible for any claims related to or on behalf of the other Party’s personnel, including without limitation, claims that arise out of employment or alleged employment under the Minnesota Unemployment Insurance Law (Minnesota Statutes Chapter 268) or the Minnesota Workers' Compensation Act (Minnesota Statutes Chapter 176), or claims of discrimination arising out of state, local, or federal law, against a Party, its officers, agents, contractors, or employees. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind from the other Party, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, workers' compensation, unemployment compensation, disability, severance pay, and retirement benefits. 8. NONDISCRIMINATION In accordance with COUNTY’s policies against discrimination, POLICE DEPARTMENTS shall not exclude any person from full employment rights or participation in, or the benefits of, any program, service or activity on the grounds of race, color, creed, religion, national origin, sex, gender expression, gender identity, age, disability, marital status, sexual orientation, or public assistance status. No person who is protected by applicable law against discrimination shall be subjected to discrimination. 9. NO THIRD PARTY BENEFICIARY Except as herein specifically provided, no other person, customer, employee, or invitee of any Party or any other third party shall be deemed to be a third party beneficiary of any of the provisions herein. 10. DATA COUNTY and POLICE DEPARTMENTS, their officers, agents, owners, partners, employees, volunteers and subcontractors, shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, and all other applicable state and federal law, rules, regulations and orders relating to data privacy, confidentiality, disclosure of information, medical records or other health and enrollment information, and as any of the same may be amended, as well as the data and data sharing provisions set forth in Exhibit A. The terms of this paragraph shall survive the termination of this Agreement. 11. RECORDS – AVAILABILITY/ACCESS Subject to the requirements of Minnesota Statutes section 16C.05, subd. 5, the Parties, the State Auditor, Legislative Auditor, or any of their authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., of the Parties which are pertinent to the accounting practices and procedures of the Parties and involve transactions relating to this Agreement. The Parties shall maintain these materials and allow access during the period of this Agreement and for six (6) years after its expiration or termination. Page 62 of 449 HC# A2513138 5 12. MERGER, MODIFICATION, AND SEVERABILITY A. The entire understanding between the Parties is contained herein and supersedes all oral agreements and negotiations between the Parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. B. Any alterations, variations or modifications of the provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the Parties. Except as expressly provided, the substantive legal terms contained in this Agreement including but not limited to Indemnification; Liability and Notice; Merger, Modification and Severability; Default and Termination or Minnesota Law Governs may not be altered, varied, modified or waived by any change order, implementation plan, scope of work, development specification or other development process or document. C. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 13. DEFAULT AND TERMINATION A. If either Party fails to perform any of the provisions of this Agreement, fails to administer the work so as to endanger the performance of the Agreement or otherwise breaches or fails to comply with any of the terms of this Agreement, it shall be in default. Unless the Party’s default is excused in writing by the non-defaulting Party, the non-defaulting Party may upon written notice immediately terminate this Agreement as to the defaulting Party or in its entirety. B. This Agreement may be terminated with or without cause by either Party upon thirty (60) days written notice. Either Party may immediately terminate this Agreement if the terminating party determines that the health and welfare of a member of the public is at risk. Upon termination, property or surplus money, if any, acquired as a result of the operation of this Agreement shall be distributed to the Parties in proportion to contributions of the Parties. C. Either Party’s failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. D. The above remedies shall be in addition to any other right or remedy available to either Party under this Agreement, law, statute, rule, and/or equity. 14. NOTICES Unless the Parties otherwise agree in writing, any notice or demand which must be given or made by a Party under this Agreement or any statute or ordinance shall be in writing and shall Page 63 of 449 HC# A2513138 6 be sent registered or certified mail. Notices to COUNTY shall be sent to the County Administrator at the address given in the opening paragraph of this Agreement with copies to HSPHD as detailed below. Notice to POLICE DEPARTMENTS shall be sent to the address stated in the opening paragraph of this Agreement with a copy as detailed below. HSPHD: Leah Kaiser Director of Behavioral Health Hennepin County 300 South 6th Street Minneapolis, Minnesota 55487 leah.kaiser@hennepin.us EDINA: Todd Milburn Chief of Police Edina Police Department 4801 West 50th Street Edina, Minnesota 55424 tmilburn@edinamn.gov RICHFIELD: Jay Henthorne Director of Public Safety/Chief of Police Richfield Police Department 6700 Portland Avenue Richfield, Minnesota 55423 jhenthorne@richfieldmn.gov 15. SURVIVAL OF PROVISIONS Provisions that by their nature are intended to survive the term, termination of this Agreement do survive such term, termination. Such provisions include but are not limited to: INDEPENDENT PARTIES; LIABILITY AND NOTICE; INSURANCE; DATA; RECORDS-AVAILABILITY/ACCESS; DEFAULT AND TERMINATION; MARKETING AND PROMOTIONAL LITERATURE; and MINNESOTA LAW GOVERNS. 16. MARKETING AND PROMOTIONAL LITERATURE POLICE DEPARTMENTS agree that the terms, “Hennepin County” and “Hennepin County Human Services and Public Health Department”, the name of any elected official, or any derivatives thereof, shall not be utilized in any promotional literature or advertisements of any type without the express prior written consent of COUNTY. 17. MINNESOTA LAWS GOVERN The laws of the state of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the Parties and Page 64 of 449 HC# A2513138 7 their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, state of Minnesota. Litigation, however, in the federal courts involving the Parties will be in the appropriate federal court within the state of Minnesota. (The remainder of this page intentionally left blank.) Page 65 of 449 HC# A2513138 8 The Parties hereto agree to be bound by the provisions set forth in this Agreement. COUNTY OF HENNEPIN Reviewed for COUNTY by the County STATE OF MINNESOTA Attorney’s Office By: Chair of Its County Board Date: ATTEST: Deputy/Clerk of County Board Date: By: County Administrator Date: EDINA By: ____________________________ By: ____________________________ Title: ___________________________ Title: ___________________________ Date: ___________________________ Date: ___________________________ RICHFIELD By: ____________________________ By: ____________________________ Title: ___________________________ Title: ___________________________ Date: ___________________________ Date: ___________________________ Page 66 of 449 HC# A2412461 EXHIBIT A: Description of Services 1 POLICE DEPARTMENTS and HSPHD staff will work collaboratively to prevent reoccurrences of crisis calls. Roles and Responsibilities of Parties POLICE DEPARTMENTS will: A. Provide office space for the Social Worker (SW); B. Provide a hotspot for connection if SW are otherwise unable to access to COUNTY network; C. Work with HSPHD management to establish operational protocols including but not limited to referral criteria and process, hours of operation, data tracking and analysis; and D. Provide safety vests available for SW who ride along in squad cars with officers in accordance with police department policies. HSPHD will: A. Provide the SW with equipment that is necessary for completing their work. This includes, but is not limited to, laptop computer, cell phone, printer, computer monitor, docking station and office supplies; B. Supervise the SW staff providing services under this Agreement; C. Be responsible for transportation/mileage expenses for the SW. The SW will be responsible following the HSPHD transportation/mileage reimbursement policies; D. Provide short-term assistance to individuals in order to connect the individuals with internal and/or community resources to help meet their needs. Services will be provided timely and in an ethical and culturally sensitive manner. Services could include coordination with existing service providers, risk assessments, referrals and evaluation of need for emergency services and assistance in making those connections; E. Share individually identifiable information with law enforcement only when there is an ongoing emergency situation and the client information is necessary to protect the health or safety of the individual or other people and pursuant to applicable law. Information disclosed shall be limited to that necessary to address the emergency situation. During contact with individuals, the SW will make a reasonable attempt to obtain a Release of Information (ROI) Page 67 of 449 HC# A2412461 EXHIBIT A: Description of Services 2 signed by each individual served, in order to permit relevant information to be subsequently shared with POLICE DEPARTMENT. Without a ROI, individually identifiable information will be shared with POLICE DEPARTMENT only as previously described; and F. Collect information needed to determine eligibility for community and/or county resources/services as needed. The SW will facilitate referrals to appropriate resources; The Embedded Social Worker Model consists of: A. Embedded mental health expertise in police departments and dispatch; B. SW and medical professional respond to mental health, substance and social service-related calls to 911; and C. SW and law-enforcement officer respond to mental health, substance and social service-related calls to 911. Goals of the model include: A. Ensure timely engagement with people who need support; B. Fewer arrests and repeat calls; C. Increased public satisfaction with the response to mental health emergencies; and D. Free up police resources for other types of calls. Page 68 of 449 d ITEM REPORT Date: November 18, 2025 Item Activity: Approve Meeting: City Council Agenda Number: 6.14 Prepared By: Todd Milburn, Police Chief Item Type: Report & Recommendation Department: Police Item Title: Legal Services Agreement with Chestnut Cambronne, PA Action Requested: Approve the legal services agreement with Chestnut Cambronne, PA. Information/Background: Minnesota State Statutes Chapter 412 provides guidance on the appointment of city attorneys in Plan B statutory city governments. Specifically, Chapter 412.651(3) requires the City Manager to appoint the attorney, but that appointment is subject to the approval of the Council. The City Manager has reviewed the selection process and decision analysis. The City Manager has discussed the recommendation with Chief Milburn and supports the decision to appoint Nicole Appelbaum from Chestnust Cambronne, PA to serve in the role of the City‘s prosecuting attorney position, pursuant to the attached agreement, and recommends the City Council approve this appointment recommendation. Through this agreement, the City will retain prosecution services from Chestnut Cambronne, PA to provide all criminal prosection legal services, code enforcement, and property forfeitures. The contract also includes providing training, advice, consultation, and regular legal updates to relevant City staff. The term of the contract is for five years beginning January 1, 2026, until December 31, 2030. Resources/Financial Impacts: This item is included in the budget. Relationship to City Policies: None Supporting Documentation: 1. Edina Prosecution Services Agreement Page 69 of 449 AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF EDINA AND CHESTNUT CAMBRONNE, PA THIS AGREEMENT, made and entered into this day of November, 2025, by and between the City of Edina, a Minnesota municipal corporation, hereinafter referred to as “City”, and Chestnut Cambronne, PA, hereinafter referred to as “Prosecuting Attorney”. WHEREAS, the parties hereto desire to enter into an Agreement regarding prosecution services; NOW THEREFORE, in consideration of the mutual promises of the parties, City and Prosecuting Attorney hereby agree: 1. ACCEPTANCE OF PROPOSAL. City retains Prosecuting Attorney to perform all of the criminal prosecution legal services, code enforcement, and property forfeitures related thereto, for City, and said Prosecuting Attorney agrees to do so under all terms and conditions set forth herein. a. Prosecuting Attorney agrees to provide training, advice, consultation, and legal updates to City staff relevant to the services provided as is deemed reasonable between the parties. b. Prosecuting Attorney agrees to provide regular reports to City on prosecution activities and to meet periodically with City staff to review prosecution matters. 2. PAYMENT. For said services, City agrees to pay Prosecuting Attorney a monthly retainer of twenty-four thousand dollars ($24,000) per month, plus costs, such payment to be on a monthly basis as billed. a. Costs include services of a process server for subpoenas to third parties, necessary courier services, appellate work, the copying and binding of briefs in cases at the Minnesota Court of Appeals or Minnesota Supreme Court and other expenses actually charged by third parties; City will not be charged for telephone expenses, normal printing/copying, postage, technology fees, or other administrative costs for prosecution assistants. Page 70 of 449 3. TERM. The term of this contract shall be for five (5) years commencing January 1, 2026, and terminating December 31, 2030. 4. CHANGES. In the event there are changes in law or court procedures that require the expenditure of significant time and/or services not currently contemplated by the parties, City and Prosecuting Attorney agree to negotiate additional or other terms acceptable to the parties. 5. REVIEW. Prosecuting Attorney’s performance shall be reviewed as deemed appropriate by City. 6. TERMINATION. City may terminate the agreement without cause by resolution of the City Council, Prosecuting Attorney may terminate the agreement at any time provided Prosecuting Attorney shall give the City (90) days written notice before the termination becomes effective. Dated: 2025 pel '%) Ju 2025 CITY OF EDINA 4 CHESTNUT.CAMBRONNE, PA a é James Hovland, Mayor Nicole Appelbatin Scott Neal, City Manager Page 71 of 449 d ITEM REPORT Date: November 18, 2025 Item Activity: Approve Meeting: City Council Agenda Number: 6.15 Prepared By: Jacob Heckert, Lieutenant, Aaron White, Deputy Chief Item Type: Report & Recommendation Department: Police Item Title: Joint Community Police Partnership Contract Agreement Amendment Action Requested: Approve the Joint Community Police Partnership Agreement Amendment. Information/Background: The Edina Police Department has partnered with Hennepin County through the Joint Community Police Partnership (JCPP) since 2023. The JCPP is a Hennepin County program which collaboratively works with the Edina Police Department to enhance relationships between the police and the community, specifically with immigrants, people of color, indigenous people, and faith communities. This amendment reflects updated salary information for 2026. Resources/Financial Impacts: None Relationship to City Policies: None Supporting Documentation: 1. Joint Community Police Partnership Contract Agreement Amendment Page 72 of 449 HC# A2211506 1 AMENDMENT #3 TO THE COOPERATIVE AGREEMENT FOR JOINT COMMUNITY POLICE PARTNERSHIP This agreement (the “Agreement”) is between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, A-2300 Government Center, Minneapolis, Minnesota 55487 (“COUNTY”), on behalf of the Hennepin County Human Services Department (“HSPHD”), and City of Edina (“CITY”) on behalf of Police Department (“PD”), 4801 West 50th Street, Edina, Minnesota 55424. The parties to this Agreement may also be referred to individually as “Party” or collectively as “Parties”. IT IS HEREBY AGREED that Agreement No. A2211506 between the above-named parties, including prior amendments if any, is hereby amended in accordance with the provisions set forth below. Clause 1. TERM OF AGREEMENT, shall be amended to read: 1. TERM OF AGREEMENT The term of the Agreement shall be from January 1, 2023, through December 31, 2026, unless terminated earlier in accordance with the provisions herein. Clause 3. FUNDING/PAYMENT, paragraph A., shall be amended to read: 3. FUNDING/PAYMENT A. PD will provide funding, via its approved budget, for 30% of the salary and benefits of a HSPHD Senior Planning Analyst FTE not to exceed $39,002.00 for the year 2023. PD will provide funding, via its approved budget, for 30% of the salary and benefits of a HSPHD Senior Administrative Assistant FTE not to exceed $39,465.00 for the year 2024. PD will provide funding, via its approved budget, for 30% of the salary and benefits of a HSPHD Senior Administrative Assistant FTE not to exceed $46,858.00 for the year 2025. PD will provide funding, via its approved budget, for 30% of the salary and benefits of a HSPHD Senior Administrative Assistant FTE not to exceed $50,120.00 for 2026. This amendment shall be effective December 31, 2025. Except as hereinabove amended, the terms, conditions, and provisions of said Contract No. A2211506 shall remain in full force and effect. Page 73 of 449 HC# A2211506 2 HENNEPIN COUNTY ADMINISTRATOR APPROVAL COOPERATIVE AGREEMENT The Parties hereto agree to be bound by the provisions set forth in this Agreement. COUNTY OF HENNEPIN Reviewed for COUNTY by the STATE OF MINNESOTA County Attorney’s Office By: County Administrator Date: Date: Reviewed by Reviewed by By: ______________________________ By: ______________________________ County Administration Clerk Deputy County Administrator Date: _____________________________ Date: _____________________________ CITY OF EDINA: By: ____________________________________ Title: __________________________________ Date: __________________________________ By: ____________________________________ Title: __________________________________ Date: __________________________________ Page 74 of 449 d ITEM REPORT Date: November 18, 2025 Item Activity: Approve Meeting: City Council Agenda Number: 6.16 Prepared By: Jacob Heckert, Lieutenant Item Type: Resolution Department: Police Item Title: Resolution 2025-110: Community Partnerships Grant Acceptance from Minnesota Chiefs of Police Foundation Action Requested: Approve Resolution 2025-110 accepting a Community Partnerships Grant, in the amount of $2000, for the Circle of Discipline program. Information/Background: The Minnesota Chiefs of Police Foundation awarded the Police Department a Community Partnership Grant, in the amount of $2000, for the Circle of Discipline program in partnership with the Edina School District. The MCPF Community Partnerships Grant Program supports Minnesota police departments in their efforts to build trust and strong relationships with their community. Resources/Financial Impacts: This grant will be used to fund costs associated with the Circle of Discipline program in coordination with the Edina School District. Relationship to City Policies: None Supporting Documentation: 1. Resolution No. 2025-110: Accepting Community Partnerships Grant from Minnesota Chiefs of Police Foundation Page 75 of 449 1 RESOLUTION NO. 2025-110 ACCEPTING COMMUNITY PARTNERSHIPS GRANT FROM MINNESOTA CHIEFS OF POLICE FOUNDATION ON BEHALF OF THE CITY OF EDINA WHEREAS, Minnesota Statute 465.03 allows cities to accept grants and donations for the benefit of its citizens; WHEREAS, the Minnesota Chiefs of Police Foundation has granted the Police Department a Community Partnerships Grant, in the amount of $2000, for the Circle of Discipline program with the Edina School District. NOW, THEREFORE, BE IT RESOLVED, that the Edina City Council accepts with sincere appreciation the grant on behalf of its citizens. Passed and adopted: November 18, 2025 Attest:_________________________ ______________________________ Sharon Allison, City Clerk James B. Hovland, Mayor STATE OF MINNESOTA ) COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of November 18, 2025, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this _______ day of ___________________, 2025. ___________________________ Sharon Allison, City Clerk Page 76 of 449 d ITEM REPORT Date: November 18, 2025 Item Activity: Approve Meeting: City Council Agenda Number: 6.17 Prepared By: Jesse Buchholz, General Manager Item Type: Report & Recommendation Department: Parks & Recreation Item Title: Approve Lease Renewal with General Sports at Braemar Arena Action Requested: Approve a one-year lease renewal agreement between the City of Edina and General Sports for retail space located within Braemar Arena. Information/Background: General Sports has been a long-term tenant operating a retail store within Braemar Arena, providing hockey equipment, skate sharpening, and related services to arena users and the community. City staff have reviewed the existing lease terms and recommend renewal under similar conditions, with adjustments reflecting current market rates and operational needs. The proposed agreement continues to support convenient on-site services for arena patrons while maintaining a stable revenue stream for the facility. Resources/Financial Impacts: • Budget – This lease has been budgeted for in the Braemar Arena operating budget. • Implementation – Upon Council approval, City staff will finalize and execute the lease agreement with General Sports. The new lease term will begin on December 1, 2025, immediately following the expiration of the current lease. • Operation – Maintenance of the leased space will continue to be managed by the Braemar Arena General Manager. General Sports will be responsible for maintaining its leased area in good condition, complying with all City facility policies, and providing retail services during arena operating hours. Relationship to City Policies: Braemar Arena prioritizes partnerships that enhance community amenities and maintain high-quality, financially sustainable public facilities. The agreement also aligns with City policy objectives to optimize facility use and ensure a positive customer experience at all City-owned recreation venues. Budget Pillar: Reliable Service Page 77 of 449 Values Impact: Stewardship Revenue from the lease helps offset facility operating and maintenance costs and contributes to the long-term financial sustainability of the complex. No additional City expenditures are required. Supporting Documentation: 1. Braemar Arena General Sports Lease Page 78 of 449 1 222559v6 LEASE AGREEMENT BY AND BETWEEN THE CITY OF EDINA, MINNESOTA (“LANDLORD”) AND ALLIANCE CUSTOM SPORTS DBA GENERAL SPORTS CORPORATION (“TENANT”) SUITE 2 OF THE HORNET’S NEST, BRAMEAR SPORTS FACILITY, EDINA, MINNESOTA Page 79 of 449 2 222559v6 RETAIL LEASE REFERENCE PAGE RETAIL CENTER: The Hornet’s Nest Braemar Sports Facility, Edina, Minnesota LANDLORD: City of Edina LANDLORD’S ADDRESS: 4801 W. 50TH, Street, Edina, Minnesota 55410 LEASE REFERENCE DATE: November 4, 2025 TENANT: General Sports Corporation, a Minnesota Corporation TENANT’S ADDRESS: 7700 W. 78th Street Bloomington, MN 55439 PREMISES IDENTIFICATION: Approximately 3,000 sq. ft. EXCLUSIVE USE (AUTHORIZED BUSINESS): Retail sales of athletic apparel and equipment TENANT’S TRADE NAME: General Sports PROSESSION DATE: November 15, 2012 SCHEDULED COMMENCEMENT DATE: December 1, 2025 TERMINATION DATE: November 30, 2026 TERM OF LEASE: 1 Year beginning on the Commencement Date and ending on the Termination Date (unless sooner terminated pursuant to the Lease) MINIMUM RENT (Article 3): Rental Period Annual Base Rent Monthly Instalment of Base Rent Annual Rental Rate per Rentable Square Foot 12/1/25 – 11/30/26 $72,000.00 $6,000.00 $24.00 COMMON AREA MAINTENANCE (“CAM”) (Article 6) Rental Period Monthly Installment of CAM 12/1/25 – 11/30/26 $240.00 NATURAL GAS BILL (Article 7) Months Tenant’s Percentage Payment January, February, March 25% of metered bill April, May 10% of metered bill June, July, August 5% of metered bill Page 80 of 449 Page 81 of 449 4 222559v6 RETAIL LEASE AGREEMENT PREAMBLE THIS LEASE AGREEMENT (hereafter called the “Lease Agreement”) made as of the Reference Date set forth on the Reference Page by and between the City of Edina, a Minnesota municipal corporation (hereinafter called the “Landlord”) and the Tenant as listed on the Reference Page (hereinafter called the “Tenant”). WITNESSETH FOR AND IN CONSIDERATION of good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, Landlord does hereby lease and let unto Tenant, and Tenant does hereby hire, lease and take from Landlord, that area identified as “General Sports” on Exhibit A attached hereto, and by this reference incorporated herein, and described on the Reference Page (hereinafter called the “Premises”) at 7501 Ikola Way, Edina, MN 55439 (hereinafter called the “Retail Center”). ARTICLE 1 – TERM To have and to hold said Premises for a term of approximately as set forth on the Reference Page (hereafter called the “Term”) upon the rentals and subject to the conditions set forth in this Lease Agreement, and the Exhibits attached hereto. The commencement and termination dates are specifically subject to the provisions of Article 5 hereof. Should the commencement of the rental obligations of the Tenant under this Lease Agreement occur for any reason on a day other than the first day of a calendar month, then in that event solely for the purposes of computing the Term of this Lease Agreement, the commencement date of the Term shall become and be the first day of the first full calendar month following the date when Tenant’s rental obligation commences, or the first day of the first full calendar month following the commencement date set out above (if such is a other than the first date of a calendar month), whichever date is later, and the termination date shall be adjusted accordingly, provided, however, that the termination date shall be the last day of a calendar month, which date shall in no event be earlier than the termination date set out above. Landlord and Tenant agree that no later than six months prior to the termination date Landlord and Tenant will meet and confer to discuss a mutually agreeable extension of the Term of up to five years. ARTICLE 2 – USE; EXCLUSIVE USE A. The Premises shall be used by the tenant solely for the retail purpose(s) set forth on the Reference Page (the “Authorized Business”). B. The Premises will be used during the Term only for the purpose set forth above and for no other purpose whatsoever without the prior written consent of Landlord. Tenant shall apply for all such licenses, permits and approvals necessary for it to conduct the Authorized Business within the Premises, and shall diligently pursue such applications, and take all reasonable actions within its control to obtain such licenses, permits and approval. The obtaining and retaining of such licenses shall be Tenant’s sole responsibility, the failure of which shall be deemed a default hereunder. C. The Premises shall not be used in violation of any applicable federal, state, or local law, or regulation, and Tenant shall comply with the same at its sole cost and expense. Page 82 of 449 5 222559v6 D. During the entire Term, Tenant will continuously conduct the authorized Business within the Premises. E. Tenant shall not use the Retail Center walkways, sidewalks and parking area adjacent to the Premises, or other parts of the parking and Common Areas forming part of the Retail Center, for business purposes (including, without limitation, the distribution of handbills or advertising of any type), except for ingress and egress and parking, without the prior written consent of Landlord, which consent may be withheld or denied for any or no reason. F. Landlord makes no representation as to the identity of other tenants in the Retail Center, and said tenants may be changed from time to time without any notice to Tenant. G. Tenant covenants and agrees that Tenant, its agents, contractors, licenses and invitees shall not handle, use, manufacture, store or dispose of any flammables, explosives, radioactive materials, hazardous wastes or materials (as may be defined by Federal or State Law), toxic wastes or materials, petroleum products, or other similar substances or derivatives thereof (collectively “Hazardous Materials”), on under, or about the Premises, without Landlord’s prior written consent (which consent may be withheld or denied for any or no reason); provided, however, that Tenant may handle, store, or use products containing small quantities of Hazardous Materials which products are of a type customarily found in retail stores (such as cleaning fluid, cleaning supplies and the like); provided further that Tenant shall handle, store, and use and dispense of any such Hazardous Materials in a safe and lawful manner in compliance with all governmental rules, laws, and regulations, and shall not allow such Hazardous Materials to contaminate the Premises, Retail Center, or the surrounding environment. If the Tenant’s handling (including transportation to and from the Premises), storage, use or disposal of any such Hazardous Materials on or from the Premises, results in the contamination of the Premises, the soil or surface or ground water of the Retail Center, or loss or damage to persons or property, then Tenant agrees to: 1) notify Landlord immediately of any contamination, claim of contamination, loss or damage, 2) after consultation with Landlord, clean up the contamination in full compliance with all applicable statutes, regulations and industry standards and 3) indemnify, defend and hold Landlord harmless from and against any claims, suits, causes of action, costs and fees, including attorneys’ fees, arising from or connected with any such contamination, claim of contamination and all contamination, loss or damages. The provisions of this paragraph shall survive the expiration or earlier termination of this Lease Agreement. Any and all consents of Landlord pursuant to this paragraph must be in writing. H. Tenant shall not perform any act or carry on any practice that may injure the Premises or any other part of the Retail Center or that may cause any offensive odors, and in no event shall any offensive odors be emitted from the Premises. Notwithstanding the forgoing, Tenant acknowledges and agrees that (1) there are other tenant(s) and customers of the Retail Center, and (2) Tenant shall not conduct the Authorized Business in such a manner that creates a menace, causes a nuisance or that in any way materially affects or interferes with the quiet use and enjoyment of either another tenant or patron of the Retail Center. Page 83 of 449 6 222559v6 Landlord acknowledges and agrees that as a part of the Authorized Business, Tenant may, from time to time, sharpen skates and play music or television in support of the Authorized Business. Notwithstanding the forgoing, Tenant acknowledges that other tenant(s) may from time to time, play music, or conduct business in such a manner that creates a menace, causes a nuisance or materially affects Tenant’s Authorized Business I. Tenant agrees that it and its employees and others connected with the Tenant’s operations at the Premises shall abide by all reasonable rules and regulations from time to time established by the Landlord by written notice to the Tenant with respect to the Retail Center and/or the Common Area portions thereof. J. Tenant shall conduct the Authorized Business in the Premises in such a manner that the Tenant’s invitees and patrons shall not collect, line up, loiter or linger outside of the Premises, but shall be entirely accommodated within the Premises. K. Tenant shall not use the name of the Retail Center directly or indirectly in connection with the Tenant’s business, except as a part of the Tenant’s address and except in connection with Tenant’s advertising of its business address, and the Landlord reserves the right to change the name of the Retail Center at any time. Landlord hereby consents to Tenant’s use of the Retail Center’s name as set forth on the Reference Page in connections with its Authorized Business, but only in connection with its business operations within the Retail Center. L. Tenant shall always conduct its operations in the Premises under its present trade name, unless the Landlord shall otherwise consent in writing. M. Tenant shall keep the display windows in the Premises clean and in an orderly and presentable manner. N. Tenant shall receive and deliver goods and merchandise only in the manner, at such areas, as may be designated by the Landlord; and all trash, refuse, and the like shall be kept in covered metal or plastic cans, which metal cans shall be kept within the Premises at all times, unless exterior storage is specifically designated for Tenant’s use by the Landlord. Landlord acknowledges and agrees that Tenant may receive and deliver goods and merchandise through the main double doors accessing the Retail Center. O. The Tenant shall not place on the exterior or interior of the Premises (including, but without limitation, windows, doors, and entrance lobbies) any signs other than those which shall first have been approved by the Landlord, including replacements thereof. P. The Premises (as well as all doors and entryway thereto) shall be kept open for business at least for the hours: as set forth on the Reference Page, Retail Center recognized holidays specifically excluded. Q. Tenant convents and agrees that for a period commencing with the execution of this Lease Agreement and continuing for the full Term, neither the Tenant nor any of its affiliated, parent, or subsidiary companies will operate, either directly or indirectly, another store with Page 84 of 449 7 222559v6 the same or similar use as the Authorized Business within a six (6) mile diameter circle with the Premise as the center , without the prior written consent of the Landlord. Article 3 – Rentals A. Minimum Rental- Tenant agrees to pay the Landlord as minimum rental (hereinafter called “Minimum Rental”) for the Premises, without notice, setoff or demand, the sum(s) as set forth on the Reference Page per month for each month during the Term, said monthly installments to be due and payable by Tenant in advance on the first day of each calendar month during the Term of this Lease Agreement, or any extension or renewal thereof, at the office of the Landlord set forth in the Reference Page or at such other place as Landlord may designate. In the event of any fractional calendar month, Tenant Shall pay for each day in such partial month a rental equal to 1/30 of the Minimum Rental. Tenant agrees to Pay, as Additional Rent, which shall be collectible to the same extent as Minimum Rental, all amounts which may become due to Landlord hereunder and any tax, charge or fee that may be levied, assessed or imposed upon or measured by the rents reserved hereunder by any governmental authority action under any present or future law before any fine, penalty, interest or costs may be added thereto for non-payment. B. Late Rent. Tenant recognizes that late payment of any rent or other sum due under this Lease Agreement will result in administrative expense to Landlord, the extent of which additional expense is extremely difficult and economically impractical to ascertain. Tenant therefore agrees that if rent or any other sum is not paid when due and payable pursuant to this Lease Agreement, a late charge shall be imposed in an amount equal to the greater of: (a) Fifty Dollars ($50.00), or (b) a sum equal to five (5%) per month of the unpaid rent or other payment. The amount of the late charge to be paid by Tenant shall be reassessed and added to Tenant’s obligation for each successive monthly period until paid. The provisions of this Section in no way relieve Tenant of the obligation to pay rent or other payments on or before the date on which they are due, nor do the terms of this Section in any way affect Landlord’s remedies pursuant to Article 20 of this Lease Agreement in the event said rent or other payment is unpaid after date due. C. Security Deposit. Tenant shall deposit the Security Deposit, if any is listed on the Reference Page, with Landlord upon the execution of this Lease Agreement. Said sum shall be held by the Landlord as security of the faithful performance by Tenant of all the terms, covenants and conditions of this Lease Agreement to be kept and performed by Tenant and not as an advance rental deposit or as a measure of Landlord’s damage in case of Tenant’s default. If Tenant defaults with respect to any provision of this Lease Agreement, Landlord may use any part of the Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant’s default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant’s default. If any portion is so used, Tenant shall within five (5) days after written demand therefor, deposit with Landlord an amount sufficient to restore the Security Deposit to its original amount, and Tenant’s failure to do so shall be a material breach of this Lease Agreement. Except to such extent, if any, as shall be required by law, Landlord shall not be required to keep the Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every provision of this Lease Agreement to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant at such time Page 85 of 449 8 222559v6 after termination of this Lease Agreement when Landlord shall have determined that all of Tenant’s obligations under this Lease Agreement have been fulfilled. Article 4 – CONSTRUCTION Tenant shall take the Premises in its “as is” condition; except for those alterations, if any, set forth specifically as Landlord’s responsibilities on Exhibit B (“Landlord’s Work”). Any improvements to the Premises other than the Landlord’s Work and the furnishing of the Premises shall be made by Tenant at the sole cost and expense of Tenant, subject to all other provisions of this Lease Agreement, including compliance with all applicable governmental laws, ordinances and regulations and Exhibit B attached hereto. ARTICLE 5 – COMMON AREA MATINENANCE AND REAL ESTATE TAXES A. Tenant shall pay as additional rent for each Lease year Common Area Maintenance (“CAM”) as set forth on the Reference Page. 1. “CAM” shall be defined as: all direct costs of operation, maintenance, repair and management of the Retail Center, as determined in accordance with generally accepted accounting principles, including the following costs by way of illustration, but not limitation: insurance charges relating to all insurance policies and endorsements deemed by Landlord to be reasonably necessary or desirable for the protection, preservation or operation of all or any part of the Retail Center; utility costs for all parts of the Retail Center shared in common by tenants of the Retail Center and tenants’ utility costs for all parts of the Retail Center shared in common by tenants of the Retail Center and tenants’ utility costs to the extent not separately metered such as heat, light, power, steam, gas, waste disposal, water and sewer; the cost of security and alarm services (including any central station signaling system); the cost of maintaining, repairing and replacing any heating, ventilating and air conditioning systems not otherwise being paid for by tenants; the cost of landscaping and seasonal decorations; the cost of maintaining and repairing and exterior stairway, truck way, loading dock, package pick-up stations, pedestrian sidewalk; the cost of maintaining, repairing, operating and policing the buildings and improvements In the Retail Center and their appurtenances and equipment, including, without limitation, the roof, common signage, the parking lot and any driveway areas, including the construction and maintenance of lighting facilities therefor, comfort stations and first aid stations, exterior window cleaning costs; labor costs; all management costs including: management fees, if any; employee benefits and payroll taxes; accounting and legal fees; material costs; equipment costs, including the cost of service agreements on equipment; tool costs; the cost of licenses, permits and inspection fees, and any sales, use or service taxes incurred in connection therewith. 2. Excluded are amounts chargeable to specific tenants of the Retail Center and amounts resulting from structural replacements to the exterior of any individual store building of the Retail Center which are normally chargeable to capital account under sound accounting principles. CAM shall not include depreciation or amortization of the Retail Center or equipment in the Retail Center except as provided herein, loan principle payments, costs of alterations of tenants’ premises, Page 86 of 449 9 222559v6 leasing commissions, interest expenses on long-term borrowings, advertising costs or management salaries for executive personnel located at the Retail Center. 3. In addition, Landlord shall be entitled to amortize and include as an additional rental adjustment: (i) an allocable portion of the cost of capital improvements items which are reasonably calculated to reduce operating expenses: (ii) fire sprinklers and suppression systems and other life safety systems; and (iii) other capital expenses which are required under any governmental laws, regulations or ordinances which were not applicable to the Retail Center at the time it was constructed. All such capital costs shall be amortized over the reasonable life of such improvements in accordance with such reasonable life and amortization schedules as shall be determined by Landlord in accordance with generally accepted accounting principles, with interest on the unamortized amount at one percent (1%) in excess of the prime lending rate announced from time to time as such by the Wall Street Journal. B. Tenant shall pay as additional rent for each Lease Year Tenant’s Proportionate Share of Taxes incurred for such Lease Year. Tenant’s Proportionate Share shall be equal to the percentage obtained by dividing the leasable area of the Premises by the total leasable area within the Retail Center and converting said product to a percentage. Said percentage of Taxes of the entire Retail Center shall then equal Tenant’s Proportionate Share of the said Taxes. Said percentage and Tenant’s Proportionate Share may change from time to time, if e.g., the Premises area changes due to lease amendment, the Retail Center is expanded, etc. Tenant’s initial Proportionate Share is set forth on the Reference Page. Rental payments pursuant to this Article shall be paid in monthly installments as provided in paragraph A of Article 3. 4. “Taxes” shall be defined as: Real estate and any other taxes, charges and assessments which are levied with respect to the Retail Center or the land appurtenant to the Retail Center, or with respect to any improvements, fixtures and equipment or other property of Landlord, real or personal, located in the Retail Center and used in connection with the operation of the Retail Center and said land; any payments to any ground lessor or mortgagee in reimbursement of tax payments made by such lessor; and all fees, expenses and costs incurred by Landlord in reasonably investigating, protesting, contesting or in any way seeking to reduce or avoid increase in any assessments, levies or the tax rate pertaining to any Taxes to be paid by Landlord in any Lease Year. Taxes shall not include any corporate franchise, or estate, inheritance or net income tax, or tax imposed upon any transfer by Landlord of its interest in this Lease Agreement or, Retail Center. C. Prior to the actual determination thereof for a Lease Year, Landlord may from time to time estimate Tenant’s liability for Taxes of the Lease Year or portion thereof. Landlord will give Tenant written notification of the amount of such estimate, and Tenant agrees that it will pay, by increase of its monthly installments of Rent due in such Lease Year, additional rent in the amount of such estimate. Any such increased rate of monthly installments of Rent pursuant to this Article shall remain in effect until further written notification to Tenant pursuant hereto. Page 87 of 449 10 222559v6 D. When the above mentioned actual determination of Tenant’s liability for Taxes is made in any Lease year and when Tenant is so notified in writing:: 1. If the total additional rent Tenant actually paid pursuant to this Article on account of Taxes for the Lease year is less than Tenant’s liability for Taxes, then Tenant shall pay to Landlord such deficiency as additional rent in one lump sum within thirty (30) days of receipt of Landlord’s bill therefor: and 2. If the total additional rent Tenant actually paid pursuant to this Article on account of Taxes for the Lease Year is more than Tenant’s liability for Taxes, then Landlord shall credit the difference against the next payment due under this Article. E. If the Commencement Date is other than January 1 or if the Termination Date is other than December 31, Tenant’s liability for CAM and Taxes for the Lease Year in which said Date occurs shall be prorated based upon a three hundred sixty-five (365) day year. F. Landlord reserves, and Tenant hereby assigns to Landlord, the sole and exclusive right to contest, protest, petition for review, or otherwise seek a reduction in real estate taxes. G. The parties acknowledge that this Lease Agreement may be subject to the terms and conditions of an agreement concerning ingress and egress, maintenance and repair, lighting and other matters relevant to the operation of the Retail Center. Landlord warrants and represents that any such agreements, and the covenants, representations and provisions therein contained shall not materially adversely affect Tenant’s business operation or any of its rights and privileges specified in this Lease Agreement. Tenant shall be supplied a copy of said cross-easement agreement upon request. ARTICLE 6- UTILITIES AND SERVICES A. Commencing with the date on which Landlord delivers the Premises to Tenant, Tenant shall be responsible for the payment natural gas bills, electric bills, garbage refuse bills, and water and sewer bills as set forth on the Reference Page. Tenant further agrees with regards to any utilities that are not separately metered, that if the Landlord, in its reasonable discretion, shall determine that Tenant uses an excessive amount of said utility, Tenant shall be required to Tenant’s sole cost to install a submeter. Tenant shall allow Landlord any access to the Premises necessary to meter, submeter and/or monitor usage of gas, water, sewer and electricity. Tenant agrees to maintain and clean Premises and keep the same in a sanitary and orderly manner. Tenant shall provide its own trash removal to dumpsters provided by Landlord within the Retail Center, recycling (to collection points within the Retail Center), pest, and vermin control. Should Tenant fail to clean and maintain the Premises and remove trash therefrom as required herein, Landlord shall have the right to complete such services and charge Tenant such costs as additional rent. Tenant shall not waste any utilities and will adopt affirmative practices and policies to conserve utilities. B. Landlord agrees to provide the heating, ventilating and air conditioning units (“HVAC”) currently servicing the Premises, which shall be maintained by Tenant pursuant to Article 9 below. Page 88 of 449 11 222559v6 C. No temporary interruption or failure of such services incidental to the making of repairs, alterations or improvements, or due to accidents or strike or conditions or events not under Landlord’s control shall be deemed as an eviction of the Tenant or relieve the Tenant from any of the Tenant’s obligations hereunder. ARTICLE 7 – NON-LIABILITY OF LANDLORD Except in the event of gross negligence of Landlord, its agents, employees or contractors, Landlord shall not be liable for any loss or damage for failure to furnish heat, air conditioning, electricity, water, sewer or gas service. Landlord shall not be liable for personal injury, death or damage from any cause about the Premises or the Retail Center except if caused by Landlord’s gross negligence. ARTICLE 8 – CARE OF PREMISES AND EQUIPMENT A. Tenant agrees: 1. To keep the Premises in good condition and repair as it was at the time Tenant took possession of same; 2. To keep the Premises in a safe, clean and sanitary condition and in compliance with all applicable laws, ordinances, rules and regulations of governmental authority, or of any company or companies insuring against losses resulting from damage or destruction to the Retail Center or from personal injuries, deaths or property damage occurring in, on or about the Retail Center; 3. Not to commit any nuisance or waste on the Premises, overload the Premises or the electrical, water and/or plumbing facilities in the Premises or Retail Center, throw foreign substances in plumbing facilities, or wastefully use any of the utilities furnished by Landlord; and 4. To abide by such rules and regulations as may from time to time be reasonably promulgated by Landlord; 5. Except as otherwise provided in this Article, those portions of the Premises, including, but not limited to, plumbing, electrical, HVAC equipment and other mechanical equipment requiring maintenance or repair, shall at all times be maintained and repaired at Tenant’s own cost and expense and in accordance with all laws, directions, rules and regulations of regulatory bodies or officials having jurisdiction in that regard. 6. Tenant shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor approved by Landlord for servicing all HVAC equipment serving the Premises (and a copy thereof shall be furnished to Landlord). The service contract must include all services suggested by the equipment manufacturer in the operation/maintenance manual and must become effective within thirty (30) days of the date Tenant takes possession of the Premises. Landlord may, upon notice to Tenant, enter into such a maintenance/service contract on behalf of Tenant or perform the work in either Page 89 of 449 12 222559v6 case, charge Tenant the cost thereof along with a reasonable amount for Landlord’s overhead. If Tenant refused or neglects to commence repairs and/or maintenance within ten (10) days after written demand and/or adequately to complete such repairs within a reasonable time thereafter, Landlord may make the repairs without liability to Tenant for any loss or damage that may accrue to Tenant’s stock or business by reason thereof. If Landlord makes such repairs, Tenant shall pay to Landlord, on demand, as additional rent the cost thereof with interest at the rate of interest as set forth in Article 20 from the date of commencement of said repairs. B. Notwithstanding the provisions of Paragraph 9(A)5 above, Landlord reserves the right to implement a uniform program of standard maintenance for the HVAC systems servicing the Retail Center, of which the Premises is a part with companies of Landlord’s choosing. Tenant acknowledges that such company or companies shall be hired by Landlord as an independent contractor and Landlord shall not be liable for the negligent acts or omissions of said independent contractor(s). Should Landlord exercise such right, Tenant agrees to pay within ten (10) days from the receipt of an invoice from Landlord its share of such maintenance costs based on a per unit cost provided by said contractor(s). In the event the standard maintenance contract shall be based on a flat fee for the entire Retail Center, Landlord shall invoice Tenant for its proportionate share of such maintenance costs which shall be determined by multiplying the total cost incurred by Landlord by the ratio of square feet of the Premises to the square feet of the gross leasable area of all existing buildings and facilities subject to such maintenance contract. Specific repairs to Tenant’s HVAC not covered under Landlord’s standard maintenance contract shall remain the sole responsibility of Tenant, however, Tenant shall only utilize for such repair, the contractor or contractors designated and approved by Landlord. Notwithstanding the foregoing, Tenant acknowledges that at all times during the Term of this Lease Agreement, including any renewals or extensions thereof, Landlord shall not be responsible or liable to Tenant for the maintenance of Tenant’s HVAC system. C. If Tenant shall fail to keep and preserve the Premises in the state of condition required by the provisions of this Lease Agreement, Landlord may at its option put or cause the same to be put into the condition and state of repair agreed upon, and in such case the Tenant, on demand, shall pay the cost thereof, as additional rent. ARTICLE 9- NON-PERMITTED USE Tenant agrees to use the Premises only for the Authorized Business purpose. Tenant further agrees not to commit or permit any act to be performed on the Premises or any omission to occur which shall be in violation of any statute, regulation or ordinance of any governmental body or which will increase the insurance rates on the Retail Center or which will be in violation of any insurance policy carried on the Retail Center by the Landlord. Tenant, at its expense, shall comply with all governmental orders, rulings and directives for the corrections, prevention and abatement of any violation upon, or in connection with, the Premises or Tenant’s use or occupancy of the Premises, including the making of any alterations or improvements to the Premises, all at Tenant’s sole cost and expense. ARTICLE 10 – INSPECTION The Landlord or its employees or agents shall have the right without any diminution of rent or other charges payable hereunder by Tenant to enter the Premises at all reasonable times for the Page 90 of 449 13 222559v6 purpose of exhibiting the Premises to prospective tenants or purchasers and/or inspection, cleaning, repairing, testing, altering or improving the same or said Retail Center, but nothing contained in this Article shall be construed so as to impose any obligation on the Landlord to make any repairs, alterations or improvements. Landlord shall have the right to access the Premises at any time in an emergency situation. ARTICLE 11 – ALTERATIONS Tenant will not make any alterations, repairs, additions or improvements in or to the Premises or add, disturb or in any way change any locks, plumbing or wiring therein without the prior written consent of the Landlord as to the character of the alternations, additions or improvements to be made, the manner of doing the work, and the contractor doing the work. Such consent shall not be unreasonably withheld or delayed, if such alternations, repairs, additions or improvement are required of Tenant or are the obligation of Tenant pursuant to this Lease Agreement. All such work shall comply with all applicable governmental laws, ordinances, rules and regulations. The Landlord as a condition to said consent may require a surety performance and/or payment bond from the Tenant for said actions. Tenant aggress to indemnify and hold Landlord free and harmless from any liability, loss, cost, damage, or expense (including attorneys’ fees) by reason of any said alteration, repairs, additions, or improvements. ARTICLE 12 – SIGNS Tenant shall, if requested by Landlord, install at Tenant’s expense an exterior sign conforming to the general appearance of other signs in the Retail Center and the sign criteria established by Landlord in writing. Tenant shall at all times keep all signs in accordance with Landlord’s sign criteria, in good condition, in proper operating order and in accordance with all applicable government regulations. Upon termination of this Lease Agreement, Tenant shall remove any signs and repair any damage to the Retail Center caused by the installation and removal or at Landlord’s option, such signs shall become part of the realty and belong to Landlord without compensation to Tenant. Use of the roof of the Premises is reserved to Landlord, and Landlord may install roof equipment, signs, antennae, displays and other objects and may construct additional stories above the Premises, provided any such use does not unreasonably interfere with Tenant’s occupancy of the Premises. . Tenant agrees that no other signs or other advertising materials shall be erected, attached or affixed to any portion of the interior or exterior of the Premises or the Retail Center without the express prior written consent of the Landlord. ARTICLE 13 – COMMON AREAS A. Tenant shall have the non-exclusive right to use the areas of the Retail Center other than Tenant’s Premises (“Common Areas”) . Landlord may require that automobiles operated by Tenant, licensees, vendors, customers, or its employees be parked in specific portions of the Common Areas or in other parking areas outside the Retail Center which are in reasonable proximity. Tenant shall not interfere with the rights of the other persons to use the Common Areas. Landlord may temporarily close parts of the Common Areas for such periods of time as may be necessary for (i) temporary use as a work area in connection with construction of buildings or other improvements within the Retail Center or contiguous property, (ii) repairs or alterations in or to the Common Areas or to any utility type facilities, (iii) preventing the public from obtaining prescriptive rights in or to the Common Areas, (iv) security reasons, or (v) doing and performing such other acts as in the use of good business judgement Landlord shall Page 91 of 449 14 222559v6 determine to be appropriate for the Retail Center. Provided however, that Landlord shall use reasonable efforts not to unduly interfere with or disrupt Tenant’s business. Landlord shall have the right at any time to change the dimensions and location of any buildings in the Retail Center and the arrangement and/or locations of entrances, parking areas, sidewalks, landscaped areas, passageways or other parts of the Common Areas and to change the name, number or designation by which the Retail Center is commonly known. Tenant’s use of Common Areas shall be subject to such rules and regulations as may from time to time be made Landlord for the safety, comfort and convenience of the owners, occupants, tenants and invitees of said Retail Center, Tenant agrees that no awnings, curtains, drapes or shades shall be used upon the Premises except as may be approved by Landlord. B. Landlord and Tenant agree that Landlord will not be responsible for any loss, theft or damage to vehicles, or the contents thereof, parked or left in the Common Areas, and Tenant agrees to so advise its licensees, vendors, customers, or its employees who may use such parking areas. The parking areas shall include those areas designated by Landlord, in its sole discretion, as either restricted or unrestricted parking areas for overnight storage of vehicles. ARTICLE 14 – ASSIGNMENT AND SUBLETTING A. Tenant agrees not to assign, sublet, license, mortgage or encumber this Lease Agreement, the Premises, or any part thereof, whether by voluntary act, operation of law, or otherwise without the specific prior written consent of Landlord in each instance. If Tenant is a corporation or partnership, transfer of a controlling interest of the entity shall be considered an assignment of the Lease Agreement. Consent of such assignment by Landlord shall not be a waiver of Landlord’s rights under this Article as to requiring consent for any subsequent transfer of a controlling interest in the entity. In the event Tenant desires to sublet a portion or all of the Premises, or assign this Lease Agreement, Tenant shall give written notice to Landlord at least thirty (30) days prior to the proposed subletting or assignment, which notice shall state the name of the proposed subtenant or assignee, the terms of the sublease or assignment documents and copies of financial information of the proposed subtenant or assignee. At Landlord’s option, any and all payments by the proposed assignee or sublessee with respect the assignment of sublease shall be paid directly to Landlord. In any event no subletting or assignment shall release Tenant of its obligation to pay the rent and perform all other obligations to be performed by Tenant hereunder for the Term of this Lease Agreement. The acceptance of rent by Landlord from any other person shall not be deemed to be a waiver by Landlord of any provision hereof. At Landlord’s option, Landlord may terminate the Lease Agreement in lieu of giving its consent to any proposed assignment of this Lease Agreement or subletting of the Premises (which termination may be contingent upon the execution of a new lease with the proposed assignee or subtenant). B. In no event shall Landlord be required to consent to any assignment or sublease by Tenant or any person holding an interest in the leasehold under or through Tenant ("Transfer"). C. Landlord’s right to assign this Lease Agreement is and shall remain unqualified upon any safe or transfer of the Retail Center and, providing the purchaser succeeds to the interests of Landlord Page 92 of 449 15 222559v6 under this Lease Agreement. Landlord shall thereupon be entirely freed of all obligations of Landlord hereunder and shall not be subject to any liability resulting from any act or omission or event occurring after such conveyance. ARTICLE 15 – LOSS BY CASUALTY If the Retail Center is damaged or destroyed by fires or other causality, Landlord shall have the right to terminate this Lease Agreement, provided it gives written notice thereof to Tenant within ninety (90) days after such damage or destruction. If a portion of the Premises is damaged by fire or other casualty, and Landlord does not elect to terminate this Lease Agreement, the Landlord shall, at its expense, restore the Premises to as near the condition which existed immediately prior to such damage or destruction, as reasonably possible. The amount owed in rent shall abate during such period of time as the Premises is untenantable, the proportion that the untenantable portion of the Premises bears to the entire Premises. ARTICLE 16 – WAIVER OF SUBROGATION Tenant hereby releases Landlord from any and all liability or responsibility to the other or anyone claiming through or under them by way of subrogation or otherwise for any loss or damage to property caused by fire or any of the extended coverage or supplementary contract casualties, even if such fire or other casualty shall have been caused by the fault or negligence of the other party, or anyone for whom such party may be responsible. Provided however, that this release shall be applicable and in force and effect only with respect to loss or damage occurring during such times as releasing party’s policies shall contain a clause or endorsement to the effect that any such release would not adversely affect or impair said policies or prejudice the right of the releasing party to recover thereunder. Landlord and Tenant agree that they will request their insurance carriers to include in their policies such a clause or endorsement. If extra cost shall be charged therefor, each party shall advise the other of the amount of extra cost, and the other party at its election, may pay the same, but shall not be obligated to do so. ARTICLE 17 – EMINENT DOMAIN If the entire Retail Center is taken by eminent domain, this Lease Agreement shall automatically terminate as of the date of taking. If a portion of the Retail Center is taken by eminent domain, the Landlord shall have the right to terminate this Lease Agreement, provided it gives written notice thereof to the Tenant within ninety (90) days after the date of taking. If a portion of the Premises is taken by eminent domain and this Lease Agreement is not terminated by Landlord, the Landlord shall, at its expense, restore the Premises to as near the condition which existed immediately prior to the date of taking as reasonably possible, and the rentals shall abate during such period of time as the Premises are untenantable, in the proportion that the untenantable portion of the Premises bears to the entire Premises. All damages awarded for such taking under the power of eminent domain shall belong to and be the sole property of Landlord, irrespective of the basis upon which they are awarded: provided, however, that nothing contained herein shall prevent Tenant from making a separate claim to the condemning authority for its moving expenses and trade fixtures. For purposed of this Article, a taking by eminent domain shall include Landlord’s giving of a deed under threat of condemnation. ARTICLE 18 – SURRENDER Page 93 of 449 16 222559v6 On the last day of the Term of this Lease Agreement or on the sooner termination thereof in accordance with the terms hereof, Tenant shall peaceably surrender the Premises in good condition and repair consistent with Tenant’s duty to make repairs as provided in Article 9 hereof. On or before said last day, Tenant shall remove all of its equipment from the Premises, repairing any damage caused thereby, and any property not removed shall be deemed abandoned. All alterations, additions and fixtures other than Tenant’s trade fixtures, which have been made or installed by either Landlord or Tenant upon the Premises shall remain as Landlord’s property and shall be surrendered with the Premises, or shall be removed by Tenant, at the option of Landlord, in which event Tenant shall at its expense repair any damage caused thereby. It is specifically agreed that any all telephonic, coaxial, ethernet, or other computer, word processing, facsimile, or electronic wiring installed by Tenant within the Premises (hereafter “Wiring”) shall be removed at Tenant’s cost at the expiration of the Term, unless Landlord has specifically requested in writing that said Wiring shall remain, whereupon said Wiring shall be surrendered with the Premises as Landlord’s property. If the Premises are not surrendered at the end of the Term or the sooner termination thereof, Tenant shall indemnify Landlord against loss or liability resulting from delay by Tenant in so surrendering the Premises, including, without limitation, claims made by any succeeding tenant founded on such delay. Tenant shall promptly surrender all keys for the Premises to Landlord at the place then fixed for payment of rental and shall inform Landlord of combinations on any locks and safes on the Premises. ARTICLE 19 – NONPAYMENT OF RENT, DEFAULTS A. If any one or more of the following occurs: 1) A rent payment or any other payment due from Tenant to Landlord shall be and remain unpaid in whole or in part for more than ten (10) days after same is due and payable; 2) Tenant shall fail to continuously operate the Authorized Business with in the Premises for ten (10) days consecutive business days, in violation of Article 2(P); 3) Tenant shall violate or default on any of the other covenants, agreements, stipulations or conditions herein, or in my parking agreement(s) or other agreements between Landlord and Tenant relating to the Premises and such violation or defaults shall continue for a period of ten (10) days after written notice from Landlord of such violation or default; or 4) if Tenant shall commence or have commenced against Tenant proceedings under a bankruptcy, receivership, insolvency or similar type of action then it shall be optional for Landlord , without further notice or demand, or cure such default or to declare this Lease Agreement forfeited and the said Term ended, or to terminate only Tenant’s right to possession of the Premises, and to reenter the Premises, with or without process of law, using such force as may be necessary to remove all persons or chattels therefrom, and Landlord shall not be liable for damages by reason of such reentry or forfeiture. B. Notwithstanding reentry by Landlord or termination only of Tenant’s right to possession of the Premises, the liability of Tenant for the rent and all other sums provided herein shall not be relinquished or extinguished for the balanced of the Term of this Lease Agreement, and Landlord shall be entitled to periodically sue Tenant for all sums due under this Lease Agreement or which become due prior to judgment, but such suit shall not bar subsequent suits for any further sums coming due thereafter. C. Tenant shall be responsible for, in addition to the rentals and other sums agreed to be paid hereunder, the cost of any necessary maintenance, repair, restoration, reletting (including related cost Page 94 of 449 17 222559v6 of removal or modification of tenant improvements) or cure, as well as reasonable attorneys’ fees incurred or awarded in any suit or action institute by Landlord to enforce the provisions of this Lease Agreement, regain possession of the Premises, or the collection of the rentals due Landlord hereunder. D. Tenant agrees to pay interest at the highest permissible rate of interest allowed under the usury statutes of the State of Minnesota, or in case no such maximum rate of interest is provided, at the rate of twelve percent (12%) per annum, on all rentals and other sums due Landlord hereunder not paid within ten (10) days form the date same become due and payable. E. Each right or remedy of Landlord provided for in this Lease Agreement shall be cumulative and shall be in addition to every other right or remedy provided for in this Lease Agreement now or hereafter existing at law or in equity or by stature or otherwise. ARTICLE 20 – LANDLORD’S DEFAULT Landlord shall not be deemed to be in default under this Lease Agreement until Tenant has given Landlord written notice specifying the nature of the default and Landlord does not cure such default within thirty (30) days after receipt of such notice or within such reasonable time thereafter as may be necessary to cure such default where such default is of such a character as to reasonable require more than thirty (30) days to cure. ARTICLE 21 – HOLDING OVER Tenant will, at the expiration of this Lease Agreement, whether by lapse of time or termination, give up immediate possession to Landlord. If Tenant fails to give up possession the Landlord may, at its option, serve written notice upon Tenant that such holdover constitutes any one of (i) renewal of this Lease Agreement for one year, and from year to year thereafter, or (ii) creation of a month-to-month tenancy, or (iii) creation of a tenancy at sufferance. If Landlord does not give said notice, Tenant’s holdover shall create a tenancy at sufferance. In any such event the tenancy shall be upon terms and conditions of this Lease Agreement, except that the Minimum Rental shall be double the Minimum Rental amount Tenant was obligated to pay Landlord under this Lease Agreement immediately prior to termination (in case of tenancy at sufferance such Minimum Rental shall be prorated on the basis of a 365 day year for each day Tenant remains in possession). In the case of a tenancy at sufferance , no notices shall be required prior to commencement of any legal actions to gain repossession of the Premises. In the case of a tenancy at sufferance, Tenant shall also pay to Landlord all damages sustained by Landlord resulting from retention of possession by Tenant. The provisions of this paragraph shall not constitute a waiver by Landlord of any right of reentry as otherwise available to Landlord; nor shall receipt of any rent or any other act in apparent affirmance of the tenancy operate as a waiver of the right to terminate this Lease Agreement for a breach by Tenant hereof. ARTICLE 22 – SUBORDINATION Tenant agrees that this Lease Agreement shall be subordinate to any mortgage(s) that may now or hereafter be placed upon the Retail Center or any part thereof, and to any and all advances to be made thereunder, and to the interest thereon,, and all renewals, replacements, and extensions thereof, provided the mortgagee named in such mortgage(s) shall agree to recognize this Lease Agreement or Tenant in the event of foreclosure provided the Tenant is not in default. In confirmation of such subordination, Tenant shall promptly execute and deliver any instrument, in recordable form, as Page 95 of 449 18 222559v6 required by Landlord’s mortgage. In the event of any mortgagee electing to have the Lease Agreement a prior encumbrance to its mortgage, then and in such event upon such mortgage notifying Tenant to that effect, this Lease Agreement shall be deemed prior in encumbrance to the said mortgage, whether this Lease Agreement is dated prior to or subsequent to the date of said mortgage. ARTICLE 23 – INDEMITY, INSURANCE AND SECURITY A. Tenant will keep in force at its own expense for so long as this Lease Agreement remains in effect public liability insurance with respect to the Premises in which Landlord shall be named as an additional insured, in companies and in form acceptable to Landlord with a minimum combined limit of liability of Two Million ($2,000,000.00). This limit shall apply per location. Said insurance shall also provide for contractual liability coverage by endorsement. Tenant shall further provide for business interruption insurance to cover a period of not less than six (6) months. Tenant will further deposit with Landlord the policy or policies of such insurance or certificates thereof, or other acceptable evidence that such insurance is in effect, which evidence shall provide that Landlord shall be notified in writing thirty (30) days prior to cancellation, material change, or failure to renew the insurance. B. Tenant further covenants and agrees to indemnify and hold Landlord and Landlord’s manager of the Retail Center harmless for any claim, loss or damage, including reasonable attorney’s fees, suffered by Landlord, Landlord’s manager or Landlord’s other tenants caused by: i) any act or omission by Tenant, Tenant’s employees or anyone claiming through or by Tenant in, at, or around the Premises or the Retail Center; ii) the conduct or management of any work or thing whatsoever done by Tenant in or about the Premises or from transactions of the Tenant concerning the Premises; or iii) Tenant’s failure to comply with any and all governmental laws, rules, ordinances or regulations applicable to the use of the Premises and its occupancy. C. Tenant shall also comply with all applicable state and local laws, statues, ordinances or regulations applicable to the use of the Premises and its occupancy. Tenant shall also comply with all applicable estate and local laws, ordinances and regulations, including applicable provisions of Minn. Stat. §340A.408 et. seq. regarding dispensing or selling of alcohol in the event Tenant should ever obtain license to sell beer and/or wine; and Tenant shall at all times maintain such “dram shop insurance” having limits in compliance with the provisions of Minn. Stat. § 340A.409. If Tenant shall not comply with its covenants made in this Article 24, Landlord may, at its option, cause insurance as aforesaid to be issued and in such event, Tenant agrees to pay the premium for such insurance promptly upon Landlord’s demand. Notwithstanding the foregoing, Tenant shall not sell or dispense beer, wine, liquor or any other alcoholic beverages from the Premises without the prior consent of Landlord, which consent Landlord may grant or withhold for any or no reason. D. Tenant shall be responsible for the security and safeguarding of the Premises and all property kept, stored or maintained in the Premises. Landlord will make available to Tenant, at Tenant’s request, the plans and specifications the Retail Center and the Premises. Tenant represents that it is satisfied with the Retail Center and the Premises, including the floors, walls, windows, doors and means of access thereto are suitable for the particular needs of Tenant’s business. Tenant further represents that it is satisfied with the security of said Retail Center and Premises for the protection of any property which may be owned, held, stored or otherwise caused or permitted by Tenant to be present upon the Premises. The placement and sufficiency of all safes, vaults, cash or security drawers, cabinets or the Page 96 of 449 19 222559v6 like placed upon the Premises by Tenant shall be at the sole responsibility and risk of Tenant. Tenant shall maintain in force throughout the Term, insurance upon all contents of the Premises, including that owned by others and Tenant’s equipment and any alterations, additions, fixtures, or improvements in the Premises acknowledged by Landlord to be the Tenant’s. E. Landlord shall carry and cause to be in full force and effect a fire and extended coverage insurance policy on the Retail Center, but not Tenant’s merchandise, trade fixtures, furnishings, operating equipment, wall, floor and window coverings, nor any other contents owned, leased or otherwise in possession of Tenant. The cost of such insurance shall be a CAM expense. ARTICLE 24 – NOTICES All notices from one party to another required or permitted by any provisions of this Lease Agreement shall be sent by certified, prepaid, or registered mail, at the address provided for on the Reference Page to this Lease Agreement. Landlord and Tenant shall each have the right at any time and from time to time to designate one (1) additional party to whom copies of any notice shall be sent. ARTICLE 25 – APPLICALBE LAW This Lease Agreement shall be construed under the laws of the State of Minnesota. ARTICLE 26 – MECHANICS’ LEIN In the event any mechanic’s lien shall at any time be filed against the Premises or any part of the Retail Center by reason of work, labor, services or materials performed or furnished to Tenant or to anyone holding the Premises through or under Tenant, Tenant shall forthwith cause the same to be discharged of record. If Tenant shall fail to cause such lien forthwith to be discharged within five (5) days after being notified of the filing thereof, then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, discharge the same by paying the amount claimed to be due, or by bonding, and the amount so paid by Landlord and all costs and expenses, including reasonable attorneys’ fees incurred by Landlord in procuring the discharge of such lien, shall be due and payable in full by Tenant to Landlord on demand. ARTICLE 27 – SECURITY INTEREST Tenant hereby grants to Landlord a security interest in all goods, chattels, fixtures and personal property belonging to Tenant, which now are or may hereafter by placed in the Premises, to secure all rents due hereunder and all other covenants and obligations of Tenant hereunder. In the event there exists any security interest in said property which security interest is paramount and superior to the security interest herein created, Landlord may satisfy said paramount security interest, and all sums paid in satisfying said security interest will be considered additional sums owed Landlord by Tenant hereunder. Tenant hereby acknowledges receipt of a true, full and complete copy of this Lease Agreement. Landlord, in the event of a default by Tenant of any covenant or condition herein contained, may exercise, in addition to any rights and remedies herein granted, all the rights and remedies of a secured party under the Uniform Commercial Code or any other applicable law. Tenant Page 97 of 449 20 222559v6 agrees upon request of Landlord to execute and deliver to Landlord a financing statement evidencing such security interest. A copy of this Lease Agreement may be filed as a financing statement. ARTICLE 28 – BROKERAGE Each of the parties represents and warrants that there are no claims for brokerage commissions or finder’s fees in connection with this Lease Agreement, and agrees to indemnify the other against, and hold it harmless from all liabilities arising from any such claim, including without limitation, the cost of attorney’s fees in connection therewith. ARTICLE 29 – SUSTITUTION Landlord reserves the right, on thirty (30) days’ written notice to Tenant, to substitute other premises within the Retail Center for the Premises hereunder. The substituted premises shall contain substantially the same square footage as the Premises, shall contain comparable improvements, and the minimum Rental shall not exceed the Minimum Rental specified in Article 3 hereof. ARTICLE 30 – ESTOPPEL CERTIFICATES Each party hereto agrees that at any time, and from time to time during the Term of this Lease Agreement (but not more than twice in each calendar year), within ten (10) days after request by the other party hereto, it will execute, acknowledge and deliver to such other party or to any prospective purchaser, assignee or mortgagee designated by such other party, an estoppel certificate in a form acceptable to Landlord. Tenant agrees to provide Landlord (but not more often than twice in any calendar year), within ten (10) days of request, the most current annual sales reports of Tenant and any guarantors of this Lease Agreement, which shall be certified by Tenant. ARTICLE 31 – GENERAL A. This Lease Agreement does not create the relationship of principal and agent or of partnership or of joint venture or of any association between Landlord and Tenant, the sole relationship between Landlord and Tenant being that of landlord and tenant. B. No waiver of any default of Tenant hereunder shall be implied from any omission by Landlord to take any action on account of such default if such default persists or is repeated, and not express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. C. The covenants of Tenant to pay the Minimum Rental and the Additional Rental are each independent of any other covenant, condition, or provision contained in this Lease Agreement. D. The marginal or topical headings of the several Articles, paragraphs and clauses are for convenience only and do not define, limit or construe the contents of such Articles, paragraphs or clauses. E. All negotiations are merged into and incorporated in this Lease Agreement. F. This Lease Agreement can only be modified or amended by an agreement in writing signed by the parties hereto. G. All provisions hereof shall be binding upon the heirs, successors and assigns or each party hereto. Page 98 of 449 Page 99 of 449 22 222559v6 By:__________________________________ Name:_Scott Neal___________________ Its:___City Manager________________________ Dated:__ _____________________________ Page 100 of 449 23 222559v6 EXHIBIT A Page 101 of 449 24 222559v6 EXHIBIT B TENANT’S WORK AND LANDLORD’S WORK . Tenant shall take the Premises in its currant “AS IS” condition without any modification for alterations to be performed by Landlord. If the Tenant wishes to do work the work shall be performed in a first-class workmanlike manner and shall be in good and usable condition at the date of completion thereof. Unless specifically set forth on the Plans to the contrary. Tenant’s Work shall: A. General Requirements, 1. Tenant shall obtain written approval, from Landlord, of all work, materials, equipment, fixtures, furnishings, etc., which become a permanent part of the structures and shall conform to all design criteria and construction guidelines established by the Landlord. 2. Tenant shall be responsible for obtaining all required construction document review with all governing authorities to obtain all required building permits, inspections, occupancy permits, operating license, etc., pertaining to the Tenant’s construction work and nature of Tenant’s business. 3. Tenant shall provide insurance and all other documentation relating to Tenant’s construction activities as required by the Landlord to the Limits stated in the Lease or as set forth below, whichever is greater. 4. Landlord shall have the right to approve or disapprove all contractors employed by the Tenant. This shall not be unreasonably withheld. 5. Tenant shall not begin construction activities until all approvals have been granted by Landlord. 6. All work undertaken by the Tenant shall be at Tenant’s sole liability and expense. 7. Tenant’s construction activities shall not damage or compromise the structural integrity of the building. All work shall be done in accordance with the applicable building codes, laws and ordinances. The Tenant shall be held liable for any damage caused by the Tenant or Tenant’s employees and Contractors. 8. All work undertaken by the Tenant shall be coordinated with the completed with the Landlord so as not to interfere with Landlord’s construction scheduled or any other activity. All contractors employed by Tenant shall allow shall allow other contractors, even of the same trade, to work on the Premises without interference. 9. Tenant shall be responsible for the cost of receipt of all deliveries and unloading all materials pertaining to Tenant’s construction activities. All deliveries shall be made through the service door (where provided). Storage of equipment and materials shall be confined to the Leased Premises. Page 102 of 449 25 222559v6 10. Tenant shall keep the Premises free from accumulations of debris caused by the Tenant’s contractors and/or employees Tenant shall arrange for services to be provided for the removal of debris during the period of Tenant’s construction activity and on a continued basis thereafter. 11. Tenant shall clean HVAC filters clogged by dust or other debris resulting from Tenant’s construction activities, and on a continuing basis thereafter. B. Interior Work, Tenant shall provide all necessary work according to Tenant’s design, local code requirements and nature of Tenant’s business. This shall include but not necessarily be limited to the following: 1. All interior partition walls, doors. Etc. 2. Interior wall finishes including priming, painting and/or wall covering, etc. 3. Floor coverings and wall base, 4. Plumbing: a. All plumbing work, including but not limited to rest room fixtures, utility sinks, drinking fountains, water heater, grease traps, hair traps, etc. b. Tenant shall apply to the local utility company for water/sewer service and shall pay all tap, connection and impact fees attributable to Tenant’s design and nature of Tenant’s business. c. Tenant shall pay for meter set and all related fees if individual metering is required by the Landlord. Meter or remote read-out device shall be installed in a location easily accessible for reading. Tenant is not liable for any tap-in fees. 5. Electrical: a. All electrical work, including but not limited to telephone and communications system(s), accessory/décor lighting, emergency lighting, additional exit signs, storefront signage and controlling time clock, convenience outlet, etc. b. At Tenant’s option, Tenant may provide burglar alarm systems, emergency generator, Music System, etc. as approved by the Landlord. c. Tenant shall apply to the local utility company for metering and/or service and shall pay all related fees. 6. Heating, Ventilating and Air Conditioning (HVAC): a. All air distribution duet work. Page 103 of 449 26 222559v6 b. Installations of supply air diffusers and return air grilles in finished ceiling. c. Any added capacities to heating/cooling units exhaust fans, vents, are as approved by the Landlord. d. If applicable, Tenant shall apply to the local utility company for gas service and/or metering and shall pay all related fees. Meter or remote read-out device shall he installed in a location easily accessible for reading. 7. Fire Protection: a. All safety measures required by applicable jurisdictional entities and insurance companies. 8. Miscellaneous: a. All trade fixture, shelving, furnishings, signage, merchandise, etc. b. Toilet room accessories such as paper holders, soap dispenser, mirrors, shelves, etc. c. All curbs, lintels, flashings, pipes, ducts, vents, exhaust hoods, louvers, etc. as necessary to Tenant’s equipment requiring openings through the roof and/or exterior walls. All cutting, patching and flashing of the roof system must be performed by Landlord approved roofing contractor at Tenant’s expense. d. All required safety, emergency and handicap aid equipment within the Leased Premises as required by Local, State and Federal authorities. e. Tenant and/or Tenant’s contractors shall be required to provide temporary construction barriers to control and retain noise, dust and other emissions resulting from Tenant’s construction activities. Tenant agrees to follow all directives from the Landlord if, in the Landlord opinion. Tenant’s efforts to control such emissions are not adequate. f. Tenant shall insulate, to the extent required by the nature of the Tenant’s business the demising wall and ceiling so as not to permit sounds odors, etc. to emanate outside the Leased Premises. Landlord’s approval of plans and specifications shall not constitute an acknowledgement that Tenant’s Work done in conformity therewith will so conform, and Tenant shall be solely responsible for corrections in Tenant’s Work required by any governmental agency. Tenant shall secure its own building and occupancy permits. Landlord shall have the right in the inspect and/or supervise, the extent Landlord deems reasonably advisable; but Landlord shall not by reason of any such inspection or supervision assume or have any responsibility to Tenant or any entity for either the quality of any Tenant’s Work or any loss, injury or damage suffered by anyone by reason of the quality or performance of any Tenant’s Work. Landlord reserves the right to require changes in Tenant’s Work when necessary by reason of code requirements or directives of governmental authorities having jurisdiction over the Premises. Tenant shall save, protect, indemnify and hold harmless Landlord, the Premises and the building and land of which the Premises are a part, from and against all claims in the nature of Page 104 of 449 27 222559v6 mechanics’ liens arising out of either any contracts entered into, or any services, labor or materials rendered, with respect to the Tenant’s Work or the Tenant Improvements. Prior to commencement of Tenant’s Work and until completion thereof, or commencement of the Term of the Lease, whichever is the last to occur, Tenant shall maintain, or cause to be maintained, casualty insurance in builder’s risk form, covering, Landlord, Landlord’s agents and beneficiaries, Landlord’s architect, Landlord’s contractor or subcontractors. Tenant and Tenant’s contractors as their interests may appear, against loss or damage by fire, vandalism and malicious mischief, and such other risks as are customarily covered by the so-called “extended coverage endorsement non-reporting form” upon all Tenant’s Work-in-Place, and all materials stored at the sites of Tenant’s Work and all materials, equipment, supplies and temporary structures of all kinds incident to Tenant’s Work and builder’s machinery, tools and equipment, all while forming a part of, or contained in, such improvements or temporary structures while on the demised premises or when adjacent thereto while on malls, drives, sidewalks, streets or alleys, all in the full insurable value thereof at all times. In addition, Tenant agrees to require all contractors and subcontractors engaged in the performance of Tenant’s Work to effect and maintain and deliver to Tenant and Landlord certificates evidencing the existence of prior to the commencement of Tenant’s Work and until completion thereof, the following minimum insurance coverages: a. Workmen’s Compensation Insurance - In accordance with the laws of the State where the Premises are located, including Employer’s Liability Insurance, to the limit of $100,000 each accident. b. Comprehensive General Liability Insurance against bodily injury, including death resulting therefrom, t the combined aggregate limits of $1,00,000. c. Automobile insurance, including “non-owned” automobiles against bodily injury, including death resulting therefrom, to the combined aggregate limit of $1,000,000 for personal injury, and against property damage to the combined aggregate of $500,000. Prior to the commencement of Tenant’s Work, Tenant shall deliver to Landlord’s Representative certificates of all required insurance, and evidence of the payment of premiums thereon (and certificates of renewal, and evidence of premium payments with reference thereto, where appropriate). All such insurance shall provide, and certificates thereof shall state, that the same in non-cancelable and non-amenable without twenty (20) days’ proper written notice to Landlord. Landlord and Tenant have agreed that the costs of the Tenant improvements shall be paid by the Tenant. Page 105 of 449 d ITEM REPORT Date: November 18, 2025 Item Activity: Approve Meeting: City Council Agenda Number: 6.18 Prepared By: Rachel DeVries Finberg, Park Planner Item Type: Report & Recommendation Department: Parks & Recreation Item Title: Fred Richards Park Wetland Bank Application Withdrawal To Pursue Wetland Preserve Alternative Action Requested: Approve the formal withdrawal of Wetland Banking Application for Fred Richards Park to pursue Wetland Preserve Alternative. Information/Background: At City Council Worksession on September 16, 2025 Parks and Recreation staff provided City Council an update and background information about the Wetland Banking process and progress. They facilitated a discussion about project options but requested no formal action. Staff provided a recommendation that the application be withdrawn and the pursuit of a Wetland Preserve concept. Resources/Financial Impacts: This decision took into consideration project budget, project goals, parks goals, and city goals. The alternative proposed fits with project budget and sustainable maintenance for the future of the project. Relationship to City Policies: Fred Richards Park is part of CIP P&R23103. Components were approved during master planning process. Supporting Documentation: 1. Staff Report Page 106 of 449 City of Edina • 4801 W. 50th St. • Edina, MN 55424 Information / Background: The Fred Richards Park master plan was approved on July 18th of 2017. On November 8th 2022 voters approved via referendum a local option sales tax to allocate $17.7 M of project funding for implementation and next phases of the Fred Richards Park master plan. Council’s June 13th, 2023 contract approval of Confluence as a design firm started next steps in implementation process taking 4400 Parklawn Ave., the former Fred Richards Executive Golf Course and transforming it into the 43-acre multi-use park visioned in the approved master plan. The Park will consist of three key areas, the Central Green, Nature Bank and Great Lawn and Loop. The work session discussion will focus on the wetland portion of the project. The Nature Bank component includes wetland banking, wetlands and natural areas, native vegetation, landform, wildlife habitat and structures, boardwalks and trails, seating, interpretive and educational opportunities. On July 18, 2023 City Council approved the pursuit of a wetland bank at Fred Richards Park. A wetland mitigation bank is a wetland, stream, or aquatic resource area that has been restored, enhanced, preserved, or established. This process is done in advance to mitigate impacts to other wetlands or other aquatic resources. The wetland banking process is a phase and section of the implementation of the Fred Richards Park master plan that contains a permanent commitment to environmental stewardship and establishment of a conservation easement with Minnesota Board of Water and Soil Resources (BWSR). This easement comes with additional requirements and responsibilities including monitoring, maintenance, terms and conditions, or limited use conditions for the easement portion of the park. This process also includes additional requirements from other regulatory agencies such as the watershed district. City Staff with assistance from EOR has been working with regulatory authorities through the wetland banking process. Project requirements have evolved from original design due to strict requirements and concerns from regulatory agencies. This process includes multiple pre permitting submissions as well as reviews and re-submissions. To date staff have submitted 3 full applications for review. Each application has taken comments and requirements into consideration, however approvals have not been granted and designs have not been able to fully meet requirements. At this stage, staff believes with certainty this process would lead to additional unforeseen costs for construction and would require the re-design of parkland spaces to meet water quality and stormwater requirements. Date: November 18, 2025 To: Mayor and City Council From: Perry Vetter, Parks & Recreation Director and Rachel Finberg, Park Planning Project Manager Subject: Fred Richards Park Wetland Update Page 107 of 449 City of Edina • 4801 W. 50th St. • Edina, MN 55424 City Council approved the hiring of H+U construction this spring to assist the project team with Construction management. A part of this service includes real time costing and constructability advice. Through costing exercises and analysis it was found that continued pursuit of wetland banking would exceed the project budget by 3.1 million which is far above expectations. These increases were due to design requirement changes including material removals and grading, stormwater BMP costs, and trail and access costs. Staff and consultants worked to see if cost reductions could be made to fit the wetland bank area within budget. These scenarios removed valued features such as the pathways, planting materials, and also non-essential components for banking approvals. This exercise still left the area 1.9 million over budget. Staff and consultants then looked at what changes could be made to the space in order to retain the intent of this space but alleviate the technical requirements and restrictions put on the space by the banking process. These changes allow for a cost reduction to put us closely in line with the budget by pursuing a Wetland Preserve in this location of the park. A wetland preserve design has been created that: • Preserves and enhances existing wetland areas • Creates diverse ecological zones • Keeps existing stormwater connections that allow for water quality and stormwater treatment for the region. • Allows for additional flood storage • Retains much of the existing tree canopy • Reduces disturbances to existing wildlife • Reduces the amount of materials exported from the site • Reduces stormwater treatment in active recreation areas • Allows for additional education, user access and passive recreational use Conclusion: It is the recommendation of staff to no longer pursue the formal wetland banking process for Fred Richards Park. Through the process to date, challenges created by banking process are no longer reasonable and manageable in cost and complexity. The urban nature of the park and the requirements of the banking process has made aspects no longer attainable without adverse costs or affects to park amenities and project goals. The staff recommendation is to pursue the wetland preserve concept and if supported by Council, will bring this for any formal actions at the time additional project approvals are requested. After discussion at September 16th City Council Work session, and feedback provided by the Mayor and Council members, staff requests a formal approval to Withdraw the Fred Richards Park Wetland Bank Application and pursue of Wetland Preserve Alternate. Page 108 of 449 d ITEM REPORT Date: November 18, 2025 Item Activity: Approve Meeting: City Council Agenda Number: 6.19 Prepared By: Rachel DeVries Finberg, Park Planner Item Type: Other Department: Parks & Recreation Item Title: Waive Permit Fees for Fred Richards Park Surcharge Bid Package One Action Requested: Approve to waive permit fees for Fred Richards Park Surcharge Bid Package one in the amount of $6,123.15. Information/Background: The City has the authority to waive building fee permits for municipal building projects. By doing so, the City is able to set aside the amount that would have been spent on the fees to instead add value to the overall project, cover potential future change orders, or make the project more affordable by reducing the total project cost. The total estimated building permit fees for this portion of the project is $6,123.15. Building Permit Fee $2,412.15 Plan Review $3,711.00 Total $6,123.15 It is important for the City Council to determine if these project’s building permit fees will be waived so that staff is able to prepare project budgets with the most accurate information available. Supporting Documentation: None Page 109 of 449 d PURCHASE REPORT Date: November 18, 2025 Item Activity: Approve Meeting: City Council Agenda Number: 6.20 Prepared By: Rachel DeVries Finberg, Park Planner Item Type: Request for Purchase Department: Parks & Recreation Item Title: Request for Purchase: Fred Richards Park Construction Contract Action Requested: Approve Construction Contract Amendment with H+U Construction in the amount of $502,334 for early earthwork GMP package including alternate 1. Information/Background: Fred Richards Park, 4400 Parklawn Avenue, the former Fred Richards Executive Golf Course, is being converted to a multi-use park. Site design and program development are underway for the 43 acre site with the project team. Hoffman Unlhorn Construction Inc (H+U) was selected as construction manager. The original construction management contract of $28,150 for preconstruction services was approved April 1st, this is an amendment to that contract. Acting as the CMAR, H+U has proceeded with the contractor qualification and an initial bid package for surcharging, which closed on October 30th. These bids were reviewed for completeness and are being presented as the initial Guaranteed Maximum Price (GMP) with alternate 1 for the project. Work for this initial bid package includes selective tree removals and preloading (surcharging) designated areas conceptualized as hard surfaces in designs. This early earthwork includes piling dirt areas to accelerate soil settlement prior to construction and with materials in place for a season before amenity construction commences. This is a site preparation bid package that will be completed before project construction begins. A construction GMP will be amended at a later date for final construction bid packages and phases. Requisition Number: 12500087 Funding Source: LOST Capital Vendor: Hoffman Unlhorn Construction Inc Equipment Status: New Cost: $502,334 Resources/Financial Impacts: This project is funded by the local option sales tax that was implemented by the referendum on November 8, 2022. The project budget is set at $17.7 million. The Construction Manager will oversee both sitework and building construction and remodeling. This is an initial GMP establishment, an amendment and final GMP will be established with final bid packages. Fred Richards park will be operated and maintained by Edina Parks and Recreation and programming or facility partners. Relationship to City Policies: Fred Richards Park is part of CIP P&R23103. Construction is based on approved Master Plan implementation. The addition and renovation of the facility supports Edina Parks and Trails Strategic plan goals. Page 110 of 449 Budget Pillar: Strong Foundation Reliable Service Livable City Better Together Values Impact: Engagement The project was engaged in 2016 to identify community needs through outreach. Concepts were presented in 2024 for comments and feedback. Sustainability Facilities will be designed to reflect the Park goals and support City's sustainability goals. SITES and LEED will be pursued with this project. Health Designs and layouts will promote physical and mental health. Accessible connections to nature will be incorporated. Stewardship Designs will reflect city standards and needs for long term sustainability and support. Strategic renovation and re-purposing will allow for budget maximization as well as impact. Equity The project will examine accessibility and needs of regional users as well as community surrounding the site. Barriers will be removed to create a welcoming and high functioning space for all to enjoy. Architectural design will be people-centered and reflect the needs of all users. Supporting Documentation: 1. H+U Construction Guaranteed Maximum Price Amendment - Early Earthwork 2. Fred Richards Park AIA 201 General Conditions Page 111 of 449 Page 112 of 449 Page 113 of 449 Page 114 of 449 Page 115 of 449 Page 116 of 449 Page 117 of 449 Page 118 of 449 Page 119 of 449 Document A201® – 2017 General Conditions of the Contract for Construction Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. For guidance in modifying this document to include supplementary conditions, see AIA Document A503™, Guide for Supplementary Conditions. for the following PROJECT: (Name and location or address) Fred Richards Park 7640 Parklawn Ave, Edina MN 55435 43.5 Acre Parkland Construction and Renovation and Construction of New Facility THE OWNER: (Name, legal status and address) City of Edina 4801 W. 50th Street Edina, MN 55347 THE ARCHITECT: (Name, legal status and address) The Architect: (Name, legal status, address, and other information) OPN Architects 212 N. 3rd Ave Suite 312 Minneapolis, MN 55401 The Landscape Architect: (Name, legal status, address, and other information) Confluence 901 N 3rd St #225 Minneapolis, MN 55401 Page 120 of 449 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 2 TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ARCHITECT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT 15 CLAIMS AND DISPUTES Page 121 of 449 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 3 INDEX (Topics and numbers in bold are Section headings.) Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8, 13.3.2, 14.1, 15.1.2, 15.2 Addenda 1.1.1 Additional Costs, Claims for 3.7.4, 3.7.5, 10.3.2, 15.1.5 Additional Inspections and Testing 9.4.2, 9.8.3, 12.2.1, 13.4 Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.6 Administration of the Contract 3.1.3, 4.2, 9.4, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13 Allowances 3.8 Applications for Payment 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.5.4, 9.6.3, 9.7, 9.10 Approvals 2.1.1, 2.3.1, 2.5, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10.1, 4.2.7, 9.3.2, 13.4.1 Arbitration 8.3.1, 15.3.2, 15.4 ARCHITECT 4 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.5, 3.12.7, 4.1.2, 4.2, 5.2, 6.3, 7.1.2, 7.3.4, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.4.1, 13.4.2, 14.2.2, 14.2.4, 15.1.4, 15.2.1 Architect, Limitations of Authority and Responsibility 2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 9.4.2, 9.5.4, 9.6.4, 15.1.4, 15.2 Architect’s Additional Services and Expenses 2.5, 12.2.1, 13.4.2, 13.4.3, 14.2.4 Architect’s Administration of the Contract 3.1.3, 3.7.4, 15.2, 9.4.1, 9.5 Architect’s Approvals 2.5, 3.1.3, 3.5, 3.10.2, 4.2.7 Architect’s Authority to Reject Work 3.5, 4.2.6, 12.1.2, 12.2.1 Architect’s Copyright 1.1.7, 1.5 Architect’s Decisions 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.4.2, 15.2 Architect’s Inspections 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.4 Architect’s Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.4.2 Architect’s Interpretations 4.2.11, 4.2.12 Architect’s Project Representative 4.2.10 Architect’s Relationship with Contractor 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.18, 4.1.2, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.3.2, 13.4, 15.2 Architect’s Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3 Architect’s Representations 9.4.2, 9.5.1, 9.10.1 Architect’s Site Visits 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Asbestos 10.3.1 Attorneys’ Fees 3.18.1, 9.6.8, 9.10.2, 10.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1 Binding Dispute Resolution 8.3.1, 9.7, 11.5, 13.1, 15.1.2, 15.1.3, 15.2.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.3.3, 15.4.1 Bonds, Lien 7.3.4.4, 9.6.8, 9.10.2, 9.10.3 Bonds, Performance, and Payment 7.3.4.4, 9.6.7, 9.10.3, 11.1.2, 11.1.3, 11.5 Building Information Models Use and Reliance 1.8 Building Permit 3.7.1 Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 Page 122 of 449 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 4 Certificates for Payment 4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.4 Certificates of Inspection, Testing or Approval 13.4.4 Certificates of Insurance 9.10.2 Change Orders 1.1.1, 3.4.2, 3.7.4, 3.8.2.3, 3.11, 3.12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.7, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.2, 11.5, 12.1.2 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 2.2.2, 3.11, 4.2.8, 7, 7.2.1, 7.3.1, 7.4, 8.3.1, 9.3.1.1, 11.5 Claims, Definition of 15.1.1 Claims, Notice of 1.6.2, 15.1.3 CLAIMS AND DISPUTES 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4 Claims and Timely Assertion of Claims 15.4.1 Claims for Additional Cost 3.2.4, 3.3.1, 3.7.4, 7.3.9, 9.5.2, 10.2.5, 10.3.2, 15.1.5 Claims for Additional Time 3.2.4, 3.3.1, 3.7.4, 6.1.1, 8.3.2, 9.5.2, 10.3.2, 15.1.6 Concealed or Unknown Conditions, Claims for 3.7.4 Claims for Damages 3.2.4, 3.18, 8.3.3, 9.5.1, 9.6.7, 10.2.5, 10.3.3, 11.3, 11.3.2, 14.2.4, 15.1.7 Claims Subject to Arbitration 15.4.1 Cleaning Up 3.15, 6.3 Commencement of the Work, Conditions Relating to 2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.2, 15.1.5 Commencement of the Work, Definition of 8.1.2 Communications 3.9.1, 4.2.4 Completion, Conditions Relating to 3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1, 9.10, 12.2, 14.1.2, 15.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 3.10.1, 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 15.1.2 Compliance with Laws 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 Concealed or Unknown Conditions 3.7.4, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 6.1.1, 6.1.4 Consent, Written 3.4.2, 3.14.2, 4.1.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 13.2, 15.4.4.2 Consolidation or Joinder 15.4.4 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1, 3.4.2, 3.11, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1 Construction Schedules, Contractor’s 3.10, 3.11, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.4 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 5.4.2, 11.5, 14 Contract Administration 3.1.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10, 5.2, 6.1 Contract Documents, Copies Furnished and Use of 1.5.2, 2.3.6, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 2.2.2, 2.2.4, 3.7.4, 3.7.5, 3.8, 3.10.2, 5.2.3, 7.3, 7.4, 9.1, 9.2, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.5, 12.1.2, 12.3, 14.2.4, 14.3.2, 15.1.4.2, 15.1.5, 15.2.5 Contract Sum, Definition of 9.1 Contract Time 1.1.4, 2.2.1, 2.2.2, 3.7.4, 3.7.5, 3.10.2, 5.2.3, 6.1.5, 7.2.1.3, 7.3.1, 7.3.5, 7.3.6, 7, 7, 7.3.10, 7.4, 8.1.1, 8.2.1, 8.2.3, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 12.1.2, 14.3.2, 15.1.4.2, 15.1.6.1, 15.2.5 Contract Time, Definition of 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 Contractor’s Construction and Submittal Schedules 3.10, 3.12.1, 3.12.2, 4.2.3, 6.1.3, 15.1.6.2 Page 123 of 449 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 5 Contractor’s Employees 2.2.4, 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.3, 14.1, 14.2.1.1 Contractor’s Liability Insurance 11.1 Contractor’s Relationship with Separate Contractors and Owner’s Forces 3.12.5, 3.14.2, 4.2.4, 6, 11.3, 12.2.4 Contractor’s Relationship with Subcontractors 1.2.2, 2.2.4, 3.3.2, 3.18.1, 3.18.2, 4.2.4, 5, 9.6.2, 9.6.7, 9.10.2, 11.2, 11.3, 11.4 Contractor’s Relationship with the Architect 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5.1, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.4, 15.1.3, 15.2.1 Contractor’s Representations 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Contractor’s Responsibility for Those Performing the Work 3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8 Contractor’s Review of Contract Documents 3.2 Contractor’s Right to Stop the Work 2.2.2, 9.7 Contractor’s Right to Terminate the Contract 14.1 Contractor’s Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3 Contractor’s Superintendent 3.9, 10.2.6 Contractor’s Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 7.3.6, 8.2, 10, 12, 14, 15.1.4 Coordination and Correlation 1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.5, 2.3.6, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.5, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2, 12.3, 15.1.3.1, 15.1.3.2, 15.2.1 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.4 Costs 2.5, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.4, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.2, 12.1.2, 12.2.1, 12.2.4, 13.4, 14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.3.2, 11.3, 14.2.4, 15.1.7 Damages for Delay 6.2.3, 8.3.3, 9.5.1.6, 9.7, 10.3.2, 14.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.4.2, 14.2.2, 14.2.4, 15.1, 15.2 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.5, 3.5, 4.2.6, 6.2.3, 9.5.1, 9.5.3, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Definitions 1.1, 2.1.1, 3.1.1, 3.5, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1, 15.1.1 Delays and Extensions of Time 3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Digital Data Use and Transmission 1.7 Disputes 6.3, 7.3.9, 15.1, 15.2 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 3.11 Effective Date of Insurance 8.2.2 Emergencies 10.4, 14.1.1.2, 15.1.5 Employees, Contractor’s 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.3, 14.1, 14.2.1.1 Equipment, Labor, or Materials 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.3.4, 2.3.6, 3.1, 3.3.1, 3.4.1, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.6, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.1, 12.2, 14.2, 14.3.1, 15.1.4 Page 124 of 449 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 6 Extensions of Time 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 10.4, 14.3, 15.1.6, 15.2.5 Failure of Payment 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 9.8.2, 9.10, 12.3, 14.2.4, 14.4.3 Financial Arrangements, Owner’s 2.2.1, 13.2.2, 14.1.1.4 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials and Substances 10.2.4, 10.3 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17, 3.18, 9.6.8, 9.10.2, 10.3.3, 11.3 Information and Services Required of the Owner 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10.1, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Initial Decision 15.2 Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Decisions 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Initial Decision Maker, Extent of Authority 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Injury or Damage to Person or Property 10.2.8, 10.4 Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.4 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.4.2 Instruments of Service, Definition of 1.1.7 Insurance 6.1.1, 7.3.4, 8.2.2, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 10.2.5, 11 Insurance, Notice of Cancellation or Expiration 11.1.4, 11.2.3 Insurance, Contractor’s Liability 11.1 Insurance, Effective Date of 8.2.2, 14.4.2 Insurance, Owner’s Liability 11.2 Insurance, Property 10.2.5, 11.2, 11.4, 11.5 Insurance, Stored Materials 9.3.2 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1 Insured loss, Adjustment and Settlement of 11.5 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13 Interest 13.5 Interpretation 1.1.8, 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15.1.1 Interpretations, Written 4.2.11, 4.2.12 Judgment on Final Award 15.4.2 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.5, 2.3.2, 3.2.3, 3.2.4, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13.1, 13.3.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Liens 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Limitations, Statutes of 12.2.5, 15.1.2, 15.4.1.1 Limitations of Liability 3.2.2, 3.5, 3.12.10, 3.12.10.1, 3.17, 3.18.1, 4.2.6, 4.2.7, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 9.6.8, 10.2.5, 10.3.3, 11.3, 12.2.5, 13.3.1 Limitations of Time 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15, 15.1.2, 15.1.3, 15.1.5 Materials, Hazardous 10.2.4, 10.3 Materials, Labor, Equipment and 1.1.3, 1.1.6, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Mechanic’s Lien 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Mediation 8.3.1, 15.1.3.2, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4.1, 15.4.1.1 Minor Changes in the Work 1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1, 7.4 Page 125 of 449 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 7 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1.1.2, 2.5, 3.11, 4.1.2, 4.2.1, 5.2.3, 7, 8.3.1, 9.7, 10.3.2 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2.4, 2.5, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2 Notice 1.6, 1.6.1, 1.6.2, 2.1.2, 2.2.2., 2.2.3, 2.2.4, 2.5, 3.2.4, 3.3.1, 3.7.4, 3.7.5, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 7.4, 8.2.2 9.6.8, 9.7, 9.10.1, 10.2.8, 10.3.2, 11.5, 12.2.2.1, 13.4.1, 13.4.2, 14.1, 14.2.2, 14.4.2, 15.1.3, 15.1.5, 15.1.6, 15.4.1 Notice of Cancellation or Expiration of Insurance 11.1.4, 11.2.3 Notice of Claims 1.6.2, 2.1.2, 3.7.4, 9.6.8, 10.2.8, 15.1.3, 15.1.5, 15.1.6, 15.2.8, 15.3.2, 15.4.1 Notice of Testing and Inspections 13.4.1, 13.4.2 Observations, Contractor’s 3.2, 3.7.4 Occupancy 2.3.1, 9.6.6, 9.8 Orders, Written 1.1.1, 2.4, 3.9.2, 7, 8.2.2, 11.5, 12.1, 12.2.2.1, 13.4.2, 14.3.1 OWNER 2 Owner, Definition of 2.1.1 Owner, Evidence of Financial Arrangements 2.2, 13.2.2, 14.1.1.4 Owner, Information and Services Required of the 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Owner’s Authority 1.5, 2.1.1, 2.3.32.4, 2.5, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.4, 11.5, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 15.2.7 Owner’s Insurance 11.2 Owner’s Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner’s Right to Carry Out the Work 2.5, 14.2.2 Owner’s Right to Clean Up 6.3 Owner’s Right to Perform Construction and to Award Separate Contracts 6.1 Owner’s Right to Stop the Work 2.4 Owner’s Right to Suspend the Work 14.3 Owner’s Right to Terminate the Contract 14.2, 14.4 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.1.6, 1.1.7, 1.5, 2.3.6, 3.2.2, 3.11, 3.17, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6, 9.9 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9.10.1, 14.2.3, 14.2.4, 14.4.3 Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4 Payment, Failure of 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Payment, Final 4.2.1, 4.2.9, 9.10, 12.3, 14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2 PCB 10.3.1 Performance Bond and Payment Bond 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Permits, Fees, Notices and Compliance with Laws 2.3.1, 3.7, 3.13, 7.3.4.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 Progress and Completion 4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.4 Progress Payments 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 Page 126 of 449 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 8 Project, Definition of 1.1.4 Project Representatives 4.2.10 Property Insurance 10.2.5, 11.2 Proposal Requirements 1.1.1 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.5, 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Rejection of Work 4.2.6, 12.2.1 Releases and Waivers of Liens 9.3.1, 9.10.2 Representations 3.2.1, 3.5, 3.12.6, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.10.1 Representatives 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.10, 13.2.1 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.2, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.5.1, 10 Retainage 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor 3.2, 3.12.7, 6.1.3 Review of Contractor’s Submittals by Owner and Architect 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1.1.2, 2.4, 2.5, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.1, 12.2.2, 12.2.4, 13.3, 14, 15.4 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 15.4.1 Safety of Persons and Property 10.2, 10.4 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3, 10.1, 10.2, 10.4 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Separate Contracts and Contractors 1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2 Separate Contractors, Definition of 6.1.1 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.9.2, 9.4.2, 9.10.1, 13.4 Site Visits, Architect’s 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Special Inspections and Testing 4.2.6, 12.2.1, 13.4 Specifications, Definition of 1.1.6 Specifications 1.1.1, 1.1.6, 1.2.2, 1.5, 3.12.10, 3.17, 4.2.14 Statute of Limitations 15.1.2, 15.4.1.1 Stopping the Work 2.2.2, 2.4, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 3.18, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1 Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.4, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of 6.1.1, 11.3 Substances, Hazardous 10.3 Substantial Completion 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 15.1.2 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 2.3.3 Substitutions of Materials 3.4.2, 3.5, 7.3.8 Sub-subcontractor, Definition of 5.1.2 Page 127 of 449 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 9 Subsurface Conditions 3.7.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.4 Suppliers 1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.5.4, 9.6, 9.10.5, 14.2.1 Surety 5.4.1.2, 9.6.8, 9.8.5, 9.10.2, 9.10.3, 11.1.2, 14.2.2, 15.2.7 Surety, Consent of 9.8.5, 9.10.2, 9.10.3 Surveys 1.1.7, 2.3.4 Suspension by the Owner for Convenience 14.3 Suspension of the Work 3.7.5, 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.1.1, 14 Taxes 3.6, 3.8.2.1, 7.3.4.4 Termination by the Contractor 14.1, 15.1.7 Termination by the Owner for Cause 5.4.1.1, 14.2, 15.1.7 Termination by the Owner for Convenience 14.4 Termination of the Architect 2.3.3 Termination of the Contractor Employment 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 12.2.1, 13.4 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Time Limits 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15.1.2, 15.1.3, 15.4 Time Limits on Claims 3.7.4, 10.2.8, 15.1.2, 15.1.3 Title to Work 9.3.2, 9.3.3 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.3.1, 10.3 Unit Prices 7.3.3.2, 9.1.2 Use of Documents 1.1.1, 1.5, 2.3.6, 3.12.6, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.3.2 Waiver of Claims by the Contractor 9.10.5, 13.3.2, 15.1.7 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.3.2, 14.2.4, 15.1.7 Waiver of Consequential Damages 14.2.4, 15.1.7 Waiver of Liens 9.3, 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.3 Warranty 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.2, 9.10.4, 12.2.2, 15.1.2 Weather Delays 8.3, 15.1.6.2 Work, Definition of 1.1.3 Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.10.3, 13.2, 13.3.2, 15.4.4.2 Written Interpretations 4.2.11, 4.2.12 Written Orders 1.1.1, 2.4, 3.9, 7, 8.2.2, 12.1, 12.2, 13.4.2, 14.3.1 Page 128 of 449 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 10 ARTICLE 1 GENERAL PROVISIONS § 1.1 Basic Definitions § 1.1.1 The Contract Documents The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement, and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor’s bid or proposal, or portions of Addenda relating to bidding or proposal requirements. § 1.1.2 The Contract The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect’s consultants, (2) between the Owner and a Subcontractor or a Sub-subcontractor, (3) between the Owner and the Architect or the Architect’s consultants, or (4) between any persons or entities other than the Owner and the Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect’s duties. § 1.1.3 The Work The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations. The Work may constitute the whole or a part of the Project. § 1.1.4 The Project The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by Separate Contractors. § 1.1.5 The Drawings The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams. § 1.1.6 The Specifications The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. § 1.1.7 Instruments of Service Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect’s consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. § 1.1.8 Initial Decision Maker The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2. The Initial Decision Maker shall not show partiality to the Owner or Contractor and shall not be liable for results of interpretations or decisions rendered in good faith. § 1.2 Correlation and Intent of the Contract Documents § 1.2.1 The Contract Documents are to be read and interpreted as a whole. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work and to require Contractor to provide the highest quality and greatest quantity consistent with the Contract Documents. If there are inconsistencies within or among part of the Contract Documents or between the Contract Documents and applicable standards, codes or ordinances, the Contractor shall provide the better quality or greater quantity of Work or comply with the more Page 129 of 449 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 11 stringent requirements; either or all in accordance with the Architect’s interpretation. The terms and conditions of this subparagraph 1.2.1 shall not relieve the Contractor of any of its obligations as set forth in Article 3. .1 Before ordering any materials or doing any Work, the Contractor shall verify measurements at the Project site and shall be responsible for the correctness of such measurements. No extra charges or compensation will be allowed on account of differences between actual dimensions and the dimensions indicated on the Drawings. Any difference that may be found shall be submitted to the Architect for resolution before proceeding with the Work. .2 If a minor change in the Work is necessary due to actual field conditions, the Contractor shall submit detailed drawings of such departure to the Architect for approval by the Architect before making the change. The Owner shall not be required to make any adjustment to either the Contract Sum or Contract Time because of any failure by the Contractor to comply with the requirements of this Subparagraph 1.2.1. Actual or alleged conflicts or inconsistencies between the Drawings and Specifications or other Contract Documents shall be brought to the Architect’s and Architect’s attention in writing, prior to performing the affected Work. The Architect’s and Construction Manager’s directions, as communicated through the Architect, shall be followed by the Contractor. § 1.2.1.1 The invalidity of any provision of the Contract Documents shall not invalidate the Contract or its remaining provisions. If it is determined that any provision of the Contract Documents violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Contract Documents shall be construed, to the fullest extent permitted by law, to give effect to the parties’ intentions and purposes in executing the Contract. § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.3 Capitalization Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles, or (3) the titles of other documents published by the American Institute of Architects. § 1.4 Interpretation In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.5 Ownership and Use of Drawings, Specifications, and Other Instruments of Service § 1.5.1 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and retain all common law, statutory, and other reserved rights in their Instruments of Service, including copyrights. The Contractor, Subcontractors, Sub-subcontractors, and suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect’s or Architect’s consultants’ reserved rights. § 1.5.2 The Contractor, Subcontractors, Sub-subcontractors, and suppliers are authorized to use and reproduce the Instruments of Service provided to them, subject to any protocols established pursuant to Sections 1.7 and 1.8, solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub-subcontractors, and suppliers may not use the Instruments of Service on other projects or for additions to the Project outside the scope of the Work without the specific written consent of the Owner, Architect, and the Architect’s consultants. Page 130 of 449 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 12 § 1.6 Notice § 1.6.1 Except as otherwise provided in Section 1.6.2, where the Contract Documents require one party to notify or give notice to the other party, such notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person, by mail, by courier, or by electronic transmission if a method for electronic transmission is set forth in the Agreement. § 1.6.2 Notice of Claims as provided in Section 15.1.3 shall be provided in writing and shall be deemed to have been duly served only if delivered to the designated representative of the party to whom the notice is addressed by certified or registered mail, or by courier providing proof of delivery. § 1.7 Digital Data Use and Transmission The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 1.8 Building Information Models Use and Reliance Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202™–2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party’s sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. ARTICLE 2 OWNER § 2.1 General § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner’s approval or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner’s authorized representative. § 2.1.2 Work is to proceed as a no-lien Project in accordance with the laws of the State of Minnesota regarding public projects. Contractor shall provide to the Owner both a Labor and Material Payment Bond and a Performance Bond each in the amount of the Contract Price prior to the commencement of Work as required by Minnesota Statutes 574.26. The Contractor, for itself and for all who claim through the Contractor, acknowledges and agrees: (i) that because it is a public project, no lien shall attach to the real estate on which the Project is located or to any improvements no existing or to be constructed thereon in favor of the Contractor or any Subcontractor, mechanic, journeyman, laborer, material vendor, lessor of tools or equipment or any other party who may furnish work, materials, equipment, services, tools or machinery for the design or construction of improvements on the land. The Contractor shall also provide written notice of the no-lien status of this Project to all of its Subcontractors, material suppliers, equipment lessors and others that provide labor, material, equipment and/or services for the Project. Contractor shall defend, indemnify and hold the Owner and Architect harmless from any suit, lien, damages, losses or expenses, including reasonable attorneys’ fees.. (Paragraphs deleted) § 2.3 Information and Services Required of the Owner § 2.3.1 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. § 2.3.2 The Owner shall retain an architect lawfully licensed to practice architecture, or an entity lawfully practicing architecture, in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. Page 131 of 449 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 13 § 2.3.3 If the employment of the Architect terminates, the Owner shall employ a whose status under the Contract Documents shall be that of the Architect. § 2.3.4 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.3.5 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner’s control and relevant to the Contractor’s performance of the Work with reasonable promptness after receiving the Contractor’s written request for such information or services. § 2.3.6 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. § 2.4 Owner’s Right to Stop the Work If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. § 2.5 Owner’s Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such default or neglect. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect and the Architect may, pursuant to Section 9.5.1, withhold or nullify a Certificate for Payment in whole or in part, to the extent reasonably necessary to reimburse the Owner for the reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for the Architect’s additional services made necessary by such default, neglect, or failure. If current and future payments are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. If the Contractor disagrees with the actions of the Owner or the Architect, or the amounts claimed as costs to the Owner, the Contractor may file a Claim pursuant to Article 15. ARTICLE 3 CONTRACTOR § 3.1 General § 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor" means the Contractor or the Contractor’s authorized representative. § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. § 3.1.3 The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect’s administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. § 3.2 Review of Contract Documents and Field Conditions by Contractor § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. Page 132 of 449 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 14 § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.3.4, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor’s review is made in the Contractor’s capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor’s notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall submit Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner, subject to Section 15.1.7, as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. § 3.3 Supervision and Construction Procedures § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work under the Contract. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences, or procedures, the Contractor shall evaluate the jobsite safety thereof and shall be solely responsible for the jobsite safety of such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely notice to the Owner and Architect, and shall propose alternative means, methods, techniques, sequences, or procedures. The Architect shall evaluate the proposed alternative solely for conformance with the design intent for the completed construction. Unless the Architect objects to the Contractor’s proposed alternative, the Contractor shall perform the Work using its alternative means, methods, techniques, sequences, or procedures. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors. § 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. § 3.4 Labor and Materials § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 Except in the case of minor changes in the Work approved by the Architect in accordance with Section 3.12.8 or ordered by the Architect in accordance with Section 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. Page 133 of 449 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 15 § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. § 3.5 Warranty § 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.5.2 All material, equipment, or other special warranties required by the Contract Documents shall be issued in the name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section 9.8.4. § 3.6 Taxes The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 3.7 Permits, Fees, Notices and Compliance with Laws § 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. § 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. § 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 3.7.4 Concealed or Unknown Conditions If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 10 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if the Architect determines that they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will recommend that an equitable adjustment be made in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor, stating the reasons § 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. Page 134 of 449 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 16 § 3.8 Allowances § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents, .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor’s costs for unloading and handling at the site, labor, installation costs, overhead, profit, and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and .3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor’s costs under Section 3.8.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. § 3.9 Superintendent § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. § 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of the name and qualifications of a proposed superintendent. Within 14 days of receipt of the information, the Architect may notify the Contractor, stating whether the Owner or the Architect (1) has reasonable objection to the proposed superintendent or (2) requires additional time for review. Failure of the Architect to provide notice within the 14-day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner’s consent, which shall not unreasonably be withheld or delayed. § 3.10 Contractor’s Construction and Submittal Schedules § 3.10.1 The Contractor, promptly after being awarded the Contract, shall submit for the Owner’s and Architect’s information a Contractor’s construction schedule for the Work. The schedule shall contain detail appropriate for the Project, including (1) the date of commencement of the Work, interim schedule milestone dates, and the date of Substantial Completion; (2) an apportionment of the Work by construction activity; and (3) the time required for completion of each portion of the Work. The schedule shall provide for the orderly progression of the Work to completion and shall not exceed time limits current under the Contract Documents. The schedule shall be revised at appropriate intervals as required by the conditions of the Work and Project. § 3.10.2 The Contractor, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, shall submit a submittal schedule for the Architect’s approval. The Architect’s approval shall not be unreasonably delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor’s construction schedule, and (2) allow the Architect reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, or fails to provide submittals in accordance with the approved submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. § 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. § 3.11 Documents and Samples at the Site The Contractor shall make available, at the Project site, the Contract Documents, including Change Orders, Construction Change Directives, and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and the approved Shop Drawings, Product Data, Samples, and similar required submittals. These shall be in electronic form or paper copy, available to the Architect and Owner, and Page 135 of 449 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 17 delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. § 3.12 Shop Drawings, Product Data and Samples § 3.12.1 Shop Drawings are drawings, diagrams, schedules, and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier, or distributor to illustrate some portion of the Work. § 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. § 3.12.3 Samples are physical examples that illustrate materials, equipment, or workmanship, and establish standards by which the Work will be judged. § 3.12.4 Shop Drawings, Product Data, Samples, and similar submittals are not Contract Documents. Their purpose is to demonstrate how the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve, and submit to the Architect, Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents, in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of Separate Contractors. § 3.12.6 By submitting Shop Drawings, Product Data, Samples, and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples, or similar submittals, until the respective submittal has been approved by the Architect. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents by the Architect’s approval of Shop Drawings, Product Data, Samples, or similar submittals, unless the Contractor has specifically notified the Architect of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples, or similar submittals, by the Architect’s approval thereof. § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples, or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such notice, the Architect’s approval of a resubmission shall not apply to such revisions. § 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor’s responsibilities for construction means, methods, techniques, sequences, and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. § 3.12.10.1 If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will Page 136 of 449 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 18 specify all performance and design criteria that such services must satisfy. The Contractor shall be entitled to rely upon the adequacy and accuracy of the performance and design criteria provided in the Contract Documents. The Contractor shall cause such services or certifications to be provided by an appropriately licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings, and other submittals prepared by such professional. Shop Drawings, and other submittals related to the Work, designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor the performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review and approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. § 3.12.10.2 If the Contract Documents require the Contractor’s design professional to certify that the Work has been performed in accordance with the design criteria, the Contractor shall furnish such certifications to the Architect at the time and in the form specified by the Architect. § 3.13 Use of Site The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.14 Cutting and Patching § 3.14.1 The Contractor shall be responsible for cutting, fitting, or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting, or patching shall be restored to the condition existing prior to the cutting, fitting, or patching, unless otherwise required by the Contract Documents. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or Separate Contractors by cutting, patching, or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter construction by the Owner or a Separate Contractor except with written consent of the Owner and of the Separate Contractor. Consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold, from the Owner or a Separate Contractor, its consent to cutting or otherwise altering the Work. § 3.15 Cleaning Up § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor’s tools, construction equipment, machinery, and surplus materials from and about the Project. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the Owner shall be entitled to reimbursement from the Contractor. § 3.16 Access to Work The Contractor shall provide the Owner and Architect with access to the Work in preparation and progress wherever located. § 3.17 Royalties, Patents and Copyrights The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for defense or loss when a particular design, process, or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications, or other documents prepared by the Owner or Architect. However, if an infringement of a copyright or patent is discovered by, or made known to, the Contractor, the Contractor shall be responsible for the loss unless the information is promptly furnished to the Architect. Page 137 of 449 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 19 § 3.18 Indemnification § 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect’s consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or a Subcontractor under workers’ compensation acts, disability benefit acts, or other employee benefit acts. ARTICLE 4 ARCHITECT § 4.1 General § 4.1.1 The Architect is the person or entity retained by the Owner pursuant to Section 2.3.2 and identified as such in the Agreement. § 4.1.2 Duties, responsibilities, and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified, or extended without written consent of the Owner, Contractor, and Architect. Consent shall not be unreasonably withheld. Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by Contractor, and will not be liable for results of interpretations or decisions rendered in good faith. § 4.2 Administration of the Contract § 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner’s representative during construction until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor’s rights and responsibilities under the Contract Documents. § 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of, and will not be responsible for acts or omissions of, the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 4.2.4 Communications The Owner and Contractor shall include the Architect in all communications that relate to or affect the Architect’s services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect’s consultants shall be through the Architect. Communications by and with Subcontractors and Page 138 of 449 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 20 suppliers shall be through the Contractor. Communications by and with Separate Contractors shall be through the Owner. The Contract Documents may specify other communication protocols. § 4.2.5 Based on the Architect’s evaluations of the Contractor’s Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.4.2 and 13.4.3, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor’s submittals such as Shop Drawings, Product Data, and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect’s action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect’s professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect’s review of the Contractor’s submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5, and 3.12. The Architect’s review shall not constitute approval of safety precautions or of any construction means, methods, techniques, sequences, or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may order minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner’s review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. § 4.2.10 If the Owner and Architect agree, the Architect will provide one or more Project representatives to assist in carrying out the Architect’s responsibilities at the site. The Owner shall notify the Contractor of any change in the duties, responsibilities and limitations of authority of the Project representatives. § 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either, and will not be liable for results of interpretations or decisions rendered in good faith. § 4.2.13 The Owner’s decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect’s response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. Page 139 of 449 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 21 ARTICLE 5 SUBCONTRACTORS § 5.1 Definitions § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a Separate Contractor or the subcontractors of a Separate Contractor. § 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub-subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub-subcontractor or an authorized representative of the Sub-subcontractor. § 5.2 Award of Subcontracts and Other Contracts for Portions of the Work § 5.2.1 Unless otherwise stated in the Contract Documents, the Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of the persons or entities proposed for each principal portion of the Work, including those who are to furnish materials or equipment fabricated to a special design. Within 14 days of receipt of the information, the Architect may notify the Contractor whether the Owner or the Architect (1) has reasonable objection to any such proposed person or entity or (2) requires additional time for review. Failure of the Architect to provide notice within the 14-day period shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor’s Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor, person, or entity for one previously selected if the Owner or Architect makes reasonable objection to such substitution. § 5.3 Subcontractual Relations By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor’s Work that the Contractor, by these Contract Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies, and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub-subcontractors. § 5.4 Contingent Assignment of Subcontracts § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. Page 140 of 449 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 22 When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor’s rights and obligations under the subcontract. § 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor’s compensation shall be equitably adjusted for increases in cost resulting from the suspension. § 5.4.3 Upon assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor contractor’s obligations under the subcontract. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 Owner’s Right to Perform Construction and to Award Separate Contracts § 6.1.1 The term "Separate Contractor(s)" shall mean other contractors retained by the Owner under separate agreements. The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own forces, and with Separate Contractors retained under Conditions of the Contract substantially similar to those of this Contract, including those provisions of the Conditions of the Contract related to insurance and waiver of subrogation. § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner-Contractor Agreement. § 6.1.3 The Owner shall provide for coordination of the activities of the Owner’s own forces and of each Separate Contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with any Separate Contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to its construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, Separate Contractors, and the Owner until subsequently revised. § 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner’s own forces or with Separate Contractors, the Owner or its Separate Contractors shall have the same obligations and rights that the Contractor has under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6, and Articles 10, 11, and 12. § 6.2 Mutual Responsibility § 6.2.1 The Contractor shall afford the Owner and Separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor’s construction and operations with theirs as required by the Contract Documents. § 6.2.2 If part of the Contractor’s Work depends for proper execution or results upon construction or operations by the Owner or a Separate Contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly notify the Architect of apparent discrepancies or defects in the construction or operations by the Owner or Separate Contractor that would render it unsuitable for proper execution and results of the Contractor’s Work. Failure of the Contractor to notify the Architect of apparent discrepancies or defects prior to proceeding with the Work shall constitute an acknowledgment that the Owner’s or Separate Contractor’s completed or partially completed construction is fit and proper to receive the Contractor’s Work. The Contractor shall not be responsible for discrepancies or defects in the construction or operations by the Owner or Separate Contractor that are not apparent. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a Separate Contractor because of the Contractor’s delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a Separate Contractor’s delays, improperly timed activities, damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage that the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or Separate Contractor as provided in Section 10.2.5. Page 141 of 449 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 23 § 6.2.5 The Owner and each Separate Contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 Owner’s Right to Clean Up If a dispute arises among the Contractor, Separate Contractors, and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK § 7.1 General § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Duments. § 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor, and Architect. A Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor. An order for a minor change in the Work may be issued by the Architect alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents. The Contractor shall proceed promptly with changes in the Work, unless otherwise provided in the Change Order, Construction Change Directive, or order for a minor change in the Work. Overhead and Profit (OH&P) for changes in work shall be limited to the following: 10% OH&P for all work self-preformed by Contractors own forces 5% OH&P for all subcontracted work. 5% OH&P for all work by subcontractors. Work performed by a combination of Contractors and Sub-Contractors shall not exceed a total of 10%OH&P § 7.2 Change Orders § 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor, and Architect stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Contract Sum; and .3 The extent of the adjustment, if any, in the Contract Time. § 7.3 Construction Change Directives § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Section 7.3.4. Page 142 of 449 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 24 § 7.3.4 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.4 shall be limited to the following: .1 Costs of labor, including applicable payroll taxes, fringe benefits required by agreement or custom, workers’ compensation insurance, and other employee costs approved by the Architect; .2 Costs of materials, supplies, and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance, permit fees, and sales, use, or similar taxes, directly related to the change; and .5 Costs of supervision and field office personnel directly attributable to the change. § 7.3.5 If the Contractor disagrees with the adjustment in the Contract Time, the Contractor may make a Claim in accordance with applicable provisions of Article 15. § 7.3.6 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.7 A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect’s professional judgment, to be reasonably justified. The Architect’s interim determination of cost shall adjust the Contract Sum on the same basis as a Change. § 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. § 7.4 Minor Changes in the Work The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. The Architect’s order for minor changes shall be in writing. If the Contractor believes that the proposed minor change in the Work will affect the Contract Sum or Contract Time, the Contractor shall notify the Architect and shall not proceed to implement the change in the Work. If the Contractor performs the Work set forth in the Architect’s order for a minor change without prior notice to the Architect that such change will affect the Contract Sum or Contract Time, the Contractor waives any adjustment to the Contract Sum or extension of the Contract Time. Page 143 of 449 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 25 ARTICLE 8 TIME § 8.1 Definitions § 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 Progress and Completion § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement, the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, commence the Work prior to the effective date of insurance required to be furnished by the Contractor and Owner. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 8.3 Delays and Extensions of Time § 8.3.1 If the Contractor is delayed at any time in the progress of the Work or the sequencing of the work by an act or neglect of the Owner or Architect, of an employee of either, or of a Separate Contractor employed by the Owner, or by changes ordered in the Work or by fires, unusual delay in deliveries, unavoidable casualties, or other causes beyond the Contractor’s or a Subcontractor’s or supplier’s controor other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order without notice to sureties, for such reasonable time as the Architect may determine. A time extension shall be Contractor’s sole remedy and compensation for all such delays and changes in sequencing. . (Paragraph deleted) § 8.3.3 This Section 8.3 precludes recovery of damages for delay by Contractor if the Contractor is delayed at any time in the progress of the Work or the sequencing of work by an act or neglect of the Owner or the Architect or of any employee of either or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by fires, unusual delays in deliveries, unavoidable casualties or other causes beyond the Contractor’s or a Subcontractor’s or suppliers control and not reasonably anticipatable, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order without notice to sureties, for such reasonable time as the Architect may determine. A time extension shall be the Contractor’s sole remedy and compensation for all such delays and changes in sequencing. . ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 Contract Sum § 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 9.1.2 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed so that application of such unit prices to the actual quantities causes substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 9.2 Schedule of Values Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit a schedule of values to the Architect before the first Application for Payment, allocating the entire Contract Sum to the various portions of the Work. The schedule of values shall be prepared in the form, and supported by the data to Page 144 of 449 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 26 substantiate its accuracy, required by the Architect. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor’s Applications for Payment. Any changes to the schedule of values shall be submitted to the Architect and supported by such data to substantiate its accuracy as the Architect may require, and unless objected to by the Architect, shall be used as a basis for reviewing the Contractor’s subsequent Applications for Payment. § 9.3 Applications for Payment § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. The application shall be notarized, if required, and supported by all data substantiating the Contractor’s right to payment that the Owner or Architect require, such as copies of requisitions, and releases and waivers of liens from Subcontractors and suppliers, and shall reflect retainage if provided for in the Contract Documents. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. § 9.3.1.2 Owner shall make 95% progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment during performance of the Work. Upon final completion of the Work, Owner shall pay the remainder of the Contract Price. Minn. Stat. § 290.92 requires that the City of Edina obtain a Withholding Affidavit for Contractors, Form IC-134, before making final payments to Contractors. This form needs to be submitted by the Contractor to the Minnesota Department of Revenue for approval. The form is used to receive certification from the state that the vendor has complied with the requirement to withhold and remit state withholding taxes for employee salaries paid. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner’s title to such materials and equipment or otherwise protect the Owner’s interest, and shall include the costs of applicable insurance, storage, and transportation to the site, for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor’s knowledge, information, and belief, be free and clear of liens, claims, security interests, or encumbrances, in favor of the Contractor, Subcontractors, suppliers, or other persons or entities that provided labor, materials, and equipment relating to the Work. § 9.4 Certificates for Payment § 9.4.1 The Architect will, within seven days after receipt of the Contractor’s Application for Payment, either (1) issue to the Owner a Certificate for Payment in the full amount of the Application for Payment, with a copy to the Contractor; or (2) issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due, and notify the Contractor and Owner of the Architect’s reasons for withholding certification in part as provided in Section 9.5.1; or (3) withhold certification of the entire Application for Payment, and notify the Contractor and Owner of the Architect’s reason for withholding certification in whole as provided in Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect’s evaluation of the Work and the data in the Application for Payment, that, to the best of the Architect’s knowledge, information, and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion, and to specific qualifications expressed by the Architect. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made Page 145 of 449 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 27 exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences, or procedures; (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment; or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.5 Decisions to Withhold Certification § 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect’s opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect’s opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims, unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or suppliers for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a Separate Contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When either party disputes the Architect’s decision regarding a Certificate for Payment under Section 9.5.1, in whole or in part, that party may submit a Claim in accordance with Article 15. § 9.5.3 When the reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.5.4 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or materials or equipment suppliers to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Architect and the Architect shall reflect such payment on the next Certificate for Payment. § 9.6 Progress Payments § 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. § 9.6.2 Prompt Payment to Subcontractors. In accordance with Minnesota law, the Contractor shall include, in all subcontracts and other agreements with its subcontractors and suppliers, a provision which requires the Contractor to pay any of its subcontractors and suppliers within 10 days of the Contractor’s receipt of payment from the Owner, for undisputed services or supplies provided by the subcontractor or supplier. The provision shall also include the requirement that the Contractor shall pay interest of one and one-half percent (1.5%) per month or any part of a month to the subcontractor or supplier on any undisputed amount not paid on time to the subcontractor or supplier. The provision shall further provide that the minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10, for an unpaid balance of less than $100, the Contractor shall pay the actual penalty due to the subcontractor or supplier, and a subcontractor or supplier who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorneys’ fees, incurred in bringing the action. Page 146 of 449 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 28 § 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay, or to see to the payment of money to, a Subcontractor or supplier, except as may otherwise be required by law. § 9.6.5 The Contractor’s payments to suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, create any fiduciary liability or tort liability on the part of the Contractor for breach of trust, or entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.6.8 Provided the Owner has fulfilled its payment obligations under the Contract Documents, the Contractor shall defend and indemnify the Owner from all loss, liability, damage or expense, including reasonable attorney’s fees and litigation expenses, arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any tier. Upon receipt of notice of a lien claim or other claim for payment, the Owner shall notify the Contractor. If approved by the applicable court, when required, the Contractor may substitute a surety bond for the property against which the lien or other claim for payment has been asserted. § 9.7 Failure of Payment If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents, the amount certified by the Architect , then the Contractor may, upon seven additional days’ notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay and start-up, plus interest as provided for in the Contract Documents. § 9.8 Substantial Completion § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 9.8.3 Upon receipt of the Contractor’s list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect’s inspection discloses any item, whether or not included on the Contractor’s list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. Page 147 of 449 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 29 § 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion; establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in the Certificate. Upon such acceptance, and consent of surety if any, the Owner shall make payment of retainage applying to the Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 9.9 Partial Occupancy or Use § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor, and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 Final Completion and Final Payment § 9.10.1 Upon receipt of the Contractor’s notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection. When the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect’s knowledge, information and belief, and on the basis of the Architect’s on-site visits and inspections, the Work has been completed in accordance with the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect’s final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor’s being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner’s property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect, (3) a written statement that the Contractor knows of no reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment, (5) documentation of any special warranties, such as manufacturers’ warranties or specific Subcontractor warranties, and (6) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts and releases and waivers of liens, claims, security interests, or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien, claim, security interest, or encumbrance. If a lien, claim, security interest, or encumbrance remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging the lien, claim, security interest, or encumbrance, including all costs and reasonable attorneys’ fees. Page 148 of 449 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 30 § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed, corrected, and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of the surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. (Paragraphs deleted) § 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor, or a supplier, shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract. § 10.2 Safety of Persons and Property § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody, or control of the Contractor, a Subcontractor, or a Sub-subcontractor; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. § 10.2.2 The Contractor shall comply with, and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, bearing on safety of persons or property or their protection from damage, injury, or loss. § 10.2.3 The Contractor shall implement, erect, and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards; promulgating safety regulations; and notifying the owners and users of adjacent sites and utilities of the safeguards. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment, or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3. The Contractor may make a Claim for the cost to remedy the damage or loss to the extent such damage or loss is attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor’s obligations under Section 3.18. Page 149 of 449 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 31 § 10.2.6 The Contractor shall designate a responsible member of the Contractor’s organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor’s superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. § 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 10.2.8 Injury or Damage to Person or Property If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, notice of the injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.3 Hazardous Materials and Substances § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials or substances. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Architect of the condition. § 10.3.2 Upon receipt of the Contractor’s notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of the material or substance or who are to perform the task of removal or safe containment of the material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable additional costs of shutdown, delay, and start-up. § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect’s consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity. § 10.3.4 The Owner shall not be responsible under this Section 10.3 for hazardous materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for hazardous materials or substances required by the Contract Documents, except to the extent of the Contractor’s fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Contractor shall reimburse the Owner for the cost and expense the Owner incurs (1) for remediation of hazardous materials or substances the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner’s fault or negligence. § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall reimburse the Contractor for all cost and expense thereby incurred. Page 150 of 449 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 32 § 10.4 Emergencies In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor’s discretion, to prevent threatened damage, injury, or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. ARTICLE 11 INSURANCE AND BONDS § 11.1 Contractor’s Insurance and Bonds § 11.1.1 Contractor’s Liability Insurance. The Contractor shall purchase and maintain commercial general liability insurance as required to protect the Contractor, Architect and Owner from claims set forth below which may arise out of, result from, or are in any manner connected with, the execution of the work provided for in this Contract, or occur or result from the use by the Contractor, its agents or employees, of materials, equipment, instrumentalities or other property, whether the same be owned by the Contractor, or third parties, whether such claims arise during Contract performance or subsequent to completion of operations under this Contract and whether operations be by the Contractor or by anyone directly or indirectly employed by Contractor, or by anyone for whose acts Contractor may be liable, and whether such claims are claims for which the Contractor may be, or may be claimed to be, liable. Insurance shall be purchased from a company licensed to do business in the state where the Project is located, and shall be written for not less than the limits of liability specified below or required by law, whichever is greater. A certificate of insurance on a form acceptable to the Owner which verifies the existence of this insurance coverage must be provided to the Owner before work under this contract is begun. The Owner shall be named as an additional insured on a primary and noncontributory basis. The types of claims, required coverages and minimum limits of liability are as follows: A. Claims under Worker’s Compensation, disability benefit and other similar employee benefit acts; claims for damages because of bodily injury, occupational sickness or disease or death of employees. Insurance coverages shall include: Statutory Workers’ Compensation, including Employer’s Liability with a minimum limit of $100,000,00.00 for each employee. B. Claims for damages because of bodily injury, occupational sickness or disease, or death, by any person other than employees, claims for personal injuries which are sustained (1) by any person as a result of an act or omission directly or indirectly related to the employment of such person by the Contractor, or (2) any other person; claims for damages other than to the Work itself, because of injury to or destruction of tangible property including loss of use resulting therefor. Insurance coverages shall include: Premise – Operations Products-Completed Operations Blanket Contractual – Such insurance and endorsements as will insure the obligations under the provisions of Subsection 11.1.5 of this Document. Broad Form Property Damage Personal Injury Blanket Explosion, Collapse and Underground Property Damage Operations of Independent Contractors Policy Limits: General Aggregate $10,000,000.00 Products/Completed Operations Aggregate $10,000,000.00 Personal Injury $10,000,000.00 Each Occurrence $5,000,000.00 C. Claims for damages because of bodily injury or death of any person, or any property damage arising out of the ownership or use of any motor vehicle. Insurance coverage shall include: Business Auto Liability insurance including owned, hired and non-owned vehicles with limits of $5,000,000.00 Combined Single Limit for each accident for bodily injury and death, or property damage. D. The coverage limits required by Paragraphs (B) and (C) above may be achieved by the use of an Umbrella Excess Liability Policy. The limits of liability specified shall be considered minimum requirements. Page 151 of 449 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 33 All aforesaid insurance policies shall be underwritten with responsible insurance carriers, with Best’s Ratings of not less than A and X and otherwise satisfactory to Owner and licensed to provide insurance in the state in which the Project is located. . § 11.1.2 The Contractor shall provide surety bonds of the types, for such penal sums, and subject to such terms and conditions as required by the Contract Documents. The Contractor shall purchase and maintain the required bonds from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located. § 11.1.3 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. § 11.1.4 Notice of Cancellation or Expiration of Contractor’s Required Insurance. Within three (3) business days of the date the Contractor becomes aware of an impending or actual cancellation or expiration of any insurance required by the Contract Documents, the Contractor shall provide notice to the Owner of such impending or actual cancellation or expiration. Upon receipt of notice from the Contractor, the Owner shall, unless the lapse in coverage arises from an act or omission of the Owner, have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by the Contractor. The furnishing of notice by the Contractor shall not relieve the Contractor of any contractual obligation to provide any required coverage. § 11.2 Owner’s Insurance § 11.2.1 The Owner shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. The Owner shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. § 11.2.2 Failure to Purchase Required Property Insurance. If the Owner fails to purchase and maintain the required property insurance, with all of the coverages and in the amounts described in the Agreement or elsewhere in the Contract Documents, the Owner shall inform the Contractor in writing prior to commencement of the Work. Upon receipt of notice from the Owner, the Contractor may delay commencement of the Work and may obtain insurance that will protect the interests of the Contractor, Subcontractors, and Sub-Subcontractors in the Work. When the failure to provide coverage has been cured or resolved, the Contract Sum and Contract Time shall be equitably adjusted. In the event the Owner fails to procure coverage, the Owner waives all rights against the Contractor, Subcontractors, and Sub-subcontractors to the extent the loss to the Owner would have been covered by the insurance to have been procured by the Owner. The cost of the insurance shall be charged to the Owner by a Change Order. If the Owner does not provide written notice, and the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain the required insurance, the Owner shall reimburse the Contractor for all reasonable costs and damages attributable thereto. § 11.2.3 Notice of Cancellation or Expiration of Owner’s Required Property Insurance. Within three (3) business days of the date the Owner becomes aware of an impending or actual cancellation or expiration of any property insurance required by the Contract Documents, the Owner shall provide notice to the Contractor of such impending or actual cancellation or expiration. Unless the lapse in coverage arises from an act or omission of the Contractor: (1) the Contractor, upon receipt of notice from the Owner, shall have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by either the Owner or the Contractor; (2) the Contract Time and Contract Sum shall be equitably adjusted; and (3) the Owner waives all rights against the Contractor, Subcontractors, and Sub-subcontractors to the extent any loss to the Owner would have been covered by the insurance had it not expired or been cancelled. If the Contractor purchases replacement coverage, the cost of the insurance shall be charged to the Owner by an appropriate Change Order. The furnishing of notice by the Owner shall not relieve the Owner of any contractual obligation to provide required insurance. § 11.3 Waivers of Subrogation (Paragraphs deleted) Page 152 of 449 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 34 § 11.4 Loss of Use, Business Interruption, and Delay in Completion Insurance The Owner, at the Owner’s option, may purchase and maintain insurance as will insure the Owner against loss of use of the Owner’s property due to fire or other hazards, however caused. §11.5 Adjustment and Settlement of Insured Loss § 11.5.1 A loss insured under the property insurance required by the Agreement shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.5.2. The Owner shall pay the Architect and Contractor their just shares of insurance proceeds received by the Owner, and by appropriate agreements the Architect and Contractor shall make payments to their consultants and Subcontractors in similar manner. § 11.5.2 Prior to settlement of an insured loss, the Owner shall notify the Contractor of the terms of the proposed settlement as well as the proposed allocation of the insurance proceeds. The Contractor shall have 14 days from receipt of notice to object to the proposed settlement or allocation of the proceeds. If the Contractor does not object, the Owner shall settle the loss and the Contractor shall be bound by the settlement and allocation. Upon receipt, the Owner shall deposit the insurance proceeds in a separate account and make the appropriate distributions. Thereafter, if no other agreement is made or the Owner does not terminate the Contract for convenience, the Owner and Contractor shall execute a Change Order for reconstruction of the damaged or destroyed Work in the amount allocated for that purpose. If the Contractor timely objects to either the terms of the proposed settlement or the allocation of the proceeds, the Owner may proceed to settle the insured loss, and any dispute between the Owner and Contractor arising out of the settlement or allocation of the proceeds shall be resolved pursuant to Article 15. Pending resolution of any dispute, the Owner may issue a Construction Change Directive for the reconstruction of the damaged or destroyed Work. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 Uncovering of Work § 12.1.1 If a portion of the Work is covered contrary to the Architect’s request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect’s examination and be replaced at the Contractor’s expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, the Contractor shall be entitled to an equitable adjustment to the Contract Sum and Contract Time as may be appropriate. If such Work is not in accordance with the Contract Documents, the costs of uncovering the Work, and the cost of correction, shall be at the Contractor’s expense. § 12.2 Correction of Work § 12.2.1 Before Substantial Completion The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, discovered before Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect’s services and expenses made necessary thereby, shall be at the Contractor’s expense. § 12.2.2 After Substantial Completion § 12.2.2.1 In addition to the Contractor’s obligations under Section 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of notice from the Owner to do so, unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.5. Page 153 of 449 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 35 § 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. § 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction of the Owner or Separate Contractors, whether completed or partially completed, caused by the Contractor’s correction or removal of Work that is not in accordance with the requirements of the Contract Documents. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct the Work. § 12.3 Acceptance of Nonconforming Work If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 Governing Law The Contract shall be governed by the law of the place where the Project is located. § 13.2 Successors and Assigns § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives to covenants, agreements, and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner’s rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate the assignment. § 13.3 Rights and Remedies § 13.3.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law. § 13.3.2 No action or failure to act by the Owner, Architect, or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed upon in writing. § 13.4 Tests and Inspections § 13.4.1 Tests, inspections, and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules, and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections, and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections, and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such Page 154 of 449 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 36 procedures. The Owner shall bear costs of tests, inspections, or approvals that do not become requirements until after bids are received or negotiations concluded. The Owner shall directly arrange and pay for tests, inspections, or approvals where building codes or applicable laws or regulations so require. § 13.4.2 If the Architect, Owner, or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection, or approval not included under Section 13.4.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection, or approval, by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.4.3, shall be at the Owner’s expense. § 13.4.3 If procedures for testing, inspection, or approval under Sections 13.4.1 and 13.4.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure, including those of repeated procedures and compensation for the Architect’s services and expenses, shall be at the Contractor’s expense. § 13.4.4 Required certificates of testing, inspection, or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. § 13.4.5 If the Architect is to observe tests, inspections, or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. § 13.4.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.5 Interest Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate the parties agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 Termination by the Contractor (Paragraphs deleted) § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, or their agents or employees or any other persons or entities performing portions of the Work because the Owner has repeatedly failed to fulfill the Owner’s obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days’ notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 Termination by the Owner for Cause § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors or suppliers in accordance with the respective agreements between the Contractor and the Subcontractors or suppliers; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the reasons described in Section 14.2.1 exist, and upon certification by the Architect that sufficient cause exists to justify such action, the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor’s surety, if any, seven days’ notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4; and Page 155 of 449 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 37 .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect’s services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall survive termination of the Contract. § 14.3 Suspension by the Owner for Convenience § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work, in whole or in part for such period of time as the Owner may determine. § 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay, or interruption under Section 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent .1 that performance is, was, or would have been, so suspended, delayed, or interrupted, by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. § 14.4 Termination by the Owner for Convenience § 14.4.1 The Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause. § 14.4.2 Upon receipt of notice from the Owner of such termination for the Owner’s convenience, the Contractor shall .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. § 14.4.3 In case of such termination for the Owner’s convenience, the Contractor shall be entitled to payment for Work executedalong with reasonable overhead and profit for the completed Work. ARTICLE 15 CLAIMS AND DISPUTES § 15.1 Claims § 15.1.1 Definition A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, a change in the Contract Time, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. This Section 15.1.1 does not require the Owner to file a Claim in order to impose liquidated damages in accordance with the Contract Documents. § 15.1.2 Time Limits on Claims The Owner and Contractor shall commence all Claims and causes of action against the other and arising out of or related to the Contract, whether in contract, tort, breach of warranty or otherwise, in accordance with the requirements of the binding dispute resolution method selected in the Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all Claims and causes of action not commenced in accordance with this Section 15.1.2. Page 156 of 449 Init. / AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 38 § 15.1.3 Notice of Claims § 15.1.3.1 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered prior to expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. Claims by either party under this Section 15.1.3.1 shall be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 15.1.3.2 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party. In such event, no decision by the Initial Decision Maker is required. § 15.1.4 Continuing Contract Performance § 15.1.4.1 Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. § 15.1.4.2 The Contract Sum and Contract Time shall be adjusted in accordance with the Initial Decision Maker’s decision, subject to the right of either party to proceed in accordance with this Article 15. The Architect will issue Certificates for Payment in accordance with the decision of the Initial Decision Maker. § 15.1.5 Claims for Additional Cost If the Contractor wishes to make a Claim for an increase in the Contract Sum, notice as provided in Section 15.1.3 shall be given before proceeding to execute the portion of the Work that is the subject of the Claim. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. § 15.1.6 Claims for Additional Time § 15.1.6.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, notice as provided in Section 15.1.3 shall be given. The Contractor’s Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. § 15.1.6.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated, and had an adverse effect on the scheduled construction. § 15.1.7 Waiver of Claims for Consequential Damages The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit, except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with Article 14. Nothing contained in this Section 15.1.7 shall be deemed to preclude assessment of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. (Paragraphs deleted) Page 157 of 449 Additions and Deletions Report for AIA® Document A201® – 2017 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 11:40:52 on 11/13/2025. Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 1 PAGE 1 Fred Richards Park 7640 Parklawn Ave, Edina MN 55435 43.5 Acre Parkland Construction and Renovation and Construction of New Facility … City of Edina 4801 W. 50th Street Edina, MN 55347 … The Architect: (Name, legal status, address, and other information) OPN Architects 212 N. 3rd Ave Suite 312 Minneapolis, MN 55401 The Landscape Architect: (Name, legal status, address, and other information) Confluence 901 N 3rd St #225 Minneapolis, MN 55401 Page 158 of 449 Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 2 PAGE 10 § 1.2.1 The Contract Documents are to be read and interpreted as a whole. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results.and to require Contractor to provide the highest quality and greatest quantity consistent with the Contract Documents. If there are inconsistencies within or among part of the Contract Documents or between the Contract Documents and applicable standards, codes or ordinances, the Contractor shall provide the better quality or greater quantity of Work or comply with the more stringent requirements; either or all in accordance with the Architect’s interpretation. The terms and conditions of this subparagraph 1.2.1 shall not relieve the Contractor of any of its obligations as set forth in Article 3. .1 Before ordering any materials or doing any Work, the Contractor shall verify measurements at the Project site and shall be responsible for the correctness of such measurements. No extra charges or compensation will be allowed on account of differences between actual dimensions and the dimensions indicated on the Drawings. Any difference that may be found shall be submitted to the Architect for resolution before proceeding with the Work. .2 If a minor change in the Work is necessary due to actual field conditions, the Contractor shall submit detailed drawings of such departure to the Architect for approval by the Architect before making the change. The Owner shall not be required to make any adjustment to either the Contract Sum or Contract Time because of any failure by the Contractor to comply with the requirements of this Subparagraph 1.2.1. Actual or alleged conflicts or inconsistencies between the Drawings and Specifications or other Contract Documents shall be brought to the Architect’s and Architect’s attention in writing, prior to performing the affected Work. The Architect’s and Construction Manager’s directions, as communicated through the Architect, shall be followed by the Contractor. PAGE 12 The parties shall agree upon written protocols governing the transmission and use of, and reliance on, of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. … Any use of, or reliance on, all or a portion of a building information model without agreement to written protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202™–2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party’s sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. … § 2.1.2 The Owner shall furnish to the Contractor, within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of, or enforce mechanic’s lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner’s interest therein.Work is to proceed as a no-lien Project in accordance with the laws of the State of Minnesota regarding public projects. Contractor shall provide to the Owner both a Labor and Material Payment Bond and a Performance Bond each in the amount of the Contract Price prior to the commencement of Work as required by Minnesota Statutes 574.26. The Contractor, for itself and for all who claim through the Contractor, acknowledges and agrees: (i) that because it is a public project, no lien shall attach to the real estate on which the Project is located or to any improvements no existing or to be constructed thereon in favor of the Page 159 of 449 Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 3 Contractor or any Subcontractor, mechanic, journeyman, laborer, material vendor, lessor of tools or equipment or any other party who may furnish work, materials, equipment, services, tools or machinery for the design or construction of improvements on the land. The Contractor shall also provide written notice of the no-lien status of this Project to all of its Subcontractors, material suppliers, equipment lessors and others that provide labor, material, equipment and/or services for the Project. Contractor shall defend, indemnify and hold the Owner and Architect harmless from any suit, lien, damages, losses or expenses, including reasonable attorneys’ fees.. § 2.2 Evidence of the Owner’s Financial Arrangements § 2.2.1 Prior to commencement of the Work and upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract. The Contractor shall have no obligation to commence the Work until the Owner provides such evidence. If commencement of the Work is delayed under this Section 2.2.1, the Contract Time shall be extended appropriately. § 2.2.2 Following commencement of the Work and upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract only if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) the Contractor identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due; or (3) a change in the Work materially changes the Contract Sum. If the Owner fails to provide such evidence, as required, within fourteen days of the Contractor’s request, the Contractor may immediately stop the Work and, in that event, shall notify the Owner that the Work has stopped. However, if the request is made because a change in the Work materially changes the Contract Sum under (3) above, the Contractor may immediately stop only that portion of the Work affected by the change until reasonable evidence is provided. If the Work is stopped under this Section 2.2.2, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay and start-up, plus interest as provided in the Contract Documents. § 2.2.3 After the Owner furnishes evidence of financial arrangements under this Section 2.2, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.4 Where the Owner has designated information furnished under this Section 2.2 as "confidential," the Contractor shall keep the information confidential and shall not disclose it to any other person. However, the Contractor may disclose "confidential" information, after seven (7) days’ notice to the Owner, where disclosure is required by law, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or by court or arbitrator(s) order. The Contractor may also disclose "confidential" information to its employees, consultants, sureties, Subcontractors and their employees, Sub-subcontractors, and others who need to know the content of such information solely and exclusively for the Project and who agree to maintain the confidentiality of such information. PAGE 13 § 2.3.3 If the employment of the Architect terminates, the Owner shall employ a successor to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. PAGE 15 If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 14 10 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if the Architect determines that they differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will recommend that an equitable adjustment be made in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor, stating the reasons. If either party disputes the Architect’s determination or recommendation, that party may submit a Claim as provided in Article 15.reasons PAGE 19 Page 160 of 449 Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 4 § 4.1.2 Duties, responsibilities, and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified, or extended without written consent of the Owner, Contractor, and Architect. Consent shall not be unreasonably withheld. Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by Contractor, and will not be liable for results of interpretations or decisions rendered in good faith. PAGE 20 § 4.2.13 The Architect’s Owner’s decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. PAGE 23 § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents.Duments. … Overhead and Profit (OH&P) for changes in work shall be limited to the following: 10% OH&P for all work self-preformed by Contractors own forces 5% OH&P for all subcontracted work. 5% OH&P for all work by subcontractors. Work performed by a combination of Contractors and Sub-Contractors shall not exceed a total of 10%OH&P PAGE 24 § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect’s professional judgment, to be reasonably justified. The Architect’s interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15.Change. PAGE 25 § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by (1) or the sequencing of the work by an act or neglect of the Owner or Architect, of an employee of either, or of a Separate Contractor; (2) Contractor employed by the Owner, or by changes ordered in the Work; (3) by labor disputes, fire, Work or by fires, unusual delay in deliveries, unavoidable casualties, adverse weather conditions documented in accordance with Section 15.1.6.2, or other causes beyond the Contractor’s control; (4) by delay authorized by the Owner pending mediation and binding dispute resolution; or (5) by other causes that the Contractor asserts, and the Architect determines, or a Subcontractor’s or supplier’s controor other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order without notice to sureties, for such reasonable time as the Architect may determine. A time extension shall be Contractor’s sole remedy and compensation for all such delays and changes in sequencing. . § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. § 8.3.3 This Section 8.3 does not preclude precludes recovery of damages for delay by either party under other provisions of the Contract Documents.Contractor if the Contractor is delayed at any time in the progress of the Work or the sequencing of work by an act or neglect of the Owner or the Architect or of any employee of either or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by fires, unusual delays in deliveries, unavoidable casualties or other causes beyond the Contractor’s or a Subcontractor’s or suppliers control Page 161 of 449 Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 5 and not reasonably anticipatable, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order without notice to sureties, for such reasonable time as the Architect may determine. A time extension shall be the Contractor’s sole remedy and compensation for all such delays and changes in sequencing. . PAGE 26 § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or supplier, unless such Work has been performed by others whom the Contractor intends to pay.Owner shall make 95% progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment during performance of the Work. Upon final completion of the Work, Owner shall pay the remainder of the Contract Price. Minn. Stat. § 290.92 requires that the City of Edina obtain a Withholding Affidavit for Contractors, Form IC-134, before making final payments to Contractors. This form needs to be submitted by the Contractor to the Minnesota Department of Revenue for approval. The form is used to receive certification from the state that the vendor has complied with the requirement to withhold and remit state withholding taxes for employee salaries paid. PAGE 27 § 9.5.4 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or supplier materials or equipment suppliers to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Architect and the Contractor Architect shall reflect such payment on its next Application the next Certificate for Payment. … § 9.6.2 The Contractor shall pay each Subcontractor, no later than seven days after Prompt Payment to Subcontractors. In accordance with Minnesota law, the Contractor shall include, in all subcontracts and other agreements with its subcontractors and suppliers, a provision which requires the Contractor to pay any of its subcontractors and suppliers within 10 days of the Contractor’s receipt of payment from the Owner, the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor’s portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub-subcontractors in a similar manner.for undisputed services or supplies provided by the subcontractor or supplier. The provision shall also include the requirement that the Contractor shall pay interest of one and one-half percent (1.5%) per month or any part of a month to the subcontractor or supplier on any undisputed amount not paid on time to the subcontractor or supplier. The provision shall further provide that the minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10, for an unpaid balance of less than $100, the Contractor shall pay the actual penalty due to the subcontractor or supplier, and a subcontractor or supplier who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorneys’ fees, incurred in bringing the action. PAGE 28 If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor’s Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents, the amount certified by the Architect or awarded by binding dispute resolution, , then the Contractor may, upon seven additional days’ notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of shutdown, delay and start-up, plus interest as provided for in the Contract Documents. PAGE 30 § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests, or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; .3 terms of special warranties required by the Contract Documents; or .4 audits performed by the Owner, if permitted by the Contract Documents, after final payment. Page 162 of 449 Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 6 PAGE 32 § 11.1.1 Contractor’s Liability Insurance. The Contractor shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. The Contractor shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Owner, Architect, and Architect’s consultants shall be named as additional insureds under the Contractor’s commercial general liability policy or as otherwise described in the Contract Documents.commercial general liability insurance as required to protect the Contractor, Architect and Owner from claims set forth below which may arise out of, result from, or are in any manner connected with, the execution of the work provided for in this Contract, or occur or result from the use by the Contractor, its agents or employees, of materials, equipment, instrumentalities or other property, whether the same be owned by the Contractor, or third parties, whether such claims arise during Contract performance or subsequent to completion of operations under this Contract and whether operations be by the Contractor or by anyone directly or indirectly employed by Contractor, or by anyone for whose acts Contractor may be liable, and whether such claims are claims for which the Contractor may be, or may be claimed to be, liable. Insurance shall be purchased from a company licensed to do business in the state where the Project is located, and shall be written for not less than the limits of liability specified below or required by law, whichever is greater. A certificate of insurance on a form acceptable to the Owner which verifies the existence of this insurance coverage must be provided to the Owner before work under this contract is begun. The Owner shall be named as an additional insured on a primary and noncontributory basis. The types of claims, required coverages and minimum limits of liability are as follows: A. Claims under Worker’s Compensation, disability benefit and other similar employee benefit acts; claims for damages because of bodily injury, occupational sickness or disease or death of employees. Insurance coverages shall include: Statutory Workers’ Compensation, including Employer’s Liability with a minimum limit of $100,000,00.00 for each employee. B. Claims for damages because of bodily injury, occupational sickness or disease, or death, by any person other than employees, claims for personal injuries which are sustained (1) by any person as a result of an act or omission directly or indirectly related to the employment of such person by the Contractor, or (2) any other person; claims for damages other than to the Work itself, because of injury to or destruction of tangible property including loss of use resulting therefor. Insurance coverages shall include: Premise – Operations Products-Completed Operations Blanket Contractual – Such insurance and endorsements as will insure the obligations under the provisions of Subsection 11.1.5 of this Document. Broad Form Property Damage Personal Injury Blanket Explosion, Collapse and Underground Property Damage Operations of Independent Contractors Policy Limits: General Aggregate $10,000,000.00 Products/Completed Operations Aggregate $10,000,000.00 Personal Injury $10,000,000.00 Each Occurrence $5,000,000.00 C. Claims for damages because of bodily injury or death of any person, or any property damage arising out of the ownership or use of any motor vehicle. Insurance coverage shall include: Business Auto Liability insurance including owned, hired and non-owned vehicles with limits of $5,000,000.00 Combined Single Limit for each accident for bodily injury and death, or property damage. D. The coverage limits required by Paragraphs (B) and (C) above may be achieved by the use of an Umbrella Excess Liability Policy. Page 163 of 449 Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 7 The limits of liability specified shall be considered minimum requirements. All aforesaid insurance policies shall be underwritten with responsible insurance carriers, with Best’s Ratings of not less than A and X and otherwise satisfactory to Owner and licensed to provide insurance in the state in which the Project is located. . PAGE 33 § 11.3.1 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents, and employees, each of the other; (2) the Architect and Architect’s consultants; and (3) Separate Contractors, if any, and any of their subcontractors, sub-subcontractors, agents, and employees, for damages caused by fire, or other causes of loss, to the extent those losses are covered by property insurance required by the Agreement or other property insurance applicable to the Project, except such rights as they have to proceeds of such insurance. The Owner or Contractor, as appropriate, shall require similar written waivers in favor of the individuals and entities identified above from the Architect, Architect’s consultants, Separate Contractors, subcontractors, and sub-subcontractors. The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this section 11.3.1 shall not prohibit this waiver of subrogation. This waiver of subrogation shall be effective as to a person or entity (1) even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, (2) even though that person or entity did not pay the insurance premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the damaged property. § 11.3.2 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, to the extent permissible by such policies, the Owner waives all rights in accordance with the terms of Section 11.3.1 for damages caused by fire or other causes of loss covered by this separate property insurance. The Owner, at the Owner’s option, may purchase and maintain insurance that will protect as will insure the Owner against loss of use of the Owner’s property, or the inability to conduct normal operations, due to fire or other causes of loss. The Owner waives all rights of action against the Contractor and Architect for loss of use of the Owner’s property, due to fire or other hazards however caused. property due to fire or other hazards, however caused. PAGE 35 The Contract shall be governed by the law of the place where the Project is located, excluding that jurisdiction’s choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4.located. PAGE 36 § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 An act of government, such as a declaration of national emergency, that requires all Work to be stopped; .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 The Owner has failed to furnish to the Contractor reasonable evidence as required by Section 2.2. § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, repeated suspensions, delays, or interruptions of the entire Work by the Owner as described in Section 14.3, constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less. Page 164 of 449 Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 8 § 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days’ notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, as well as reasonable overhead and profit on Work not executed, and costs incurred by reason of such termination. PAGE 37 § 14.4.3 In case of such termination for the Owner’s convenience, the Owner shall pay the Contractor for Work properly executed; costs incurred by reason of the termination, including costs attributable to termination of Subcontracts; and the termination fee, if any, set forth in the Agreement.Contractor shall be entitled to payment for Work executedalong with reasonable overhead and profit for the completed Work. PAGE 38 § 15.2 Initial Decision § 15.2.1 Claims, excluding those where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2 or arising under Sections 10.3, 10.4, and 11.5, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim. If an initial decision has not been rendered within 30 days after the Claim has been referred to the Initial Decision Maker, the party asserting the Claim may demand mediation and binding dispute resolution without a decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. § 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Decision Maker’s sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner’s expense. § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of the request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be furnished, or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution. § 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1. § 15.2.6.1 Either party may, within 30 days from the date of receipt of an initial decision, demand in writing that the other party file for mediation. If such a demand is made and the party receiving the demand fails to file for mediation within 30 days after receipt thereof, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. Page 165 of 449 Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 9 § 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor’s default, the Owner may, but is not obligated to, notify the surety and request the surety’s assistance in resolving the controversy. § 15.2.8 If a Claim relates to or is the subject of a mechanic’s lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 15.3 Mediation § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract, except those waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.7, shall be subject to mediation as a condition precedent to binding dispute resolution. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 15.3.3 Either party may, within 30 days from the date that mediation has been concluded without resolution of the dispute or 60 days after mediation has been demanded without resolution of the dispute, demand in writing that the other party file for binding dispute resolution. If such a demand is made and the party receiving the demand fails to file for binding dispute resolution within 60 days after receipt thereof, then both parties waive their rights to binding dispute resolution proceedings with respect to the initial decision. § 15.3.4 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 15.4 Arbitration § 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. The Arbitration shall be conducted in the place where the Project is located, unless another location is mutually agreed upon. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. § 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. § 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement, shall be specifically enforceable under applicable law in any court having jurisdiction thereof. Page 166 of 449 Additions and Deletions Report for AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 10 § 15.4.4 Consolidation or Joinder § 15.4.4.1 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either party may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 15.4.4.2 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either party may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as those of the Owner and Contractor under this Agreement. Page 167 of 449 AIA Document D401 – 2003. Copyright © 1992 and 2003. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 11:40:52 on 11/13/2025 under Order No.20250092048 which expires on 01/24/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (1416392747) 1 Certification of Document’s Authenticity AIA® Document D401™ – 2003 I, James B. Hovland-Mayor, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 11:40:52 on 11/13/2025 under Order No. 20250092048 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A201™ – 2017, General Conditions of the Contract for Construction, other than those additions and deletions shown in the associated Additions and Deletions Report. _____________________________________________________________ (Signed) _____________________________________________________________ (Title) _____________________________________________________________ (Dated) Page 168 of 449 d PURCHASE REPORT Date: November 18, 2025 Item Activity: Approve Meeting: City Council Agenda Number: 6.21 Prepared By: Rachel DeVries Finberg, Park Planner Item Type: Request for Purchase Department: Parks & Recreation Item Title: Request for Purchase: Fred Richards Park Facility Commissioning Services Action Requested: Approve the Request for Purchase for Commissioning Services at Fred Richards Park Facility with KFI Engineers for $60,500. Information/Background: The facilities at Fred Richards Park are being remodeled and a new facility added to meet the needs of the Fred Richards Park Master Plan. These buildings will need special commissioning to meet the requirements of Edina's Sustainable Building Policy and LEED Silver Certification. The commissioning agent will work with OPN Architects and H+U Construction Manager, already parts of the Fred Richards Park Project team. Commissioning services are laid out in the attached proposal and will be executed as part of the master services contract with KFI Engineers. Requisition Number: 12500257 Funding Source: LOST Capital Vendor: KFI Engineers Equipment Status: New Cost: $60,500 Resources/Financial Impacts: This project is funded by the local option sales tax that was implemented by the referendum on November 8, 2022. Project Budget is set at $17.7 million. Fred Richards park will be operated and maintained by Edina Parks and Recreation and programming or facility partners. Relationship to City Policies: Fred Richards Park is part of CIP P&R23103. The addition and renovation of the facility supports Edina Parks and Trails Strategic plan goals. Budget Pillar: Strong Foundation Reliable Service Livable City Better Together Values Impact: Engagement The project was engaged in 2016 to identify community needs through multiple outreach opportunities. Concepts were presented in 2024 for comments and feedback Page 169 of 449 Sustainability Facilities will be designed to reflect the park goals and support City's sustainability goals. SITES and LEED will be pursued with this project Health Designs and layouts will promote physical and mental health. Accessible connections to nature will be incorporated Stewardship Designs will reflect city standards and needs for long term sustainability and support. Strategic renovation and re-purposing will allow for budget maximization as well as impact. Equity The project will examine accessibility and needs of regional users as well as community surrounding the site. Barriers will be removed to create a welcoming and high functioning space for all to enjoy. Architectural design will be people- centered and reflect the needs of all users. Supporting Documentation: 1. Proposal for Commissioning Services for Fred Richards Park Facility Page 170 of 449 1-866-534-3647 KFI-ENG.COM 10/23/25 Rachel DeVries Finberg via email: RFinberg@EdinaMN.gov Park Planner City of Edina 7450 Metro Blvd. Edina, MN 55439 RE: Proposal for Commissioning Services City of Edina – Fred Richards Park Facility KFI Project # 25-1027.00 Dear Rachel, KFI Engineers (KFI) is pleased to provide this proposal for Commissioning services on the above-referenced project. This proposal outlines our scope of work and associated compensation. This proposal is valid for 45 days from the date above. PROJECT UNDERSTANDING The project consists of commissioning services for the renovation of the existing clubhouse building and the construction of the new park building that is exploring LEED v4 certification. The scope includes Fundamental Cx Credit (EA Pre-Req 1) and Enhanced Cx (Option 1; Path 1) in the base scope. An alternate is provided for Building Envelope Cx (Option 2) as well. BASIC SERVICES SCOPE OF WORK KFI will commission the following systems: 1. HVAC Systems and Associated Controls • Condensing Units (3) • Fan Coil Units (3) • Exhaust Fans (3) • Make Up Air Unit (1) • Electric Unit Heaters (6) 2. Electrical Systems • Normal Power Distribution • Occupancy Sensors (18) 3. Plumbing Systems • Water Heater (3) 4. Enhanced Building Envelope/Enclosure • Envelope (Fundamental Credit and Enhanced Cx Option 1, path 1) • Alternate provided for full scope envelope tasks Option 2 Page 171 of 449 Fred Richards Park Facility City of Edina Page 2 of 8 Scope and Fee KFI 25-1027.00 The commissioning tasks to be performed are: Design Phase 1. Review Owner’s Project Requirements and the design team’s Basis of Design (if applicable) to become familiar with the project. Provide written comments for consideration. 2. Perform two (2) design reviews. Reviews will be performed at 50% and 95% CD. We anticipate the most detailed review to occur at the 95% CD phase when control sequences have been developed. Written comments will be provided to the design team for consideration for each design review. • Envelope system review will be executed for the 100% CD set. 3. Attend two (2) design review meetings. We anticipate one meeting at the formal design review document phase. 4. Develop a Commissioning (Cx) Plan. Update the Cx Plan throughout the project. The Cx Plan will identify members of the Cx team, roles and responsibilities of each team member, the Cx schedule, and provide a narrative of Cx tasks. 5. Document training requirements are included within construction documents. 6. Develop a project-specific Cx specification for inclusion in the construction documents. Provide specifications to the design team and owner for review. 7. Identify and document the systems manual requirements for inclusion in the commissioning specification. Construction & Acceptance Phases 1. Review the project schedule and provide the construction team Cx milestones and task durations for inclusion in the official project schedule. 2. Review initial equipment submittals for the commissioned systems concurrent with the design team. Submittal review comments will be forwarded to the design team for consideration and official inclusion in their submittal review comments. 3. Attend and lead Cx kickoff meeting to assist with Cx coordination. 4. Develop custom construction checklists after all submittals have been approved by the design team. KFI will review the checklists’ information in the field to verify accuracy. Checklists include: • Delivery acceptance criteria to confirm supplied equipment matches submittals. • Verification checks to observe if installation correlates with the details, specifications, and manufacturer requirements. • Contractors will complete any contract document requirements for pre-functional verifications that verify equipment startups, BAS point-to-point verifications, and preliminary sequence checks. 5. Perform two (2) construction site visits during the project. During the site visits, we anticipate the following tasks: • Review contractor progress on the construction checklists. • Review equipment and system installations for conformance to the construction documents, industry standards, manufacturer recommendations, and KFI experience. Document deficiencies on observation reports and forward them to the project team for review and action. • Conduct commissioning meetings to review progress on Cx tasks (and provide agendas, minutes, etc.). We will coordinate site visits to coincide with regular construction meetings whenever possible. When we cannot attend construction meetings, we will review meeting minutes and provide comments where necessary. Site visits are anticipated around the following milestones: • Cx kickoff (near the beginning of MEP rough-in) 6. Review start-up plan from contractors (and provide comments), review start-up documentation for completeness and accuracy (and provide comments). Page 172 of 449 Fred Richards Park Facility City of Edina Page 3 of 8 Scope and Fee KFI 25-1027.00 7. After reviewing and accepting the controls contractor self-testing (pre-functional testing) documents, KFI will execute functional performance testing at the sampling rates identified above. Testing includes the following tasks: • Point-to-point verification including sensor calibrations and input/output verification. • Review graphics for accuracy to systems, menu operability, links, and schematic accuracy. • Perform sequence testing through a combination of setpoint adjustments, trend reviews, and manual overrides. • Perform integrated systems testing. 8. Document functional test deficiencies on the Master Issue Tracking List and assist the project team in verifying that corrective actions are performed. After written notification of correction, KFI will retest deficiencies. KFI considers one retest part of the normal scope of work. Additional retests will be at the contractor's expense. 9. Issue Owner’s training requirements to the contractors. 10. Provide seasonal testing of HVAC systems to review sequence testing of equipment under appropriate loads in all seasons. 11. Review O&M manuals and systems manuals and provide comments to the project team. Review equipment warranty information provided in O&Ms. 12. Receive and review the systems manual as submitted by the contractor. Verify that it achieves the OPR. Verify it includes checklists for the Owner’s ongoing use as a reference of building operational benchmarks and as a tool for managing day-to-day operations of the facility. This systems manual shall be used as the “text” guide to perform the Owner’s training of the day-to-day operation of this facility. Expected outline of the systems manual includes: • Executive summary • OPR • Basis of design • System single-line diagrams • Construction record documents and specifications • Approved submittals • As-built drawings • As-built sequence of operation • Original setpoints for all systems commissioned • Recommended schedule for recommissioning • Recommended schedule for sensor recalibration • Equipment operations and maintenance manuals • Equipment preventive maintenance schedules • Confirmation of completed training for the Owner and occupants • Ongoing system optimization procedures • Final commissioning report 13. Verify the contractor training plan for the Owner including reviewing and approving training agendas, verifying the execution of the training, and ensuring the training sessions meet the Owner’s needs. In addition, we will encourage the facility operators to participate in the testing process with KFI. 14. Prepare and maintain a current facilities requirements and operations and maintenance plan. The plan will contain the following information: • Sequences of operation • Building occupancy schedule • Equipment run-time schedules Page 173 of 449 Fred Richards Park Facility City of Edina Page 4 of 8 Scope and Fee KFI 25-1027.00 • Setpoints for all HVAC equipment • Lighting levels throughout building • Minimum outside air requirements • Changes in schedules for any seasonal or regularly scheduled events • Systems narratives for MEP systems • Preventative maintenance plan for MEP systems 15. Develop ongoing/recommissioning plan for both MEP and Enclosure systems. Closeout Phase 16. Provide a final commissioning report in PDF format at the conclusion of the project: • Provide a summary of the commissioning process (including a summary of any open issues and associated documentation), a building/system description, a review of the tasks executed, and a summary of the testing methods executed for future reference by the owner. • Include all commissioning documentation from the tasks identified above. • Provide a summary of equipment deficiencies regarding performance/efficiency, executed documentation, and training. • Provide recommendations for any of the systems. 17. Fill out LEED credit templates. 18. Provide a warranty review walk-through with the owner’s staff at the 11-month point of occupancy. 19. Develop an Ongoing Commissioning Plan. PROJECT SCHEDULE Pricing is based upon project completion on or before August 30, 2027. If the Project Schedule is significantly modified, and KFI planning is affected, Client agrees to compensate KFI for the modification. KFI currently has the ability to commence work immediately. ALTERNATES: Alternate #1 Enhanced Commissioning Option 2, Envelope Commissioning: The scope of work highlighted in the appendix would meet the requirements for LEED Option 2. CLARIFICATIONS 1. KFI is not responsible for the schedule of documents submission by the design team or Owner to KFI for review. 2. KFI reserves the right to copy the Owner on all Commissioning correspondence. 3. We have included one (1) review of equipment and controls submittals in our base fee. Review of resubmittals will be considered an additional service. 4. Distribution of commissioning-related review comments, issues logs, and checklists will be through KFI’s forms or web tools. We have not included time for reformatting our documents into other software platforms. COMPENSATION Basic Services Fee For the Basic Services Scope of Work described above, the Client shall compensate KFI as follows: Fixed Fee in the amount of $47,000. Included in the Fixed Fee amount are travel and production expenses. Alternate #1 Building Enclosure Fee: KFI proposes this alternate defined above for a Fixed Fee of: $13,500. Page 174 of 449 Fred Richards Park Facility City of Edina Page 5 of 8 Scope and Fee KFI 25-1027.00 Additional Services Significant changes in the project including, but not limited to size, quantity, complexity, change of circumstances or the Owner’s schedule or budget shall be considered additional services. KFI may provide Client with additional services upon written approval from Client. Compensation for additional services will be mutually agreed upon in writing. When any portions of the Project are deleted or otherwise not constructed, compensation for those portions shall be payable to the extent services are performed on those portions. The fees stated above do not include state and local fees or sales tax. If the project is in a jurisdiction where these are required, the applicable amounts will be added as line items on the invoice. Invoicing will occur on a monthly basis, payment terms are net 30 days. Client shall not withhold retainage from payments. Should you find this proposal agreeable, please issue a Purchase Order under KFI's Master Agreement dated April 29, 2024. Alternatively, if you prefer a different contractual arrangement, we are open to proceeding accordingly. Thank you for the opportunity to provide commissioning services for this project. Thank you for the opportunity to provide commissioning services for this project. Please contact me at (651) 254-9027 if you have any questions. Respectfully submitted, KFI Engineers _______________________________ Casey Batenhorst, PE, NEBB CP, CEM, LEED AP Performance Group Manager Attachments: Appendix A PG S & F Cx PROPOSAL template 20250325 Page 175 of 449 Fred Richards Park Facility City of Edina Page 6 of 8 Scope and Fee KFI 25-1027.00 APPENDIX A ENHANCED COMMISSIONING OPTION 2 ENVELOPE COMMISSIONING In addition to the tasks listed previously, KFI will also perform the following tasks in addition to the Envelope test highlighted in the next section. 1. Review of contractor submittals pertaining to the exterior enclosure components. Verify inclusion of systems manual requirements in construction documents. 2. Verify inclusion of operator and occupant training requirements in construction documents. 3. Verify systems manual updates and delivery. 4. Verify operator and occupant training delivery and effectiveness. 5. Review building operations 10 months after substantial completion. 6. Develop an on-going commissioning plan. BASIC SERVICES SCOPE OF WORK (BET) The project will consist of providing both negative and positive pressure tests. KFI will supply all testing blower fans, pressure instruments and labor for the specified tests. 1. Includes Architectural Pressure Test as specified 2. Includes thermal survey of the building enclosure as specified by a level II thermographer 3. Includes leak testing as specified if the pressure tests do not pass. 4. Includes one day test event for conducting the pressure tests and performing any leak testing required. If additional days are required due to failed test that cannot be repeated within that day additional costs will be required to re-test the building including travel and living costs. 5. Review initial equipment submittals for the commissioned systems concurrent with the design team. Submittal review comments will be forwarded to the design team for consideration and official inclusion in their submittal review comments. 6. Verify inclusion of systems manual requirements in construction documents for enclosure systems. 7. Develop an Ongoing Commissioning Plan. Pressure Testing Shall Include: 1. Schedule Includes test setup and testing the building over a one-day period, for testing and leak testing if required. 2. Performing a design review of the subject building for testing requirements 3. Create testing plan and pre-test documentation as specified 4. Supply all required pressure test fans, blower doors, electronic test anemometers and test computer. 5. Perform an enclosure sealing inspection prior to the tests to verify the air barrier is continuous and that it is ready for testing 6. Setup blower door and test equipment for each test 7. Perform the pressure test and all required calculations 8. Provide a final report of testing. Final report will report actual CFM leakage at test pressure and at normal operating pressure 9. Includes all travel and living expense Test Deliverables 1. Develop a test plan 2. Air leakage test forms 3. Calculation worksheet 4. Test report Page 176 of 449 Fred Richards Park Facility City of Edina Page 7 of 8 Scope and Fee KFI 25-1027.00 ARCHITECTURAL ENCLOSURE PRESSURE TEST PROCESS Each enclosure pressure test shall be done in accordance with the standard specified above and shall utilize the following work steps: 1. The test zone is defined as exterior walls and roof that include the architectural air barrier. (Architect needs to specify air barrier) 2. All gas fired equipment within the test zone are shut down and the gas pilot lights are turned off. 3. All HVAC systems are turned off 4. All intentional openings are sealed 5. Wind speed is measured (test must be done during low wind conditions) 6. Indoor and ambient temperatures are measured 7. Pressure blowers (Nine Total) are installed in exterior doors and the building is tested at a no flow condition to determine the bias pressure of the building without flow. 8. The building is tested in a negative and positive condition of up to 75pa or at the highest level possible below 75pa. 9. Test shall determine the existing leakage rate of the enclosure at test pressure. From this data the actual leakage at normal operating pressure shall be calculated. The test shall also calculate the equivalent hole size of all combined leaks. 10. If the tests fail KFI will provide leak detection of the enclosure to discover the major leak areas 11. Provide a thermal survey of the building enclosure for insulation voids and air intrusion. 12. KFI shall issue a building enclosure testing report of the testing results. REQUIRED SEALING OF ENCLOSURE The general contractor or other subcontractors shall place all systems into the following modes for testing 1. The area to be tested must be vacated by people in the test space, or workers in the space may not leave or enter the testing area or open or close any doors or other openings for the duration of the tests. 2. All interior doors between the exterior wall and the interior common spaces shall be blocked open and all access doors opened. 3. The HVAC system, including gas fired unit heaters, must be turned off and the pilot lights turned off and the gas flues temporarily sealed with temporary sticky plastic film or other air barrier material that will not blow off due to both the positive and negative pressure of the test. 4. All control dampers in the main ductwork or building exterior shall be closed. 5. All intentional openings shall be sealed airtight with temporary sticky plastic film or other air barrier material that will not blow off due to both the positive and negative pressure of the test. Intended openings include: 6. Exhaust fans 7. Louvers or vents that expose the interior with the space to the ambient 8. Outside air intake and reliefs 9. The general contractor shall supply temporary or permanent power for (2) 20-amp circuits of 120V power within 40’ of the door used for the pressure test. 10. Once all testing is complete the contractors shall remove all temporary sealing and changes to the system and re-start all systems to fully automatic control, including unsealing gas flues and restarting all pilot lights. CLARIFICATIONS (BET) 1. Proposal costs are based upon KFI performing both the enclosure commissioning and pressure testing due to the required pressure sealing verification required during construction for a successful pressure test. Page 177 of 449 Fred Richards Park Facility City of Edina Page 8 of 8 Scope and Fee KFI 25-1027.00 2. Assumes all architectural, mechanical, and electrical drawings will be provided in PDF format 3. All pressure test reports will be provided in PDF format in lieu of three ring binders as specified. 4. This estimate covers the new building only. In our opinion, the existing buildings would not pass a pressure test. If you would like to include them in the scope, we can provide a separate price. Page 178 of 449 d ITEM REPORT Date: November 18, 2025 Item Activity: Approve Meeting: City Council Agenda Number: 6.22 Prepared By: Stephanie Hawkinson, Affordable Housing Development Manager Item Type: Other Department: Community Development Item Title: Second Amendment to Redevelopment Agreement at 4620 W. 77th Street Action Requested: Approve Second Amendment to Redevelopment Agreement for 4620 W. 77th Street with 4620 LLC. Information/Background: On December 20, 2022, the City Council and HRA entered into a Redevelopment Agreement with 4620 LLC for the development of a seven-story, 276-unit apartment building located at 4620 W. 77th Street called "The Finch." The Redevelopment Agreement included provisions that required 10% of the units to be affordable at 50% AMI rent levels and an additional 40% of the units to have rents not to exceed the 120% rent levels. This request is to approve the Second Amendment to the Redevelopment Agreement. The first amendment was executed on February 15, 2024 to prioritize people with intellectual and developmental disabilities for the 28 affordable units. This Second Amendment pertains to section 4.13 of the Redevelopment Agreement requiring that public art be installed on site. The amendment allows for a restricted payment of $25,000 be made to the City of Edina designated for funding public art as a part of the Fred Richards Master Plan Implementation project in lieu of installing art within the confines of The Finches exterior grounds. This payment in lieu of providing art on site meets the purpose behind the requirement while allowing for a wider audience to benefit. Art was considered as a part of the Fred Richards Master Plan and a workplan item of the Arts and culture commission but was designated as a future phase with future funding. The Finch is occupied and in compliance with the other requirements in the Redevelopment Agreement. Resources/Financial Impacts: The payment of $25,000 to support public art at Fred Richards Park is an additional source of funding for the project. The Parks and Recreation Department would oversee the selection, installation and maintenance of the art piece with project implementation and park maintenance budget. Relationship to City Policies: This amendment complies with the Fred Richard Park Master Plan and incorporates an Arts and Culture Commission workplan item. Budget Pillar: Livable City Page 179 of 449 Values Impact: Equity Installing public art at Fred Richard Park allows for more people to have access and benefit from its presence. Stewardship The $25,000 is coming from a from a private developer. Supporting Documentation: 1. Second Amendment to Redevelopment Agreement Page 180 of 449 Draft 11/6/2025 Second Amendment to Redevelopment Agreement (4620 W. 77th Street) 4934-4689-2664\3 Second Amendment to Redevelopment Agreement (4620 W. 77th Street) by and among City of Edina, Minnesota, Housing and Redevelopment Authority of Edina, Minnesota, and 4620 LLC Dated as of [Dated Date], 2025 THIS DOCUMENT WAS DRAFTED BY: Dorsey & Whitney LLP 50 South Sixth Street, Suite 1500 Minneapolis, MN 55402-1498 Page 181 of 449 Draft 11/6/2025 4934-4689-2664\3 SECOND AMENDMENT TO REDEVELOPMENT AGREEMENT (4620 W. 77th Street) THIS SECOND AMENDMENT TO REDEVELOPMENT AGREEMENT (this “Amendment”) is made and entered into [Dated Date], 2025 (“Effective Date”), by and among the City of Edina, Minnesota, a Minnesota statutory city (the “City”), the Housing and Redevelopment Authority of Edina, Minnesota, a public body corporate and politic organized and existing under the laws of the State of Minnesota (the “Authority”), and 4620 LLC, a Minnesota limited liability company (“Developer”). RECITALS A. Pursuant to and in accordance with Minnesota Statutes, Sections 469.174 to 469.1794, as amended (the “TIF Act”), the Authority is authorized to finance certain eligible redevelopment costs of redevelopment projects with tax increment revenues derived from a tax increment financing district established in accordance with the TIF Act. B. Pursuant to the temporary authority for use of tax increments granted by Section 469.176, subdivision 4n of the TIF Act, on October 28, 2021, the Authority adopted, and on November 16, 2021, the City approved, a written spending plan for unobligated tax increment monies for the TIF District and other previously established tax increment financing districts in the City (the “Spending Plan”) and established the Special Projects and Redevelopment Capital Fund (the “SPaRC Fund”) to encourage and incentivize new private investment in the City’s commercial and industrial districts by providing loans, grants and/or equity for development projects in accordance with the Spending Plan. C. The City, the Authority, and the Developer entered to that certain Redevelopment Agreement dated December 20, 2022 (the “Original Agreement”) as amended by that certain First Amendment to Development Agreement dated March 5, 2024 (the “First Amendment,” and together with this Amendment the “Agreement”) in which the Authority agreed to provide Developer (or its permitted assignee) certain Pooled Tax Increments and the unobligated increment from the SPaRC Fund in connection with Developer’s development and construction of certain Minimum Improvements (as such terms are defined in the Original Agreement). D. The parties entered into the First Amendment to adjust the provisions therein related to the affordable housing requirements and the exhibit related thereto. E. The parties desire to enter into this Amendment to adjust the provision therein related to public art to require payment to the City for public art purposes in lieu of installation of public art by the Developer. NOW, THEREFORE, in consideration of foregoing Recitals, which are incorporated into the provisions of this Amendment by this reference, and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the others as follows: Page 182 of 449 Draft 11/6/2025 4934-4689-2664\3 Article I Recitals; Text, Definitions 1.1 Recitals. The foregoing Recitals are incorporated into this Amendment by this reference, including the definitions set forth therein. 1.2 Text. To indicate amendments, strikethrough (strikethrough) and underline (underline) text shall be used. Added language shall be indicated with underline text and deleted language shall be indicated with strikethrough text. 1.3 Definitions. Unless the context otherwise specifies or requires, the terms used in this Amendment have the definitions given them in the Original Agreement. All defined terms may be used in the singular or the plural, as the context requires. Article II Representations and Warranties 2.1 Original Agreement Representations and Warranties Reaffirmed. The City, the Authority, and the Developer hereby reaffirm their respective representations and warranties provided in Article II of the Original Agreement. Article III Amendments and Additions 3.1 Amendment to Section 4.13. Section 4.13 of the Original Agreement is hereby amended as follows: 4.13 Donation for Public Art. The Project shall include public art in a manner reasonably approved by the Authority. Such public art shall be a permanent sculpture or similar art installation. Developer shall at all times maintain the public art in good, first-class condition, at no cost to the City or the Authority. Developer shall make a payment of $25,000 to the City for the purpose of supporting art in Fred Richards Park. Article IV Additional Provisions 4.1 Titles of Articles and Sections. Any titles of the several parts, Articles and Sections of the Amendment are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. 4.2 Severability. If any term or provision of this Amendment is determined to be invalid or unenforceable under applicable Law, the remainder of this Amendment shall not be affected thereby, and each remaining term or provision of this Amendment shall be valid and enforceable to the fullest extent permitted by applicable Law. 4.3 Ratification. Except as specifically modified by this Amendment, the terms and provisions of the Original Agreement shall remain in full force and effect. Page 183 of 449 Draft 11/6/2025 4934-4689-2664\3 IN WITNESS WHEREOF, the City, the Authority and Developer have caused this Agreement to be duly executed in their names and on their behalf, all on or as of the date first above written. City of Edina, Minnesota By: __________________________________________ James B. Hovland, Mayor By: __________________________________________ Scott H. Neal, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of _________, 2025, by James B. Hovland and Scott H. Neal, the Mayor and City Manager, respectively, of the City of Edina, Minnesota, on behalf of the City of Edina. _______________________________________ Notary Public [Signature Page to Second Amendment to Redevelopment Agreement (4620 W. 77th Street)] Page 184 of 449 Draft 11/6/2025 [Signature Page to Second Amendment to Redevelopment Agreement (4620 W. 77th Street)] 4934-4689-2664\3 Housing and Redevelopment Authority of Edina, Minnesota By: ______________________________ James B. Hovland, Chair By: ______________________________ James Pierce, Secretary STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of __________, 2025, by James B. Hovland and James Pierce, the Chair and Secretary, respectively, of the Housing and Redevelopment Authority of Edina, Minnesota, on behalf of said Authority. _______________________________________ Notary Public [Signature Page to Second Amendment to Redevelopment Agreement (4620 W. 77th Street)] Page 185 of 449 Draft 11/6/2025 4934-4689-2664\3 4620 LLC, a Minnesota limited liability company By: __________________________________________ Name: ________________________________________ Its: ___________________________________________ STATE OF _______________ ) ) ss. COUNTY OF ______________ ) The foregoing instrument was acknowledged before me this ___ day of ___________, 2025, by ____________________, the _______________ of 4620 LLC, a Minnesota limited liability company, on behalf of the company. Notary Public [Signature Page to Second Amendment to Redevelopment Agreement (4620 W. 77th Street)] Page 186 of 449 d ITEM REPORT Date: November 18, 2025 Item Activity: Approve Meeting: City Council Agenda Number: 6.23 Prepared By: Jeff Brown, Community Health Administrator Item Type: Report & Recommendation Department: Fire Item Title: Ordinance No. 2025-14: Amending City Code Concerning Lower Potency Hemp Edibles Action Requested: Approve Ordinance 2025-14 amending City Code concerning lower potency hemp edibles. Information/Background: This action will update City Code to align with State of Minnesota Office of Cannabis Management regulations and Minnesota Statute 342. This action will update terminology to match State language and set City registration fees as dictated by Statute. Resources/Financial Impacts: Minimal impact on City resources. Registration fees will be collected and registrations issued in same way as done currently. Fees are set at maximum allowed by Statute. Relationship to City Policies: None Supporting Documentation: 1. Ordinance No. 2025-14: Amending City Code Concerning Lower Potency Hemp Edibles Page 187 of 449 235506v1 ORDINANCE NO. 2025-14 AN ORDINANCE AMENDING CHAPTER 12 OF THE EDINA CITY CODE CONCERNING LOWER-POTENCY HEMP EDIBLES THE CITY COUNCIL OF EDINA ORDAINS: Section 1. Chapter 12, Article XII, Section 12-540 is amended with the following original text, deleted text, and new text: 12-540 – Purpose and Authority The city council finds that current state law of clarifying the sale of edible and non-edible tetrahydrocannabinol ("THC") products has created a rapid introduction of new products into our community. The U.S. Surgeon General has offered guidance that THC products present a significant potential threat to public health, safety, and welfare, and particularly to youth and adolescents and their brain development. While the sale of some edible and nonedible THC products is legal in Minnesota, marijuana remains a prohibited substance under federal law and therefore the partial legalization of THC products on a state level presents special challenges. The city council finds that there is a public health necessity for regulation related to sales and distribution of THC Products lower-potency hemp edibles within the city. To balance the interests of effectively regulating THC Products while not placing an undue burden upon businesses, the city council finds that a licensing model is most appropriate to ensure compliance with the laws and business standards of city and state. The city council desires to prevent young people from consuming THC lower-potency hemp edibles illegally and to ensure that retailers sell legal THC Products lower-potency hemp edibles in a safe manner to persons of who are of legal age to consume them. This section does not apply to any product dispensed by a registered medical cannabis manufacturer pursuant to Minn. Stat. §§ 152.22 to 152.37. The purpose of this article is to implement the provisions of Minn. Stat. Ch. 342, which authorizes the city to protect the public health, safety, welfare of Edina residents by regulating lower-potency hemp edibles within the legal boundaries of Edina. The City of Edina has the authority to adopt this article, including but not limited to Minn. Stat. § 342.13(c), Minn. Stat. § 342.22 Minn. Stat. § 152.0263, Subd. 5, Minn. Stat. § 462.357, and Minn. Stat. § 412.221. If any section, clause, provision, or portion of this article is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this article shall not be affected thereby. Page 188 of 449 Ordinance No. 2025-14 2 Section II. Chapter 12, Article XII, Section 12-541 is deleted in its entirety and replaced as follows: 12-541 – Definitions Words, terms, and phrases used in this article shall have the meanings ascribed to them in Section 12-568 of this Code. Section III. Chapter 12, Article XII, Section 12-542 is deleted in its entirety and replaced as follows: 12-542 – License and Registration Required No person may own or operate a business selling lower-potency hemp edibles within the City of Edina without obtaining, and at all times maintaining, a lower-potency hemp edible retailer license from the OCM, and a valid retail registration from the City of Edina pursuant to Section 12-569 et seq. of this Code. The enforcement provisions of this code, including but not limited to Sections 12-570 and 12-573, shall apply without limitation to all lower-potency hemp edibles retailers within the City. Nothing in this article shall prevent the City from seeking any appropriate remedy for code violations, including by seeking injunctive or monetary relief in a court of competent jurisdiction. Section IV. Chapter 12, Article XII, Sections 12-543 through 12-558 are hereby deleted and shall be removed from the City Code. Section V. Chapter 2, Article VIII, Division 2, Section 2-724 Schedule A, fees and charges, shall be amended with the following original text, deleted text, and added text: Chapter and Section Purpose of Fee/Charge Amount 12-542 THC-Infused edibles and drinks sale license $700.00 12-543 THC Edibles Sales License $720.00 Per THC Edible Establishment 12-542 Lower-Potency Hemp Edible Retailer Registration $125.00 Initial Registration $125.00 Renewal Registration Section VI. This ordinance shall be effective immediately upon its passage and publication. Page 189 of 449 Ordinance No. 2025-14 3 ADOPTED this 18th day of November, 2025, by the City Council of the City of Edina, Minnesota. First Reading: November 18, 2025 Second Reading: Waived ATTEST: Sharon Allison, City Clerk James B. Hovland, Mayor Page 190 of 449 d PURCHASE REPORT Date: November 18, 2025 Item Activity: Approve Meeting: City Council Agenda Number: 6.24 Prepared By: Kelly Curtin, Human Resources Director Item Type: Request for Purchase Department: Human Resources Item Title: Request for Purchase: Annual NeoGov LEARN and SSO Software Action Requested: Approve the request for purchase of the annual NeoGov LEARN and SSO software for $31,272.15. Information/Background: NeoGov LEARN which is our citywide learning management system (LMS) and single-sign on (SSO) software contract. Requisition Number: 12500256 Funding Source: Budgeted Vendor: NeoGov Equipment Status: Replacement Cost: $31,272.15 Resources/Financial Impacts: • Budget: Human Resources General — Software & Data • Implementation and operation: Ongoing citywide LMS and SSO Relationship to City Policies: Citywide Training Work Plan Budget Pillar: Strong Foundation Values Impact: Reliable Service Supporting Documentation: None Page 191 of 449 d ITEM REPORT Date: November 18, 2025 Item Activity: Approve Meeting: City Council Agenda Number: 6.25 Prepared By: Stephanie Hawkinson, Affordable Housing Development Manager Item Type: Other Department: Community Development Item Title: Declaration of Restrictive Covenants and Agreement for 4911 77th Street West Action Requested: Approve Declaration of Restrictive Covenants and Agreement for 4911 77th Street West. Information/Background: In 2021 via Resolution 2021-61 the City Council approved the redevelopment plans for 4911 77th Street West, and later approved an Ordinance to amend PUD 17 thus allowing for the development of a market-rate apartment that includes 10% of the units as affordable with rents to not exceed the 50% AMI levels. The required affordability of the units was also memorialized in the Site Improvement Performance Agreement ("SIPA") executed on October 19, 2021. The apartment constructed is called "The Eddi" and has 21 units that are affordable. It received its Certificate of Occupancy on September 16, 2024. Although the owner has agreed to keep the units affordable for 20-years, as the apartment is already constructed there is not a document recorded against it to preserve the affordability. The SIPA is no longer enforceable. Therefore the City has no leverage if the ownership were to change or if the owner were to decide to renege on the agreement. Therefore, the owner and staff have agreed to record a Declaration of Restrictive Covenants and Agreement against the property. This document defines what affordability levels for rent and income, which units must remain affordable, and the term of the affordability period. Council action is required to authorize the Mayor and City Manager to enter into this agreement. Resources/Financial Impacts: There is no budget implication. The Eddi did not receive public financing. Relationship to City Policies: Preserving affordability by recording a Declaration of Restrictive Covenants aligns with the Comprehensive Plan and the New Multifamily Affordable Housing Policy. Budget Pillar: Livable City Better Together Page 192 of 449 Values Impact: Equity Recording a Declaration of Restrictive Covenants against the property helps to secure affordability for 20-years. This helps to serve current and future renters who need an affordable place to live. Supporting Documentation: 1. Declaration of Restrictive Covenants Page 193 of 449 1 237637v5 (reserved for recording) DECLARATION OF RESTRICTIVE COVENANTS AND AGREEMENT THIS DECLARATION OF RESTRICTIVE COVENANTS AND AGREEMENT (the “Agreement”), is made on this _____ day of _________________, 2025, by Edina Apartments, LLC a Minnesota limited liability company (the “Owner”) in favor of the City of Edina, a Minnesota municipal corporation (the “City”). RECITALS WHEREAS, Owner is the fee owner of certain real property located at 4911 77th Street West, Edina, Minnesota, which is legally described on the attached Exhibit A (the “Property”); and WHEREAS, the Property is located in the PUD-17, Planned Unit Development-17 zoning district in the City; and WHEREAS, on October 19, 2021, the City’s city council approved Ordinance No. 2021-10, amending PUD-17, the Planned Unit Development-17 zoning district, to allow the construction of a six-story, 202-unit apartment complex on the Property; and WHEREAS, the amendment to PUD-17 was conditioned upon a requirement that ten percent (10%) of the units to be constructed would qualify as affordable housing under the City’s New Multi-Family Affordable Housing Policy; and WHEREAS, the Owner intends, declares, and covenants that the restrictive covenants set forth herein shall be and are covenants running with the Property for the term described herein and binding upon all subsequent owners of the Property for such term, and are not merely personal covenants of the Owner. NOW, THEREFORE, in consideration of the promises and covenants hereinafter set forth, and of other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Owner agrees as follows: Page 194 of 449 2 237637v5 Section 1. Definitions. In this Agreement, unless a different meaning appears from the context: “Dwelling Unit” means either a for-sale dwelling or a rental dwelling in which a lease is signed prior to occupancy. “Affordable Housing Unit” has the same meaning set forth in Section 4 hereof. “Project” means the Property and improvements on the property owner by Owner containing the associated Dwelling Units and appurtenant facilities. “Property” means the real property described in Exhibit A hereto, together with all improvements and fixtures thereon, upon which the Project will be located. “State” means the State of Minnesota. “Transfer” means the sale, or transfer with the right to exclusive possession of an Affordable Housing Unit. Section 2. Recording and Filing; Covenants to Run with the Land. (a) Upon execution and delivery, the Owner shall cause this Agreement to be recorded and filed with the Registrar of Title’s Office for Hennepin County, and shall pay all fees and charges incurred in connection therewith. Upon recording, the Owner shall immediately transmit to the City an executed original of the recorded Agreement showing the date and document numbers of record, or a duly certified copy of the executed original. (b) The Owner intends, declares, and covenants, on behalf of itself and all future owners, if any, of the Property during the term of this Agreement, that this Agreement and the covenants set forth herein (i) shall be and are covenants running with the Property, encumbering the Property for the term of this Agreement, binding upon the Owner’s successors in title and all subsequent owners of the Property, (ii) are not merely personal covenants of the Owner, and (iii) shall bind the Owner (and the benefits shall inure to the City) and its respective successors and assigns during the term of this Agreement. The Owner hereby agrees that any and all requirements of the laws of the State to be satisfied in order for the provisions of this Agreement to constitute deed restrictions and covenants running with the land shall be deemed to be satisfied in full, and that any requirements or privileges of estate are intended to be satisfied, or in the alternate, that an equitable servitude has been created to ensure that these restrictions run with the land. For the term of this Agreement, each and every contract, deed, or other instrument hereafter executed conveying the Property of portion thereof shall expressly provide that such conveyance is subject to this Agreement; provided, however, that the covenants contained herein shall survive and be effective regardless of whether such contract, deed, or other instrument hereafter executed conveying the Property or portion thereof provides that such conveyance is subject to this Agreement. Section 3. Representations, Covenants and Warranties of the Owner. (a) The Owner is a limited liability company organized under the laws of Minnesota. The Owner is qualified to transact business under the laws of the State, has the power and authority to own Page 195 of 449 3 237637v5 property and assets and to carry on its business as now being conducted, and has the full legal right, power and authority to execute and deliver this agreement. (b) The execution and performance of this Agreement by Owner will not violate, or as applicable have not violated, any provision of law, rule or regulation, or any order of any court or other agency or governmental body, and will not violate, or as applicable, have not violated any provision of any indenture, agreement, mortgage, mortgage note, or other instrument to which the Owner is a party or by which it is bound. (c) The Owner warrants that it has not and will not execute any other agreement with provisions contradictory to, or in opposition to, the provisions hereof, and that in any event, the requirements of this Agreement are paramount and controlling as to the rights and obligations herein set forth and supersede any other requirements in conflict herewith. Section 4. Restrictions on Use. Twenty-one (21) Dwelling Units within the Project (the “Affordable Housing Units”) shall be subject to the following covenants and restrictions: (a) The Affordable Housing Units must be leased at rates considered affordable to certain individuals or households whose gross annual income does not exceed 50% of the area median income, as updated annually by the Minnesota Housing Finance Agency (MHFA) and published at www.mnhousing.gov. (b) The Affordable Housing Units must be occupied by households at or below sixty percent (60%) of the Multi-Family Tax Subsidy Income Limits (MTSP), as updated annually by the United States Department of Housing and Urban Development for the Minneapolis-St. Paul-Bloomington, MN-WI HUD Metro FMR Area and published at https://www.huduser.gov/portal/datasets/mtsp.html. (c) The determination of whether an individual or household meets income requirements shall be made at the time tenancy commences and on an ongoing basis thereafter, determined at least annually. The Owner or its agent, as owner of the Project, must certify tenant income eligibility for Affordable Housing Units and rental rate compliance, by filling out the proper form, attached hereto as Exhibit B, and providing such certification to the City. The Owner will be required to recertify at least annually thereafter. (d) The Affordable Housing Units shall provide the following: a. On-site parking (either surface or enclosed) for Affordable Housing Units and the cost related to parking must be included in the affordable rental rate. At least one enclosed parking space shall be included in the purchase price of a for-sale unit in the same manner offered to buyers of market rate units. b. Residents of Affordable Housing Units must have equal access with market rate residents to all entries, lobbies, elevators, parking, and amenities on the Property. Examples of amenities include storage lockers, balconies, roof decks, outdoor patios, pools, fitness facilities, and similar unit and project features. c. Exterior appearance of Affordable Housing Units shall be visually comparable with market rate units on the Property. Page 196 of 449 4 237637v5 (e) The Affordable Housing Units shall remain affordable for a minimum of twenty (20) years from the date of issuance of the certificate of occupancy for the Project, which was September 16, 2024. (f) Affordable Unit Mix. The Affordable Housing Units shall consist of at least two (2) studio units, fifteen (15) one-bedroom units, and four (4) two bedroom units, and each as specifically identified in the table below The two-bedroom units must be leased to Affordable Units Qualified Tenants consisting of households of at least two members. Any change in the foregoing distribution and below identification of Affordable Housing Units shall require the prior written approval of the Executive Director of the City’s Housing and Redevelopment Authority and City Manager of the City, which such consent will not be unreasonably conditioned, delayed or withheld. Type of Unit Unit No. Floor Studio 307 3 Studio 556 5 1 BR 253 2 1 BR 254 2 1 BR 265 2 1 BR 327 3 1 BR 338 3 1 BR 339 3 1 BR 429 4 1 BR 431 4 1 BR 441 4 1 BR 453 4 1 BR 530 5 1 BR 542 5 1 BR 555 5 1 BR 633 6 1 BR 636 6 2 BR 269 2 2 BR 325 3 2 BR 451 4 2 BR 500 5 (g) Owner, as owner of a multi-family rental housing project, shall accept tenant-based rental housing assistance including but not limited to Section 8 housing choice vouchers, HOME tenant-based assistance and housing support. Tenants with rental assistance may occupy an Affordable Housing Unit with the rent charged not exceeding the maximum allowed by Metropolitan Council’s Housing and Redevelopment Authority HRA or the rental assistance provider. The rent charged may not exceed the maximum allowed by the most restrictive funding source. The Owner is required to adopt business practices that promote fair housing and provide documentation of compliance with these requirements to the city. (h) The Owner shall affirmatively market affordable housing opportunities. The Owner must submit an Affirmative Fair Housing Marketing Plan (AFHMP) to City at least every five years Page 197 of 449 5 237637v5 and a survey and certification regarding AFHMP outcomes annually. The Owner must advertise housing opportunities on HousingLink or another medium acceptable to City concurrent with any other public or private advertising. (i) The mix of one-bedroom and two-bedroom Affordable Housing Units must be approximately proportional to the mix of one-bedroom and two-bedroom market-rate rental units on the Property. Section 5. Future Transfer Restrictions. This Section 5 shall apply in the event that the Project is converted to condominium project as contemplated by Section 6 of this Agreement. Owner covenants and agrees that Owner will cause or require as a condition precedent to any conveyance, transfer, or any other disposition of any Dwelling Units prior to the termination of this Agreement (a “Transfer”) that the transferee of the Dwelling Units pursuant to the Transfer assume in writing, in a form reasonably acceptable to the City, all duties, obligations, terms, and conditions of Owner under this Declaration and under the Affordable Housing Program, including this Section, in the event of a subsequent Transfer by the transferee prior to termination of this Agreement provided herein (the “Assumption Agreement”). Owner will deliver the Assumption Agreement to the City and to the HRA prior to the Transfer. Further, Owner covenants and agrees that it will not Transfer the Dwelling Unit to any transferee that (i) has a history of rental license revocations with the City or (ii) has any current outstanding housing orders with the City. Any transfer in violation of the terms of this section shall be deemed void. Section 6. Conversion to For-Sale Condominiums. If the Project is converted to a building with for-sale condominium units during the term of this Agreement, the Affordable Housing Units shall remain subject to the restrictions set forth in Section 4 hereof to maintain the ability of initial or future owners or, in the case of condominium conversion, buyers to purchase the Affordable Housing Units at affordable prices and shall also be subject to the restrictions of any developed association. Section 7. Fair Housing Policy. Owner shall use affirmative fair housing marketing practices in soliciting renters or buyers, determining eligibility, and concluding all transactions as addressed in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendment Act of 1988, as well as the fair housing protections provided by the Minnesota Human Rights Act, which adds creed, marital status, status with regard to public housing, and sexual orientation. In part, regarding housing issues, Title VIII and the Minnesota Human Rights Act make it unlawful to: (i) discriminate in the selection/acceptance of applicants in the rental of housing units; (ii) discriminate in terms, conditions, or privileges of the rental of a dwelling unit; (iii) engage in any conduct relating to the provision of housing that otherwise makes unavailable or denies the rental of a dwelling unit; (iv) make or publish (or have anyone else make or publish) advertisements that indicate preferences or limitations based on race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, familial status, or sexual orientation; (v) tell a person that because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, familial status, or sexual orientation, a dwelling unit is not available when it is; and (vi) deny access to, or membership or participation in, associations or other service organizations or facilities relating to the business of renting or selling a dwelling or discriminate in the terms or conditions of membership or participation. Page 198 of 449 6 237637v5 Section 8. Term of Agreement. This Agreement and the restrictions specified herein shall commence on the date hereof. This Agreement shall terminate twenty (20) years at 11:59 p.m. on September 15, 2044. Section 9. Enforcement. (a) The Owner acknowledges that the primary purpose for requiring compliance by the Owner with the restrictions provided in this Agreement is to ensure compliance of the Property with the housing affordability covenants set forth in City Code, the City’s New Multi-Family Affordable Housing Policy, and Ordinance No. 2021-10, and by reason thereof, the Owner, hereby agrees and consents that the City shall be entitled, for any breach of the provisions of this Agreement, and in addition to all other remedies provided by law or in equity, to enforce specific performance by the Owner of its obligations under this Agreement in a state court of competent jurisdiction. (b) If the Owner breaches any of its obligations under this Agreement, and the City employs attorneys or incurs other expenses for the enforcement of performance or observance of any obligation or agreement on the part of the Owner under this Agreement, Owner agrees that it shall, within ten (10) days of written demand by City, pay to City the reasonable fees of such attorneys and such other expenses so incurred by the City. Section 10. Miscellaneous. (a) Severability. The invalidity of any clause, part or provision of this Agreement shall not affect the validity of the remaining portions thereof. (b) Notices. Any notice, demand, or other communication under this Agreement shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally to parties at the addresses set forth below: To the Owner: Edina Apartments, LLC 605 Highway 169 N, Suite 1025 Minneapolis, MN 55441 Attn: Charley Owens To the City: City of Edina 4801 W. 50th St. Edina, MN 55424 Attn: Affordable Housing Development Manager or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. (c) Governing Law. This Agreement shall be governed by the laws of the State of Minnesota, without regard to choice of law provisions. (d) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Page 199 of 449 7 237637v5 IN WITNESS WHEREOF, the Owner and City have caused this Agreement to be signed by its duly authorized representatives, as of the day and year first above written. [Remainder of page intentionally left blank] [Signatures contained on the following pages.] Page 200 of 449 8 237637v5 CITY OF EDINA: By: James B. Hovland, Mayor By: Scott H. Neal, City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of ____________, 20___ by _____________ and by_____________, respectively the Mayor and City Manager of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ____________________________________ Notary Public Page 201 of 449 9 237637v5 OWNER EDINA APARTMENTS, LLC By: Its: STATE OF MINNESOTA ) )ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this _____ day of ____________, 20___ by ________________, the ____________ of Edina Apartments, LLC, a Minnesota limited liability company, on behalf of the company. ____________________________________ Notary Public THIS INSTRUMENT DRAFTED BY: CAMPBELL KNUTSON, P.A. Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 Page 202 of 449 237637v5 EXHIBIT A DESCRIPTION OF PROPERTY Lot 3, Block 1, PENTAGON VILLAGE, Hennepin County, Minnesota Page 203 of 449 237637v5 EXHIBIT B CERTIFICATION OF INCOME ELIGIBILITY (example attached) Page 204 of 449 237637v5 Page 205 of 449 d ITEM REPORT Date: November 18, 2025 Item Activity: Approve Meeting: City Council Agenda Number: 6.26 Prepared By: MJ Lamon, Special Projects & Engagement Manager Item Type: Other Department: Administration Item Title: 2026-2027 Commission Work Plans Action Requested: None. Information/Background: Starting in 2026, commission work plans are transitioning to two-year work plans. This year, City Council reviewed proposed work plans from the Planning Commission, the Heritage Preservation Commission, the Transportation Commission, and the Energy & Environment Commission. Following the October 22, 2025, City Council work session, the Administration team conducted a review of the work plans and crafted recommendations. The commissions were encouraged to keep their work plans manageable even though they are transitioning to a two-year plan. Administration reviewed each plan and made recommendations for some changes and will focus on reviewing the more significant recommendations with City Council. Administration made a minimal number of recommended changes to each commission's work plan. The recommended changes are reflected in the field titled "Administration Comments". Resources/Financial Impacts: Reviewing commission work plans ensures proposed initiatives align with available City capacity and resources. Staff liaisons identified whether each initiative has a budget impact and confirmed that a funding source is available, as well as the level of staff support required. These considerations inform staff recommendations to Council, ensuring that both funding and personnel resources are appropriately aligned with proposed work plan activities. Relationship to City Policies: The commission work plan process is integrated into the City’s overall work plan framework, which emphasizes alignment with Council priorities and strategic goals. Budget Pillar: Better Together Values Impact: Engagement The work plan process ensures commissions have structured opportunities to share input and align priorities with the City Council, Page 206 of 449 fostering transparent two-way communication. Equity By using a consistent framework for all commissions, the process ensures that all groups have an equal opportunity to present priorities and that Council consideration is applied equitably across topics. Health The process encourages consideration of the health and well-being impacts of planned activities across commissions. Stewardship Structured work plan process allows Council to review alignment with long-term goals, ensuring thoughtful investment of City resources and minimizing duplication of effort. Sustainability By reviewing work plans through a sustainability lens, the process helps ensure that initiatives align with long-term environmental and climate action plan goals, supporting a future where both the community and the planet thrive. Supporting Documentation: 1. 2026-2027 Proposed Commission Work Plans Page 207 of 449 Page 1 of 2 Planning Commission 2026-2027 Proposed Work Plan 1 Initiative Title: Review Land Use Application Initiative Description: Review land use applications and provide recommendations to Council on CUP, Subdivisions, Site Plans, Rezoning, and Comprehensive Plan amendments. Review and decide on variances. Deliverable: Recommendations to City Council for consideration, and final decisions on variances Targe Completion Date: Ongoing Owner: All Contributors: NA Council Charge: ☐ 1: Review & Comment ☐ 2: Study & Report ☒ 3: Review & Recommend ☐ 4: Review & Decide ☐ 5: Event Budget Required (completed by staff): None required Staff Support Required (completed by staff): Significant staff support required. Staff meet with applicants, prepare reports, public notices and Better Together. Presents recommendations to the Commission for consideration. Liaison Comments: All planning staff contribute. Administration Comments: No changes. Council charge: Review & Recommend 2 Initiative Title: Zoning and Subdivision Ordinance Update Initiative Description: Update the zoning and subdivision ordinances to address issues identified in the Zoning/Subdivision Ordinance Audit report completed in 2024. Specifically, the update will aim to better align the ordinances with the goals and policies of the Comprehensive Plan and small area plans. Consultant will lead the update and draft ordinance revisions for review and recommendation by the Planning Commission. Deliverable: Recommendation to Council with proposed changes to zoning and subdivision ordinances Targe Completion Date: Oct 2026 Owner: Alkire Contributors: Hahneman, Daye Council Charge: ☐ 1: Review & Comment ☐ 2: Study & Report ☒ 3: Review & Recommend ☐ 4: Review & Decide ☐ 5: Event Budget Required (completed by staff): Yes, contract for the consultant has been approved by City Council. Staff Support Required (completed by staff): Significant staff support required. All of the Planning Division will assist. Liaison Comments: All planning staff contribute. Administration Comments: No changes. Council charge: Review & Recommend 3 Initiative Title: 2028 Comprehensive Plan Update Initiative Description: Complete the 2028 Comprehensive Plan Update. Consultant will lead the update beginning in 2027. Deliverable: Recommend updated Comprehensive Plan for city council consideration. Targe Completion Date: Dec 2028 Owner: PC Chair Contributors: All Planning Commissioners Council Charge: ☐ 1: Review & Comment ☐ 2: Study & Report ☒ 3: Review & Recommend ☐ 4: Review & Decide ☐ 5: Event Budget Required (completed by staff): Yes, the city will have to hire a consultant. This item is budgeted via the CIP. Staff Support Required (completed by staff): Significant staff support required. Cross organizational initiative. Liaison Comments: Required by State Law. Goal is to complete the Plan by December 31, 2028. Administration Comments: No changes. Council charge: Review & Recommend = commission = staff Page 208 of 449 Page 2 of 2 4 Initiative Title: Study on the Use of Food Trucks Initiative Description: Study and report on the current impact of the city ordinance governing mobile food units (food trucks), including how the 500-foot restriction interacts with existing restaurants, business vitality, community engagement and activation. The study will provide findings and recommendations for potential updates to an ordinance amendment, with the goal of balancing economic development, neighborhood compatibility, and community activation. Current City Code allows Food Trucks with a taproom, winery, or distillery; or if associated with a specific event. Food trucks are not allowed as a primary use to protect the City’s brick and mortar restaurant businesses. This work plan item is not to amend the ordinance; it is to study the issue and consider if a change is necessary. Deliverable: Report to City Council Targe Completion Date: December 2026 Owner: Q. Smith Contributors: Felt Council Charge: ☐ 1: Review & Comment ☒ 2: Study & Report ☐ 3: Review & Recommend ☐ 4: Review & Decide ☐ 5: Event Budget Required (completed by staff): No. Staff Support Required (completed by staff): Yes. Liaison Comments: Staff will support but would anticipate much of the study work to be done by commissioners. Administration Comments: No changes. The commissioners are responsible for doing the research and crafting a report for City Council. Council charge: Study & Report Page 209 of 449 Page 1 of 1 Heritage Preservation Commission 2026-2027 Proposed Work Plan 1 Initiative Title: Certificate of Appropriateness Applications Initiative Description: Review COA applications when submitted. Deliverable: Review applications and approve/deny COA Targe Completion Date: Ongoing Owner: All Contributors: NA Council Charge: ☐ 1: Review & Comment ☐ 2: Study & Report ☐ 3: Review & Recommend ☒ 4: Review & Decide ☐ 5: Event Budget Required (completed by staff): Budget required for consultant review of the applications. Staff Support Required (completed by staff): Consultant support is required with this work plan item. Consultants review plans prior to meeting with city planner and do a complete review and memo with all COA applications. Liaison Comments: This is a main charge of the HPC Administration Comments: No changes. Council charge: Review & Decide 2 Initiative Title: Edina Heritage Landmarks Initiative Description: Based on owner interest, nominate eligible properties as Edina Heritage Landmarks and add additional properties to the eligible property list. Deliverable: Recommend designation of eligible heritage landmarks and add properties to Edina Landmark list. Targe Completion Date: Ongoing Owner: All Contributors: All Council Charge: ☐ 1: Review & Comment ☐ 2: Study & Report ☒ 3: Review & Recommend ☐ 4: Review & Decide ☐ 5: Event Budget Required (completed by staff): If staff receives request, funds are needed for consultant study. Staff Support Required (completed by staff): Staff coordinates with communications for outreach. Preservation consultant needed for study. Liaison Comments: This is a main charge of the HPC. Administration Comments: No changes. Council charge: Review & Recommend 3 Initiative Title: Heritage Preservation Award Initiative Description: Recruit or submit nominations, select recipient and award. Deliverable: Award selected nomination Targe Completion Date: May 2026 and 2027 Owner: Nickels & Pope Contributors: All Council Charge: ☐ 1: Review & Comment ☐ 2: Study & Report ☐ 3: Review & Recommend ☒ 4: Review & Decide ☐ 5: Event Budget Required (completed by staff): Plaque for winner comes out of Planning budget. Staff Support Required (completed by staff): Staff works with communications on getting the nomination form live and Communications writes an article about the winner and helps with social media. Liaison Comments: The HPC has given out this award every year during May which is “Preservation Month.” 2026 will be the 23rd year of the award. Administration Comments: In 2027, the commission will be tasked with evaluating the Heritage Preservation Award and consider community impact and possible changes or alternatives. The commission will be asked to provide a recommendation to City Council at their joint work session in summer of 2027. Council Charge: Review & Decide = commission = staff Page 210 of 449 Page 1 of 4 Energy & Environment Commission 2026-2027 Proposed Work Plan 1 Initiative Title: Internal Combustion Engine Idling and Air Quality Initiative Description: Study and report on city-led initiatives around internal combustion engine idling and air quality. Deliverable: Internal Combustion Engine Idling and Air Quality Report Targe Completion Date: Q2 2027 Owner: Martinez-Salgado Contributors: Lukens, New Members Council Charge: ☐ 1: Review & Comment ☒ 2: Study & Report ☐ 3: Review & Recommend ☐ 4: Review & Decide ☐ 5: Event Budget Required (completed by staff): No funding is needed for the EEC to complete this initiative. Staff Support Required (completed by staff): Approximately 3-5 hours of Sustainability staff time will be required to connect EEC to peer cities, share resources from USDN and other partners to support research, and review draft report (if needed). Liaison Comments: Staff is supportive. Reducing vehicle idling and the associated greenhouse gas emissions is part of achieving our CAP emission reduction goals. Focus should be on community-facing anti-idling education and initiatives that could be replicated in Edina. Administration Comments: Update title and description to include lawn care equipment like leaf blowers and focus on community vehicles and equipment. Council charge: Study and Report 2 Initiative Title: Education and Outreach to Schools Initiative Description: Build relationships with schools and find pathways to assist them in with messaging climate related topics such as school bus use and organics recycling. Deliverable: Annual updates on status and messaging. Targe Completion Date: Q4 2027 Owner: LaCasse Contributors: Lassig, Tyshow, Haugen Council Charge: ☐ 1: Review & Comment ☐ 2: Study & Report ☐ 3: Review & Recommend ☐ 4: Review & Decide ☒ 5: Event Budget Required (completed by staff): No funding is needed to build relationships. Staff expect schools and clubs to utilize their own funding for material development, printing, and other school messaging channels. Staff Support Required (completed by staff): Limited staff time is needed to support EEC to build relationships and connections. 3-5 hours from Organics Recycling Coordinator will be required to share organics recycling information relevant to schools. 3-5 hours from Sustainability staff will be required to share other related messaging. Liaison Comments: Staff is supportive of building relationships with Edina’s schools to make progress on climate action. EEC should serve in a support role for schools and student groups (e.g., Project Earth) who will lead messaging. Administration Comments: Update description to include “vehicle idling.” Council charge: Review and decide. = commission = staff Page 211 of 449 Page 2 of 4 3 Initiative Title: Organics Outreach Initiative Description: Assist staff to promote organics recycling in multi-family housing. Create a neighborhood to neighborhood contest on volume of organic recycling. Present to neighborhood associations to generate participation. Deliverable: Neighborhood to neighborhood contest. Targe Completion Date: Q4 2027 Owner: Schima Contributors: Bartholomew, Lassig Council Charge: ☐ 1: Review & Comment ☐ 2: Study & Report ☐ 3: Review & Recommend ☐ 4: Review & Decide ☒ 5: Event Budget Required (completed by staff): No budget is needed for the EEC to assist staff in promotion to existing buildings and neighborhoods since materials already exist. Organics Funding is available to support printing materials for neighborhood contest at discretion of the Organics Recycling Coordinator and the final contest structure. Staff Support Required (completed by staff): Engaging the multi-family sector and increasing single-family organics recycling participation is part of the Organics Recycling Coordinator role. For EEC engagement, an additional 3-5 hours from the Organics Recycling Coordinator and 3-5 hours from the GreenCorps member are required to share materials for multi-family promotion and strategy. 10 hours from Organics Recycling Coordinator are required to support EEC’s neighborhood contest creation. EEC should draft detailed proposal for neighborhood contest with information on structure, timeline and material needs for review by Staff to inform additional implementation staff resource needs. Liaison Comments: Staff is supportive. Organics recycling participation needs to increase to meet CAP goals. Staff recommend participation and recognition are based on improving the set-out rate, not volume. Administration Comments: Update description to indicate contest based on set-out rate. Council charge: Review and Decide 4 Initiative Title: Food Security Assessment and Local Food Production Initiative Description: Continuation of work plan item from 2025. Study and report "food security assessment" to determine food insecurity conditions within Edina using existing data and reports across multiple sources. EEC will collaborate with staff and study what other cities are doing, the best practice strategies to increase food security, and opportunities for food rescue. Deliverable: Advisory communication and report summarizing findings Targe Completion Date: Q3 2026 Owner: Bartholomew Contributors: Tessman, Tyshow Council Charge: ☐ 1: Review & Comment ☒ 2: Study & Report ☐ 3: Review & Recommend ☐ 4: Review & Decide ☐ 5: Event Budget Required (completed by staff): No funding is needed for the EEC to complete this initiative. Staff Support Required (completed by staff): 1-3 hours/month from Sustainability staff are available to share resources, connect to peer cities, share GIS data, and discuss best practices for food security assessments. Liaison Comments: Staff is supportive. Deliverable will support achieving CAP local food and agriculture strategies. Staff intend to use the Report information to inform next steps and future grant applications for food security. Administration Comments: No change. Council charge: Study and Report Page 212 of 449 Page 3 of 4 5 Initiative Title: Continuation of Tree Recognition Campaign (TRC) Initiative Description: Continuation of existing annual EEC initiative to recognize and promote Edina’s tree canopy. Deliverable: Tree recognition awards and presentation to Council. Targe Completion Date: Q4 2026, Q4 2027 Owner: Haugen Contributors: Martinez-Salgado Council Charge: ☐ 1: Review & Comment ☐ 2: Study & Report ☐ 3: Review & Recommend ☒ 4: Review & Decide ☐ 5: Event Budget Required (completed by staff): $500 from CAS Funds budgeted for paid media stories (social media ads and promotion), printing costs, and creating engraved wood awards. Staff Support Required (completed by staff): 60 hours of Communications staff time are required each award period to complete tree story interviews, write story copy, create and post social media ads, design and facilitate award creation. Communications staff time estimated based on featuring 5 stories. 3-5 hours of Sustainability staff time are required each award period to review promotional materials, notify selected awardees and coordinate Council presentation and participation. Liaison Comments: Staff is supportive. Tree canopy preservation is a CAP goal and EEC remains engaged in promoting Edina’s valued tree canopy. Administration Comments: No change. Council charge: Review and decide 6 Initiative Title: Continuation of Earth Day Promotion and Tabling Initiative Description: Support existing community Earth Day event(s) with tabling to promote EEC initiatives and priorities, including Electric Vehicles. Deliverable: Event attendance. Targe Completion Date: Q2 2026, Q2 2027 Owner: Tessman Contributors: Bartholomew Council Charge: ☐ 1: Review & Comment ☐ 2: Study & Report ☐ 3: Review & Recommend ☐ 4: Review & Decide ☒ 5: Event Budget Required (completed by staff): $250 of CAS Funds are budgeted each year to support printing for EEC handouts. Branded tabling cloth and signage already exist for EEC tabling. Staff Support Required (completed by staff): 1-2 hours of Sustainability staff time are required to review, update and print EEC handouts for each event. No additional staff time should be required to support EEC’s attendance at an event. If the event requires additional city support, the event should follow the Special Event Permit process. Liaison Comments: Staff supports EEC tabling at community events to promote commission initiatives. EEC will need to confirm that no more than four members are present in their capacity as commissioners at each event to avoid quorum. Administration Comments: No change. Council charge: Event 7 Initiative Title: Continuation of Green Business Outreach Program (GBOP) Initiative Description: Continuation of existing annual EEC initiative to recognize and promote green businesses. Evaluate program and opportunities to improve. Deliverable: GBOP awards. Targe Completion Date: Q2 2026, Q2 2027 Owner: Lukens Contributors: New members Council Charge: ☐ 1: Review & Comment ☐ 2: Study & Report ☐ 3: Review & Recommend Page 213 of 449 Page 4 of 4 ☒ 4: Review & Decide ☐ 5: Event Budget Required (completed by staff): $5,500 from CAS Funds budgeted each award period. Funding to be used for 4 featured business paid media stories (photography, writing, design and advertisement cost for Chamber of Commerce, Edina Magazine, Edition Edina, social media), printing, postage, and window decals. Staff Support Required (completed by staff): 50 hours of Communications staff time are required each award period for business spotlight interviews (photography, writing and ad design for up to 4 features) and press releases. 3-5 hours of Sustainability staff time are required each award period to review promotional materials, update application platform, and notify selected businesses. Liaison Comments: Staff is supportive. EEC should re-evaluate program impact and potential changes before 2026 award period to expand reach, increase participation, and improve impact of recognition program. Administration Comments:. In 2027, the commission will be tasked with evaluating the program and consider community impact and possible changes or alternatives. The commission will be asked to provide a recommendation to City Council at their joint work session in summer of 2027. Parking Lot • Organized Trash Hauling • Transportation related item on reducing vehicle miles traveled (VMT) • 2050 Comprehensive Plan Page 214 of 449 Page 1 of 4 Transportation Commission 2026-2027 Proposed Work Plan 1 Initiative Title: Continued SEMAP Working Group Participation Initiative Description: The Commission will continue to appoint Commissioners to represent the Transportation Commission's perspectives in the Safe and Equitable Mobility Action Plan (SEMAP) working group. This ongoing participation ensures that the Commission provides continuous input as SEMAP progresses, merging the City’s current transportation-related plans (e.g., Safe Routes to School, Living Streets, Pedestrian and Bicycle Master Plan) into one streamlined action plan. Deliverable: Commissioners will actively participate in the SEMAP working group and provide regular updates to the Transportation Commission, ensuring the Commission's perspectives are integrated into the final SEMAP. Targe Completion Date: Q4 2027 Owner: Bildsten, Wright Contributors: - Council Charge: ☒ 1: Review & Comment ☐ 2: Study & Report ☐ 3: Review & Recommend ☐ 4: Review & Decide ☐ 5: Event Budget Required (completed by staff): No budget required beyond staff time Staff Support Required (completed by staff): No additional support required beyond Transportation Planner participation in working group Liaison Comments: Suggested title: “SEMAP Task Force Participation.” The City’s Safe Streets and Roads for All (SS4A) grant requires the Task Force to review implementation progress on an annual basis after the safety action plan is adopted. Administration Comments: Change title to SEMAP Task Force Participation. Council charge: Review and Comment = commission = staff Page 215 of 449 Page 2 of 4 2 Initiative Title: Traffic Safety Standards/Warrants Review and Playbook for decision making and resident communication Initiative Description: The Commission will conduct a critical review of existing design standards and decision-making processes (e.g., for traffic control devices like 2-way vs. 4-way stops) to ensure they effectively meet the lived experience needs of residents and contribute to a safer transportation network. Emphasis on local traffic management policies set by the city - pedestrian crossing, dynamic display speed signs, speed bumps, etc. Deliverables: Decision guide for Council to clarify what is and isn’t within staff/council’s control and provide guidance for situations where warrants can/should be overridden. One-page communication for residents about the process and the available or commonly recommended interventions. Targe Completion Date: Q4 2026 Owner: Rosen, Brown Contributors: Lewis Council Charge: ☐ 1: Review & Comment ☐ 2: Study & Report ☐ 3: Review & Recommend ☒ 4: Review & Decide ☐ 5: Event Budget Required (completed by staff): No budget required beyond staff time Staff Support Required (completed by staff): 2 hours per month from Transportation Planner, 1 hour per month from Traffic Safety Coordinator Liaison Comments: Suggested title: “Traffic Safety Decision Guide.” This initiative supports the Comprehensive Plan goal to “educate all segments of the community regarding transportation-related issues and projects impacting the City.” Administration Comments: Change title to Traffic Safety Decision Guide. Initiative should start with a Study and Report for City Council. The commission should share their findings with the appropriate Engineering staff. Engineering staff’s feedback should be shared with Council when the commission presents their report to Council. Page 216 of 449 Page 3 of 4 3 Initiative Title: Innovative Traffic Calming Solutions and "Toward Zero Deaths" Pilot Program (with Seasonal Adaptations) Initiative Description: Expanding on previous research into quick-build solutions, the Commission will investigate a broader range of innovative and context-sensitive traffic calming measures and roadway design strategies from other municipalities, with a strong emphasis on solutions that align with the "Toward Zero Deaths" (TZD) initiative. Recognizing Edina's cold, snowy environment, the research will specifically explore seasonal adaptations for traffic calming, drawing inspiration from cities like Helsinki, Finland. This includes examining approaches such as temporary summer street transformations to prioritize active transportation, and winter-specific strategies like tailored snow removal practices that inherently encourage slower speeds or dedicated winter cycling infrastructure maintenance. The goal is to identify measures that effectively improve safety for all road users (pedestrians, bicyclists, motorists), reduce cut-through traffic in residential areas, and contribute to Edina's "Living Streets" principles and greenhouse gas reduction goals. The Commission will then propose potential pilot projects for specific areas within Edina, focusing on high-risk locations or areas with documented safety concerns, considering both warm and cold weather applications. Deliverable: A "Best Practices" report on innovative traffic calming and roadway design aligned with TZD principles, including a dedicated section on seasonal solutions and lessons learned from cities like Helsinki. This will be followed by a proposal for 1-2 specific pilot project locations within Edina, detailing the proposed intervention, anticipated benefits (especially safety improvements across seasons), and evaluation metrics. Target Completion Date: Q4 2027 Owner: Olson, Bildsten Contributors: Lassig Council Charge: ☐ 1: Review & Comment ☐ 2: Study & Report ☒ 3: Review & Recommend ☐ 4: Review & Decide ☐ 5: Event Budget Required (completed by staff): No budget required beyond staff time Staff Support Required (completed by staff): 2 hours per month from Transportation Planner Liaison Comments: Suggested title: “Traffic Calming Best Practices.” This initiative supports the Comprehensive Plan goal to “manage, maintain and operate roadways to maximize wherever possible the safety and mobility of all users and all modes.” Administration Comments: Change title to read Traffic Calming Best Practices. Council charge: Review & Recommend Page 217 of 449 Page 4 of 4 4 Initiative Title: Transportation Segment of Comprehensive Plan - current state 2026, begin review and creation of new Comprehensive Plan in 2027. Initiative Description: In preparation for the city’s required review and revision of its comprehensive plan for the Metropolitan Council, the commission will review the transportation section of the existing comprehensive plan in 2026 and note proposed changes. In 2027, the commission will participate in the drafting and revision of the transportation chapter of the comprehensive plan for its next revision. Deliverable: Updated transportation portion of the city’s comprehensive plan Target Completion Date: Q4 2027 Owner: Lewis, Wright, White Contributors: - Council Charge: ☐ 1: Review & Comment ☐ 2: Study & Report ☐ 3: Review & Recommend ☐ 4: Review & Decide ☐ 5: Event Budget Required (completed by staff): No budget required beyond staff time Staff Support Required (completed by staff): 1 hour per month from Transportation Planner Liaison Comments: Suggested title: “2028 Comprehensive Plan Transportation Chapter.” In 2026, the Commission will review the current Transportation Chapter and consider possible revisions. In 2017, the Commission will assist in the drafting of the new Transportation Chapter. Administration Comments: Remove this initiative to allow time for staff to craft a plan around consultant, staff and commission’s involvement in the Comprehensive Plan. • Parking Lot o School transportation o Collaborative development of the city-wide EV charging system implementation plan o Support for city’s railway quiet zone study o France Avenue transit corridor multi-modal improvement assessment Page 218 of 449 d ITEM REPORT Date: November 18, 2025 Item Activity: Approve Meeting: City Council Agenda Number: 6.27 Prepared By: Zoe Johnson, City Management Fellow, MJ Lamon, Special Projects & Engagement Manager, Nate Borwege, Chief Building Official Item Type: Report & Recommendation Department: Administration Item Title: Resolution No. 2025-108: Resolution Designating the State Appeals Board as the City of Edina's Board of Appeals Action Requested: Approve the resolution designating the State Appeals Board as the City of Edina's board of appeals. Information/Background: After staff liaisons began prepping for the unified board/commission work plan item to update each group's city code section, more back-and-forth conversation was had about the reasoning behind having a local board to hear building code appeals as the Construction Board of Appeals has not met since 2015 as this group only meets when building code appeals are submitted to the City. Staff's concerns revolve around the ability to appoint board members with adequate knowledge about the varying aspects of the construction community as well as the spectrum of volunteer engagement depending on the board/commission a volunteer is appointed to (e.g., if a resident is appointed to the Planning Commission, the known expectation is they are meeting twice per month each month, but if a resident is appointed to the Construction Board of Appeals there is no known volunteer ask unless a building code appeal is filed within the community - which hasn't happened since 2015). It is important to note that if the City continues to operate the Construction Board of Appeals, we cannot appoint lay persons to this local board — the qualifications (set forth in Minn. R. 1300.0230, subp. 2) requires that it must be people "who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the affected jurisdiction." After reaching out to local building division staff in 21 cities (who had a population of over 10,000 residents) both within Hennepin County and our benchmark cities that do not fall within Hennepin County, 17 cities responded saying they rely on the State Appeals Board for any appeals that are filed. The City of Minneapolis operates their own local board for hearing building code appeals in the same fashion we do (volunteer residents are appointed to the board), while the cities of Hopkins and Brooklyn Center have designated their City Council as their local board to hear building code appeals. However, upon their response to me, both of the building officials in Hopkins and Brooklyn Center communicated that this is something they would like to change and have the State Appeals Board assume authority as there is no guarantee that the city council's members would have adequate knowledge of the building code and be a representative cross-section of the construction community. Additionally, the City Attorney reached out to a contracted building official who provides services to about thirty different cities in the state of Minnesota, and reported back that he was not aware of any city who operates their own local board of appeals. City staff has performed research by polling cities on their practices, digging into state statute to understand more about requirements for these local boards and reaching out to the state's building official and other Construction Codes and Licensing Division staff from the state's Department of Labor and Industry. After this took place, city staff reached out to the City Attorney to confirm how the City would proceed to delegate authority from the City's local Construction Board of Appeals to Page 219 of 449 the State Appeals Board. Somewhat similar to the delegation of authority and transfer of duties from the City's Board of Appeal & Equalization to the Hennepin County Board of Appeal & Equalization, City Council would approve a resolution (drafted in your packet) that designates the State Appeals Board as the City's board of appeals. As a result of this new designation, and keeping in mind you can only designate one board for these duties, Edina's Construction Board of Appeals would be rendered moot or replaced because the State Appeals Board has been designated in place of the existing local board. Once approved by City Council, city staff will send communication to the current Construction Board of Appeals appointed volunteers to let them know of this change, what it means relative to their appointed membership, thank them for their dedication and service and invite them to apply to a different commission with the City. Staff has drafted the resolution to be fully transparent by formally dissolving the local board (Construction Board of Appeals) within the same resolution to ensure the City is clear and avoiding any confusion regarding how this affects current appointed volunteers to the Construction Board of Appeals and to reiterate that any appeals made within Edina's jurisdiction will be heard by the State Appeals Board. Resources/Financial Impacts: • Budget – While this change was not budgeted, it is not expected to have any budgetary impacts. • Implementation – This would be implemented in conjunction with the administration department and the building division city staff, as well as the City Attorney to ensure proper designation, communication and change in operation as it relates to handling appeals within Edina's jurisdiction would occur. • Operation – Maintenance will fall on city staff of the building division to follow up with the State Appeals Board if there are any appeals within our jurisdiction. Operational impact would mean that the city's Building Official would no longer be responsible for liaising with the local board and the City Council would no longer need to appoint volunteers to the local board given the state board designation. Relationship to City Policies: Commission work plans: CBA doesn't form a work plan like typical commissions, as their sole duty is carved out in state statute to hear appeals related to building code rulings. Supporting Documentation: 1. Resolution No. 2025-108: Resolution Designating the State Appeals Board as the City of Edina's Board of Appeals Page 220 of 449 1 RESOLUTION NO. 2025-108 RESOLUTION DESIGNATING THE STATE APPEALS BOARD AS THE CITY OF EDINA’S BOARD OF APPEALS WHEREAS, Minn. R. 1300.0230 creates the City’s board of appeals; and WHEREAS, Minn. R. 1300.0230 states the board of appeals shall be designated by the governing body; and WHEREAS, Minn. R. 1300.0230 provides that the City’s board of appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the affected jurisdiction; and WHEREAS, currently, the City of Edina’s Construction Board of Appeals acts as the City’s board of appeals; and WHEREAS, through designating the State Appeals Board as the City’s board of appeals effectively means the City of Edina’s Construction Board of Appeals would be rendered moot or replaced as a result of this changed board of appeals designation; and WHEREAS, to maintain transparency, the Edina City Council hereby formally dissolves the City of Edina’s Construction Board of Appeals to ensure there is no confusion in authority and status of the City board of appeals; and NOW, THEREFORE, BE IT RESOLVED, that the Edina City Council hereby designates the Minnesota State Appeals Board as the City’s board of appeals as provided for in Minn. R. 1300.0230. Dated: November 18, 2025 Attest:_________________________ ______________________________ Sharon Allison, City Clerk James B. Hovland, Mayor STATE OF MINNESOTA ) COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of November 18, 2025, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this eighteenth day of November 2025. ___________________________ Sharon Allison, City Clerk Page 221 of 449 d ITEM REPORT Date: November 18, 2025 Item Activity: Approve Meeting: City Council Agenda Number: 7.1 Prepared By: Jennifer Garske, Executive Assistant Item Type: Proclamation Department: Administration Item Title: Proclamation: Recognizing that November 8-15, 2025, was Kindness Week Worldwide Action Requested: Motion adopting the Proclamation recognizing that November 8-15, 2025, was Kindness Week Worldwide. Information/Background: Amy Spangler, Edina resident and cofounder of the nonprofit International Kindness Reset, will be at the meeting to receive the Proclamation and share a few words about acts of kindness in the community. Supporting Documentation: 1. Kindness Week Proclamation 2025 Page 222 of 449 KINDNESS WEEK WORLDWIDE November 8-15, 2025 WHEREAS, kindness is a universal expression that brings out the best in others and ourselves, with overwhelmingly positive implications for health, well-being and peace; and WHEREAS, kindness is the heartbeat of the world that, like a life vest, keeps us afloat and helps us to stay connected to others, which reduces feelings of anxiety, depression and isolation; and WHEREAS, thinking about kindness and behaving kindly has powerfully positive impacts on our happiness, optimism and self-worth by building a stronger sense of community and care; and WHEREAS, kindness begins within, and self-kindness reminds us to extend the same patience, compassion and care to ourselves that we so readily offer to others; and WHEREAS, acts of kindness inspire others to “pay it forward” in meaningful ways causing unstoppable positive ripple effects that can be felt throughout entire communities; and WHEREAS, kindness is humanity's greatest asset. Kindness is a choice that should be intentionally encouraged, recognized, rewarded and celebrated to achieve more of it in the great city of Edina, Minnesota. NOW, THEREFORE, in conjunction with World Kindness Day, the City Council of the City of Edina hereby recognizes that the week of November 8-15, 2025, was KINDNESS WEEK WORLDWIDE in collaboration with International Kindness Reset. During this time, individuals, families, schools, businesses, faith-based and service organizations and all community constituents and ecosystems are encouraged to personify the theme “See the Good. Be the Good. Go the Extra Mile” for kindness in various ways limited only by the bounds of the imagination and creativity. Through this proclamation and broad community call to action, we are challenged to perform kind acts, big and small, and subsequently “pay it forward” for the collective betterment of one another and for the greater good. Dated this 18th day of November 2025. _________________________________ James Hovland, Mayor Page 223 of 449 d ITEM REPORT Date: November 18, 2025 Item Activity: Approve Meeting: City Council Agenda Number: 7.2 Prepared By: Bill Neuendorf, Economic Dev Mgr Item Type: Proclamation Department: Community Development Item Title: Proclamation: Small Business Saturday in Edina Action Requested: Adopt proclamation declaring November 29th, 2025 Small Business Saturday. Information/Background: This proclamation recognizes the hundreds of small businesses located in Edina by proclaiming the Saturday after Thanksgiving as "Small Business Saturday". By means of this proclamation, the City urges residents and guests to support small businesses and merchants located in each of Edina's commercial districts on this day and throughout the year. Resources/Financial Impacts: None Relationship to City Policies: None Budget Pillar: Livable City Values Impact: Engagement City encourages community to get involved and patronize local brick and mortar businesses. Supporting Documentation: 1. 2025 Small Business Saturday Proclamation Page 224 of 449 PROCLAMATION SMALL BUSINESS SATURDAY NOVEMBER 29, 2025 WHEREAS, there are more than 2,400 businesses located in the City of Edina and according to the United States Census, over 96% of firms with paid employees in Hennepin County are classified as small businesses; and WHEREAS, small businesses are located in each of Edina’s commercial districts including: 44th & France, 50th & France, 70th & Cahill, Cahill Business/Industrial Park; Grandview, Lincoln Drive, Greater Southdale, Pentagon Park, Washington Avenue and Wooddale/Valleyview; and WHEREAS, according to the United States Small Business Administration (SBA), small businesses account for two- thirds of the nation’s employment growth; and WHEREAS, 79% of consumers surveyed in the 2021 Consumer Insights Survey understand the importance of supporting small businesses located in the community; and WHEREAS, for many local residents the Thanksgiving holiday kicks off a season of gathering, dining, shopping, and experiencing arts and culture, and consumers know that supporting small, independently-owned businesses have positive social, economic, and environmental impacts; and WHEREAS, the SBA as well as other public and private organizations across the county recognize and promote the Saturday after Thanksgiving as Small Business Saturday; and WHEREAS, the City of Edina celebrates our local small businesses and recognizes the vital contributions these businesses make to the local economy and to the overall health and vibrancy of the community. NOW, THEREFORE BE IT RESOLVED, that the Edina City Council does hereby proclaim, November 29, 2025, as SMALL BUSINESS SATURDAY in the City of Edina and urges the residents and guests of our community to support small businesses and merchants located in each of Edina’s commercial districts on this day and throughout the year. Dated this 18th day of November 2025. _____________________________ James B. Hovland, Mayor Page 225 of 449 d ITEM REPORT Date: November 18, 2025 Item Activity: Information Meeting: City Council Agenda Number: 7.3 Prepared By: Joseph Abood, General Manager Braemar Golf Course Item Type: Other Department: Parks & Recreation Item Title: Minnesota Golf Association Member Golf Club of the Year Award Presentation to Braemar Golf Course Action Requested: None, informational only. Information/Background: Jon Mays, Executive Director of the Minnesota Golf Association, will present Braemar Golf Course with the Minnesota Golf Association Member Golf Club of the Year Award. Resources/Financial Impacts: None Relationship to City Policies: None Supporting Documentation: None Page 226 of 449 d ITEM REPORT Date: November 18, 2025 Item Activity: Information Meeting: City Council Agenda Number: 7.4 Prepared By: Scott Neal, City Manager Item Type: Other Department: Administration Item Title: Edina Education Fund Presentation on Charitable Gambling Action Requested: No action. Information only. Information/Background: Kathy Rendleman, Executive Director of the Edina Education Fund, will present to Council on opportunities for charitable gambling for athletics and academics at Edina Schools. Supporting Documentation: 1. Edina Athletic Boosters and Education Fund Charitable Gambling Presentation Page 227 of 449 USING CHARITABLE GAMING TO PROVIDE FUNDING FOR EDINA PUBLIC SCHOOLS: ACADEMICS and ATHLETICS November 2025 Page 228 of 449 EDINA PUBLIC SCHOOLS ARE A DRIVING FORCE FOR THE COMMUNITY •The 10 EPS buildings are home to over 8,700 students, 5,600 families and 1,600 staff members each year. •Edina Public Schools is the second largest employer in Edina (second to M Health Fairview) •Edina Education Fund and Edina Athletic Boosters provide support to all students and staff across all 10 buildings, every classroom, all clubs, all activities, and every school affiliated sport. Page 229 of 449 NEED FOR PARTNERS - Edina Education Fund Since 1995, Edina Education Fund has granted over $8,800,000 to Edina Public Schools Programming: •Literacy - professional development for teachers, curriculum materials, tutor centers •STEAM - Innovative projects in STEM, fabrication labs, fine arts programs, curriculum enhancements •Mental Health and Wellness - co-located mental health services in all 10 EPS buildings, scholarships for underinsured and uninsured students to make sure mental health services are accessible to all, staff wellness initiatives Services: •Fiscal Sponsorship, PTO Partnerships, EHS Senior Scholarships, Edina Alumni Association Page 230 of 449 NEED FOR PARTNERS - Edina Athletic Boosters •$1,738,726 donated to athletics since 2002. •Edina Athletic Boosters funds all of Edina High School’s basic needs for all sports serving hundreds of athletes in 34 sports across Edina Public Schools (nearly $100k annually). •Funds mental health support for athletes and professional development for coaches. •Funds major expenditures not covered in Edina School budgets (Eg Scoreboards, weight room renovations/upgrades, gymnastics floor) •Proud to have supported 209 State Championship Titles Page 231 of 449 CHARITABLE GAMING IS A TOOL USED BY OVER 1,100 NON-PROFITS IN MINNESOTA TO FUND COMMUNITY-BUILDING ACTIVITIES •Activities and facilities for youth under age 21 •Scholarship funds •Programs to relieve the effects of poverty, homelessness, or disability •Education, prevention, or treatment programs for problem gambling •Nutritional programs, food shelves, and congregate dining programs primarily for persons age 62 or older or disabled •Community arts organizations or sponsorship of community arts programs that are free and open to the public Page 232 of 449 MINNESOTA IS THE LARGEST CHARITABLE GAMING STATE IN THE U.S. •Gross receipts: $2.3 billion in fiscal 2024 •Net receipts (after prizes): $712 million •Tax contributions: $193 million in 2023 Page 233 of 449 PULLTABS ARE THE PRIMARY DRIVER OF REVENUE •Pull tabs: 96.0% •Bingo:3.1% •Other 0.8% includes raffles, paddlewheels, and tipboards: Page 234 of 449 CITIES IN THE METRO AREA WHERE PULLTABS ARE NOT PLAYED EDINA Page 235 of 449 COMMUNITY SPORTS ASSOCIATIONS ARE SOME OF THE LARGEST CHARITABLE GAMING ORGANIZATIONS ORGANIZATION RANK GROSS RECEIPTS NET RECEIPTS Centennial Youth Hockey Association 2 $46,703,544 $5,198,044 White Bear Lake Hockey Association 3 $39,674,943 $6,103,758 St. Cloud Youth Hockey Association 6 $32,343,207 $4,939,196 Eagan Hockey Association 9 $30,964,051 $3,711,372 Rogers Youth Hockey Association 10 $31,442,797 $3,995,981 Cottage Grove Athletic Association 13 $29,925,691 $3,796,234 Anoka Area Ice Arena Association 16 $28,913,669 $3,488,742 Apple Valley Hockey Association 18 $27,347,435 $3,439,779 West St. Paul Warriors 19 $26,677,274 $3,662,979 Andover Youth Hockey Association 20 $26,325,647 $3,738,282 Source: FY2024 MN Lawful (Charitable) Gambling Organization Annual Report Summary Page 236 of 449 INCLUDING MOST OF EDINA’S RIVALS CENTENNIAL $5.1 MILLON WHITE BEAR LAKE $6.1 MILLON EAGAN $5.4 MILLION LAKEVILLE $3.6 MILLION OSSEO/MAPLE GROVE $2.9 MILLON HOPKINS $2.6 MILLON ST. LOUIS PARK $1.3 MILIONMINNETONKA $366K EDEN PRAIRIE $493K BUFFALO $1.7 MILLION STMA $2.6 MILLION BLOOMINGTON $1.8 MILLION FY 2024 SPORTS ORGANIZATIONS NET CHARITABLE GAMING RECEIPTS BLAINE $4.1 MILLON APPLE VALLEY $3.4 MILLION BURNSVILLE $3.1 MILLION SHAKOPEE $1 MILLION ROSEVILLE $2.4 MILLON ST. PAUL $3.6 MILLON Source: FY2024 MN Lawful (Charitable) Gambling Organization Annual Report Summary Page 237 of 449 EDINA HAS A RESTRICTIVE ORDINANCE •Sec. 6-66. Permit restrictions: •No more than two permits shall be issued to any one organization in a calendar year and there shall be at least seven days between the specified date in the permits for the operation or conduct of lawful gambling. •Each permit shall allow lawful gambling only on the premises described in and for the dates specified in the permit. •Each permit shall be issued for a maximum of three consecutive days. •While this ordinance does not explicitly prohibit pull tabs, it makes it unrealistic to implement. Page 238 of 449 MINNETONKA ADOPTED AN ORDINANCE IN 2024 Minnetonka City Council adopted an ordinance that repealed and replaced Section 605 of the City Code, authorizing and regulating lawful gambling within the city. This change allows charitable gambling activities to take place in liquor-licensed establishments, subject to specific conditions: •Nonprofit organizations must be located within Minnetonka or within school district boundaries that include Minnetonka. •Organizations are required to allocate up to 10% of their net gaming profits for lawful purposes specified by the city. •They must either meet within the city or have at least one-third of their membership residing within the defined trade area. •A minimum of 70% of gross profits must be spent within the defined trade area. Page 239 of 449 WAYZATA AMENDED ITS ORDINANCE IN 2024 Wayzata City Council unanimously approved Ordinance 835, which amended Chapter 716 of the Wayzata City Code to expand permitted locations for charitable gambling, specifically pull-tabs. •Increased Permitted Locations: The amendment allowed for a second charitable gambling license within the city. (Previously, only one license was held by the Wayzata Lions Club, operating at the Wayzata Bar & Grill.) •New Licensee: The Wayzata American Legion Post 118 was granted the second license, enabling them to conduct pull-tab operations at their establishment. •Revenue Sharing Commitment: The American Legion expressed intent to contribute a portion of their proceeds back to the city, estimating annual donations between $25,000 and $30,000. Page 240 of 449 POSSIBLE SOLUTIONS 1.Provide an exemption to the ordinance for Edina Public Schools facilitated by two mission-aligned non-profits: 1.Edina Education Fund 2.Edina Athletic Booster Club 2.Repeal and replace the ordinance authorizing and regulating lawful gambling within the city. Page 241 of 449 WE HAVE INTERESTED VENUES PENDING APPROVAL •Charitable gaming supports local business: •Increased customer traffic •Additional revenue streams •Portion of gross profits through lease agreements or bar percentage splits (as allowed by state law) •Community goodwill and brand loyalty Page 242 of 449 AN OPPORTUNITY FOR THE CITY OF EDINA •Our intent is to support Edina Public Schools, but we’d be remiss to not share the opportunity for the City of Edina •Local Tax Revenue: Minnesota law permits cities to impose a tax of up to 3% on an organization's gambling receipts to cover regulatory costs. •In 2016, 27 cities collected approximately $916,379 through this tax. Page 243 of 449 CHARITABLE GAMING IS A WIN FOR ALL STAKEHOLDERS •Edina Public Schools: receive much needed funding for education and athletics via grants and contributions from Edina Education Fund and Edina Athletic Booster Club •City of Edina: potential tax revenue •Edina businesses: incremental revenue opportunity •Edina residents: improved school system without incremental taxes Page 244 of 449 d ITEM REPORT Date: November 18, 2025 Item Activity: Approve Meeting: City Council Agenda Number: 8.1 Prepared By: Cary Teague, Community Development Director Item Type: Public Hearing Department: Community Development Item Title: PUBLIC HEARING: Resolution No. 2025- 107, Subdivision for 7235 France Avenue Action Requested: Close the public at noon on November 23rd and continue action to the December 2nd City Council meeting. Information/Background: Enclave Company is proposing to Subdivide/Re-Plat the property at 7235 France Avenue into three lots. The proposed three-lot Plat was approved by the City Council as part of the Rezoning of the site in 2024; however, the approval of the Plat has expired, as it was not filed at Hennepin County. Edina City Code requires Plats to be filed at Hennepin County within one year following City Council approval. The Site Plan approvals for the development have not expired; they are good for two years. Better Together Public Input Resources/Financial Impacts: Relationship to City Policies: Supporting Documentation: 1. Planning Commission Staff Report 2. Site Location, Comp. Plan & Zoning 3. Final Plat (Subdivision) 4. Approved Site Plan 5. Staff Presentation to Planning Commission 10-29-25 6. Resolution No. 2025-107: Approving a Subdivision (Preliminary and Final Plat) for 7235 France Ave Page 245 of 449 October 29, 2025 PLANNING COMMISSION Cary Teague, Community Development Director Subdivision, 7235 France Avenue Information / Background: Enclave Companies are proposing to Subdivide/Re-Plat the property at 7235 France Avenue into three lots. The proposed three lot Plat was approved by the City Council as part of the Rezoning of the site in 2024; however, the approval of the Plat has expired, as it was not filed at Hennepin County. Edina City Code requires Plats to be filed at Hennepin County within one year following City Council approval. The Site Plan approvals for the development have not expired; they are good for two years. ➢ Subdivision to re-plat the property into three lots (Preliminary and Final Plat) SUPPORTING INFORMATION Surrounding Land Uses Northerly: 71 France; Retail/apartments Mixed Use Development Project; zoned PUD, Planned Unit Development and guided CAC, Community Activity Center. Easterly: The Promenade and York Plaza Apartments; zoned PRD-4, Planned Residential District and guided Greater Southdale District Residential. Southerly: Pinstripes and Parking Ramp; zoned MDD-6, Mixed Development District 6 and guided CAC, Community Activity Center. Westerly: Vacant Site (7200-7250 France); zoned PUD, Planned Unit Development and guided OR, Office Residential. Existing Site Features The subject property is 7.97 acres in size and contains an existing furniture store and a large, underutilized surface parking lot. Page 246 of 449 STAFF REPORT Page 2 Planning Guide Plan designation: CAC, Community Activity Center. Zoning: PUD-25, Planned Unit Development Park Dedication The applicant is proposing to divide the parcel into three lots. There is no minimum lot size in the PCD-3 Zoning District. As mentioned, this same plat was approved as part of the Rezoning of the property to PUD in 2024. The City is authorized by statute to collect park dedication fees to support the additional demand for parks created by new development when property is subdivided. The City has studied this demand and concluded that new projects generally create additional park demand of approximately $7,1000 per buildable acre (43,560 square feet) of retail and office and $5,000 per unit for residential. As calculated in the 2024 approval of this plat; there would be no dedication for the office/retail square footage as there currently is an 89,782 square foot building on the site that would be removed and 89,342 square feet of retail added. For the residential dedication, $2,860,000.00 is required based on the number of residential units approved for the site. Staff has reviewed this individual project and believes this project will generate similar types and quantities of new demand as assumed in the City’s study. Staff does not believe there needs to be any adjustment made to the amount of park dedication fees. These fees would be due at the time of building permit, based on the number of units within the building. Staff Recommendation Recommend that the City Council approve the proposed three lot subdivision (Preliminary and Final Plat). Approval is subject to the following condition: 1. Park dedication fee in the amount of $5,000 per unit ($2,860,000.00, based on the number of units approved for the site) shall be due prior to issuance of the building permits. Deadline for a City decision – December 16, 2025. Page 247 of 449 The CITY of EDINA EdinaMN.gov 2 Site Page 248 of 449 The CITY of EDINA EdinaMN.gov 3 Site Page 249 of 449 The CITY of EDINA EdinaMN.gov 4 Site Page 250 of 449 GALLAGHER FRANCE R.T. DOC. NO. Page 251 of 449 1 BLOCK 1 2 3 N89°48'06"E 770.66 S15°55'48"W 527.03S89°54'37"W 610.00 S0°11'54"E 1.60N0°11'54"W 506.70S89°54'37"W 14.25 GALLAGHER FRANCE LEGEND R.T. DOC. NO. Page 252 of 449 File Location: N:\2023\23192_7235 France Avenue South\_WORKING\AUTOCAD\SHEETS\23192 L100 Layout Plan / SAVE DATE: 9/3/2024 2:28 PM BY: jcoryell / PLOT DATE: 9/4/2024 9:12 AM BY: Jake Coryell LANDSCAPE ARCHITECTCONFLUENCEwww.thinkconfluence.com901 North Third Street, Suite 225Minneapolis, MN 55401612.333.3702CONSULTANT ROLECONSULTANT FIRM NAMECONSULTANT ADDRESSCONSULTANT ADDRESSXXX.XXX.XXXXPRELIMINARYNOT FORCONSTRUCTIONNo. DateDescription0104/26/2024PUD SUBMISSION02 07/26/2024 LANDUSE APPLICATION SUBMISSIONRevision ScheduleProject NumberIssueDate23192000002024-09-03COPYRIGHT © 2024 BY CONFLUENCEENCLAVE MIXED-USE DEVELOPMENT ON FRANCE EDINA, MN 55435 CONSULTANT ROLECONSULTANT FIRM NAMECONSULTANT ADDRESSCONSULTANT ADDRESSXXX.XXX.XXXXCONSULTANT ROLECONSULTANT FIRM NAMECONSULTANT ADDRESSCONSULTANT ADDRESSXXX.XXX.XXXXCONSULTANT ROLECONSULTANT FIRM NAMECONSULTANT ADDRESSCONSULTANT ADDRESSXXX.XXX.XXXXMC Y K THE LINE SHOWN ABOVE ISEXACTLY ONE INCH LONG AT THISSHEET'S ORIGINAL PAGE SIZETHE SQUARES ABOVE ARE COLOR,WITH BLACK AND WHITE LETTERS,IF PRINTED CORRECTLY1 234ABCDOVERALL PLANINTENT RENDERINGLS200OVERALL PLAN INTENT RENDERING 1LS200Page 253 of 449 FRANCE AVE UPUPUPLARGE VEHICLETEMPORARY PARKING LARGE VEHICLE TEMPORARY PARKING FIRE ACCESS LANE (18'x150')FIRE A C C E S S R O A D T U R N A R O U N DFIRE ACCESS LANEFIRE ACCESS LANE (18'x150')XXX XXXFRANCE AVE. S (COUNTY RD. NO. 17)RIM=857.78INV=RIM=854.02INV=21064857.00TC21000857.61TC B21065857.10TC PC21001857.13GU B21002856.88GU21003857.31TC21068857.10TC21004856.76TC21005856.28GU21006855.88GU21071857.17TC PT21007856.34TC21072856.67GU PC21008855.92TC21073856.77GU21009855.47GU21083857.48GU21019855.42GU PC21084857.91TC21020855.88TC PC21085857.32TC21021855.88TC21086856.83GU21022855.43GU21087856.41GU E21023855.35GU PT21024855.83TC PT21025855.48TC21026855.10GU21028855.06GU21029855.64TC21030855.65TC21041855.82TC E21042855.35GU E21043857.06WAT B21044856.94WAT21045856.64WAT21046856.34WAT21047856.22WAT21048856.08WAT E21049856.66TC B21050856.19GU B21051856.15GU21052856.62TC21053856.46TC21054855.99GU21055855.83GU21056856.30TC21057856.19TC21058855.61GU21059855.63GU21060856.20TC21061856.60TC21062856.14GU21063856.53GU21074856.80GU PT21075856.83GU PC21076857.19TC PC21077857.21TC21078856.84GU21079856.95GU21080857.32TC21081857.48TC PT21082857.08GU PT21088856.85TC E129861.64SGT150'18'01LS21201LS21301LS21101LS214LANDSCAPEBERMINGDOG RUN ENTRYFile Location: N:\2023\23192_7235 France Avenue South\_WORKING\AUTOCAD\SHEETS\23192 L100 Layout Plan / SAVE DATE: 9/3/2024 2:28 PM BY: jcoryell / PLOT DATE: 9/4/2024 6:44 AM BY: Jake Coryell LANDSCAPE ARCHITECTCONFLUENCEwww.thinkconfluence.com901 North Third Street, Suite 225Minneapolis, MN 55401612.333.3702CONSULTANT ROLECONSULTANT FIRM NAMECONSULTANT ADDRESSCONSULTANT ADDRESSXXX.XXX.XXXXPRELIMINARYNOT FORCONSTRUCTIONNo. DateDescription01 04/26/2024PUD SUBMISSION0207/26/2024 LANDUSE APPLICATION SUBMISSIONRevision ScheduleProject NumberIssueDate23192000002024-09-03COPYRIGHT © 2024 BY CONFLUENCEENCLAVE MIXED-USE DEVELOPMENT ON FRANCE EDINA, MN 55435 CONSULTANT ROLECONSULTANT FIRM NAMECONSULTANT ADDRESSCONSULTANT ADDRESSXXX.XXX.XXXXCONSULTANT ROLECONSULTANT FIRM NAMECONSULTANT ADDRESSCONSULTANT ADDRESSXXX.XXX.XXXXCONSULTANT ROLECONSULTANT FIRM NAMECONSULTANT ADDRESSCONSULTANT ADDRESSXXX.XXX.XXXXMC Y K THE LINE SHOWN ABOVE ISEXACTLY ONE INCH LONG AT THISSHEET'S ORIGINAL PAGE SIZETHE SQUARES ABOVE ARE COLOR,WITH BLACK AND WHITE LETTERS,IF PRINTED CORRECTLY1 234ABCDOVERALL SITELAYOUTREFERENCE PLANLS21030'60'15'0'OVERALL SITE LAYOUT REFERENCE PLAN1LS210Page 254 of 449 The CITY ofEDINA Subdivision – 7235 France Avenue (Macy’s Furniture Store Site) Page 255 of 449 The CITY ofEDINA EdinaMN.gov 2 Site Page 256 of 449 The CITY ofEDINA EdinaMN.gov 3Page 257 of 449 The CITY ofEDINA EdinaMN.gov 4Page 258 of 449 The CITY ofEDINA EdinaMN.gov 5 Site Page 259 of 449 The CITY ofEDINA EdinaMN.gov 6 Site Page 260 of 449 RESOLUTION NO. 2025-107 APPROVING A SUBDIVISION (PRELIMINARY AND FINAL PLAT) FOR 7235 FRANCE AVENUE BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: Section 1. BACKGROUND. 1.02 Enclave Companies are proposing to Subdivide/Re-Plat the property at 7235 France Avenue into three lots. The proposed three lot Plat was approved by the City Council as part of the Rezoning of the site in 2024; however, the approval of the Plat has expired, as it was not filed at Hennepin County. Edina City Code requires Plats to be filed at Hennepin County within one year following City Council approval. The Site Plan approvals for the development have not expired; they are good for two years. 1.02 The following described tract of land is requested to be divided: Lots 3, Block 7 Yorktown, Hennepin, Minnesota. 1.03 To accommodate the request the following is required: ➢ A Subdivision (Preliminary and Final Plat). 1.04 On October 29, 2025, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. The Planning Commission unanimously recommended approval of the Preliminary Plat. 1.06 On November 18, 2025, the City Council held a public hearing on the proposed subdivision. Section 2. FINDINGS 2.01 Approval is based on the following findings: 1. The proposed subdivision meets the City’s lot size standards; therefore, the applicant is entitled to the request. 2. The proposed three lot Plat was approved by the City Council as part of the Rezoning of the site in 2024; however, the approval of the Plat has expired, as it was not filed at Hennepin County. Edina City Code requires Plats to be filed at Hennepin County within one year following City Council approval. Page 261 of 449 RESOLUTION NO. 2025-107 Page 2 Section 3. APPROVAL NOW THEREFORE, it is hereby resolved by the City Council of the City of Edina, approval of the proposed subdivision (Preliminary and Final Plat) of 7235 France Avenue. Approval is subject to the following condition: 1. Park dedication fee in the amount of $5,000 per unit ($2,860,000.00, based on the number of units approved for the site) shall be due prior to issuance of the building permits. Adopted by the City Council of the City of Edina, Minnesota, on December 2, 2025. ATTEST: Sharon Allison, City Clerk James B. Hovland, Mayor STATE OF MINNESOTA ) COUNTY OF HENNEPIN )SS CITY OF EDINA ) Page 262 of 449 RESOLUTION NO. 2025-107 Page 3 CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of December 2, 2025, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this ____ day of __________________, 2025. _________________________________ Sharon Allison, City Clerk Page 263 of 449 d ITEM REPORT Date: November 18, 2025 Item Activity: Approve Meeting: City Council Agenda Number: 8.2 Prepared By: Pa Thao, Finance Director Item Type: Resolution Department: Finance Item Title: PUBLIC HEARING: Resolution No. 2025-103: Approving the Issuance of Revenue Refunding Bonds by City of Oakdale, MN for the benefit of Ebenezer York Assisted Living, LLC Action Requested: Approve Resolution No. 2025-103 authorizing the issuance of revenue bonds by the City of Oakdale, MN for the benefit of Ebenezer York Assisted Living, LLC. Information/Background: Ebenezer York Assisted Living, LLC, whose sole member is Ebenezer Society, a Minnesota nonprofit, and Oak Meadows, a Minnesota nonprofit corporation (collectively, the “Borrowers”) have requested that the City of Oakdale (“Oakdale”) issue conduit revenue obligations (the “Bonds”), under Minnesota Statutes, Chapter 462C, and Minnesota Statutes, Sections 471.59 and 471.656 (together, the “Act”), as amended, to finance improvements to and refinance the cost of the acquisition, construction and equipping of the senior living, assisted living and memory care facilities located at 8131 Fourth Street North, Oakdale, Minnesota known as Oak Meadows and the senior living, assisted living and memory care facility located at 3451 Parklawn Avenue, Edina, Minnesota known as York Gardens. The improvements to the York Gardens facility consist of deferred maintenance and upgrades rather than any additional square footage or major construction. The Bonds will be issued by Oakdale in an estimated amount not to exceed $25,000,000 with $14,000,000 allocable to York Gardens. Even though the Bonds will be issued by Oakdale, the Act and federal tax law requires that the City of Edina (“Edina”) hold a public hearing and adopt a resolution approving the issuance of the Bonds and approving a housing program for the project because York Gardens is located in Edina. The Hennepin County Housing and Redevelopment Authority previously issued conduit revenue bonds for the York Garden facility in 2015. If issued, the Bonds will be special, limited revenue obligations of Oakdale, payable solely from revenues expressly pledged for their payment, specifically loan payments made by the Borrowers to Oakdale under a Loan Agreement. The Bonds will not constitute a general or moral obligation of Oakdale or Edina, nor will they be secured by the taxing powers, assets, or property of either city. The Bonds will not affect the credit rating or debt limit of Oakdale or Edina, and bondholders will have no recourse against the property, assets, or taxing authority of either city, even in the event of a default by the Borrowers. Section 147(f) of the Internal Revenue Code of 1986, as amended, requires that each municipality in which facilities to be financed by the Bonds are located must approve the issuance of the Bonds following a public hearing, essentially granting host approval to the project. Page 264 of 449 Resources/Financial Impacts: There is no budget impact associated with this request. These Bonds are payable solely from revenues of Centurion and do not present an obligation of the City. Since this is a host approval, the request does not impact the City’s bank qualification status. Relationship to City Policies: None Budget Pillar: Better Together Livable City Values Impact: Stewardship The City granting host approval allows York Gardens (a 501c3 organization) to invest in needed long-lasting improvements to their facility, ensuring that they are able to serve elderly residents in the capacity the residents need for many years to come. Engagement Granting host approval demonstrates the City’s commitment to collaboration with entities whose projects are in Edina. By actively participating in initiatives that occur within City boundaries, Edina fosters a sense of belonging and shared responsibility for the spaces and services that serve its residents. Supporting Documentation: 1. Resolution No. 2025-103 Approving the Issuance of Revenue Refunding Bonds by City of Oakdale, MN for the benefit of Ebenezer York Assisted Living, LLC 2. Joint Powers Agreement between City of Oakdale and City of Edina 3. Multifamily Rental Housing Program of the City of Edina - York Gardens and Oak Meadows 4. Multifamily Rental Housing Program of the City of Oakdale - Ebenezer Obligated Group Project Page 265 of 449 4931-3626-3029.3 Extract of Minutes of a Meeting of the City Council of the City of Edina, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Edina, Minnesota, was duly held at the City Hall in said City on Tuesday, the 18th day of November, 2025, at 7:00 P.M. The following members were present: and the following were absent: Member ___________ introduced the following resolution and moved its adoption: RESOLUTION NO. 2025-103 RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE OF A HOUSING AND HEALTH CARE FACILITIES REVENUE REFUNDING BONDS UNDER MINNESOTA STATUTES 462C, APPROVING A HOUSING PROGRAM, AND AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT UNDER MINNESOTA STATUTES 462C (EBENEZER OBLIGATED GROUP) The motion for the adoption of the foregoing resolution was duly seconded by member ______________, and after full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Page 266 of 449 2 4931-3626-3029.3 RESOLUTION NO. 2025-103 GIVING HOST APPROVAL TO THE ISSUANCE OF A HOUSING AND HEALTH CARE FACILITIES REVENUE REFUNDING BONDS UNDER MINNESOTA STATUTES 462C, APPROVING A HOUSING PROGRAM, AND AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT UNDER MINNESOTA STATUTES 462C (EBENEZER OBLIGATED GROUP) WHEREAS, the City of Edina, Minnesota (the “Edina”) is a statutory city and political subdivision organized and existing under the Constitution and laws of the State of Minnesota; WHEREAS, Minnesota Statutes, Chapter 462C, as amended (the “Act”), gives municipalities the power to issue revenue obligations for the purpose of financing or refinancing the cost of housing for the elderly and disabled and to enter into agreements necessary or convenient in the exercise of powers granted by the Act; WHEREAS, Minnesota Statutes, Section 471.656, as amended, authorizes a municipality to issue obligations to finance the acquisition or improvement of property located outside of the corporate boundaries of such municipality if the obligations are issued under a joint powers agreement between the municipality issuing the obligations and the municipality in which the property to be acquired or improved is located. Pursuant to Minnesota Statutes, Section 471.59, as amended, by the terms of a joint powers agreement entered into through action of their governing bodies, two or more municipalities may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they may be exercised and the joint powers agreement may provide for the exercise of such powers by one or more of the participating governmental units on behalf of the other participating units; WHEREAS, Ebenezer York Assisted Living, LLC, a Delaware limited liability company, whose sole member is Ebenezer Society, a Minnesota nonprofit corporation and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (“Ebenezer York Assisted Living”), and Oak Meadows, a Minnesota nonprofit corporation and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (“Oak Meadows” and, together with Ebenezer York Assisted Living, the “Borrowers”), have proposed to (i) refund (a) the outstanding loan which funded the acquisition, construction and equipping of a senior living, assisted living and memory care facility located at 8131 Fourth Street North, Oakdale, Minnesota (the “Oak Meadows Facility”), and (b) the outstanding loan which refinanced a senior living, assisted living and memory care facility located at 3451 Parklawn Avenue in the City (the “York Gardens Facility” and together with the Oak Meadows Facility, the “Facilities”); (ii) fund certain capital improvements to the Facilities; (iii) fund one or more reserve funds to secure the timely payment of the Bonds, if necessary; and (iv) pay costs of issuance for the Bonds (collectively, the “Project”); WHEREAS, the Borrowers will be the owners and operators of the Project; Page 267 of 449 3 4931-3626-3029.3 WHEREAS, in order to better leverage public funding by creating project cost efficiencies, the Borrowers have proposed that Oakdale undertake a housing finance program (the “Housing Program”) to finance the Project pursuant to the Act through the issuance by Oakdale of its Housing and Health Care Facilities Revenue Refunding Bonds in one or more series in a principal amount not to exceed $25,000,000, approximately $14,000,000 of which will be used for the York Gardens Facility which is the Edina portion of the Project (the “Bonds”); WHEREAS, the Bonds will be payable solely from revenues of the Borrowers, and will not be a general or moral obligation of Edina, Oakdale, or any other political subdivision of the State of Minnesota, but will be payable solely from revenues of the Borrowers, to the extent and in the manner provided in the documents executed in connection with the issuance of the Bonds; WHEREAS, pursuant to a resolution adopted on November 10, 2025, Oakdale has preliminarily approved the issuance of the Bonds to finance the Project, including the Edina portion; WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), requires that an applicable elected representative of each governmental unit in which facilities to be financed by the Bonds are located must approve the issuance of the Bonds following a public hearing; WHEREAS, pursuant to the Act, Minnesota Statutes, Sections 471.59 and 471.656, as amended, and Section 147(f) of the Code, a duly noticed public hearing on the Housing Program, the Project and the proposed issuance of the Bonds by Oakdale was held by the City Council of Edina this same date, following duly published notice, at which time all persons who desired to speak were heard; WHEREAS, there has been presented to the City Council of Edina the form of a Joint Powers Agreement anticipated to be executed upon issuance of the Bonds between Edina and Oakdale (the “Joint Powers Agreement”); WHEREAS, the Borrowers’ proposal calls for Oakdale to loan the proceeds realized upon the issuance and delivery of the Bonds to the Borrowers pursuant to a loan agreement wherein the Borrowers will be obligated to pay all costs and expenses of Edina incident to the issuance of the Bonds; and WHEREAS, Edina desires to facilitate the preservation of housing facilities and health care services for the elderly and disabled within Minnesota and the efficient use of limited resources available for funding housing; and the Project will assist Edina in achieving these objectives. BE IT RESOLVED, by the City Council (the “Council”) of the City of Edina, Minnesota (the “City”) as follows: 1. The City Council finds that it is in the best interest of Edina to approve the issuance of the Bonds by Oakdale to finance, in part, the Project and hereby consents to the issuance of the Bonds by Oakdale for the purposes set forth above. The Housing Program is hereby approved. Page 268 of 449 4 4931-3626-3029.3 2. Upon payment by the Borrowers of any expenses, costs, and applicable fees charged by Edina, if any, Edina hereby consents to and approves the issuance of the Bonds by Oakdale to finance the Project. 3. The Joint Powers Agreement is approved in substantially the form submitted. Edina hereby authorizes and directs the Mayor and the City Clerk of Edina to execute and deliver the Joint Powers Agreement with such omissions and insertions as do not materially change the substance thereof, or as the Mayor and the City Clerk, in their discretion, shall determine, and the execution thereof by the Mayor and the City Clerk shall be conclusive evidence of such determination. The Mayor and City Clerk are authorized and directed to execute any additional documents deemed necessary to carry out the intentions of this resolution and to complete the financing described herein, so long as Edina staff and legal counsel approve such documents. 4. In no event shall the Bonds ever be payable from or charged upon any funds of Edina; nor shall Edina be subject to any liability thereon; no owners of the Bonds shall ever have the right to compel the exercise of the taxing power of Edina to pay any of the Bonds or the interest thereon, nor to enforce payment thereof against any property of Edina; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of Edina; and the Bonds do not constitute an indebtedness of Edina within the meaning of any constitutional or statutory limitation. The City Clerk, staff and legal counsel are authorized and directed to take all necessary action to implement this Resolution. 5. The Borrowers have agreed and it is hereby determined that any and all costs incurred by Edina in connection with the financing of the Project will be paid by the Borrowers, whether or not the Project is carried to completion and whether or not Oakdale issues the Bonds. 6. The City Council hereby gives the host approval required under Section 147(f) of the Code and, pursuant to Minnesota Statutes, Section 471.656, Subd. 2(2), the City Council hereby consents to the issuance of the Bonds by Oakdale. Adopted by the City Council of the City of Edina, Minnesota, this 18th day of November, 2025. _____________________________ Mayor ATTEST: ____________________________ City Clerk Page 269 of 449 5 4931-3626-3029.3 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF EDINA I, the undersigned, being the duly qualified and acting City Clerk of the City of Edina, 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 of said City duly called and held on the date therein indicated, insofar as such minutes relate to granting host approval to the issuance of a revenue bonds for a project in the City. WITNESS my hand this ____ day of ________________, 2025. _______________________________ City Clerk Page 270 of 449 4912-9044-8245.4 JOINT POWERS AGREEMENT EBENEZER OBLIGATED GROUP THIS JOINT POWERS AGREEMENT (this “Agreement”) is entered into as of the ______ day of ________, 2025, between the CITY OF OAKDALE, MINNESOTA, a statutory city and political subdivision duly organized under the laws of the State of Minnesota (“Oakdale”) and the CITY OF EDINA, MINNESOTA, a statutory city and political subdivision duly organized under the laws of the State of Minnesota (“Edina”). Oakdale and Edina are collectively, the “Parties,” or each individually, a “Party”. WHEREAS, Minnesota Statutes, Section 471.59, as amended (the “Joint Powers Act”), provides that two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties, and may provide for the exercise of such power by one of the participating governmental units; and WHEREAS, in connection with revenue bonds issued under Minnesota Statutes, Chapter 462C, as amended (the “Act”), Section 462C.14, Subd. 3 provides for joint action between cities pursuant to the Joint Powers Act; and WHEREAS, Ebenezer York Assisted Living, LLC, a Delaware limited liability company, whose sole member is Ebenezer Society, a Minnesota nonprofit corporation (“Ebenezer York Assisted Living”), and Oak Meadows, a Minnesota nonprofit corporation (“Oak Meadows” and, together with Ebenezer York Assisted Living, the “Borrowers”), have proposed that Oakdale issue one or more series of conduit revenue obligations pursuant to the Act in an amount not to exceed $25,000,000 (the “2025 Bonds”) to (i) refund the outstanding (a) loan which funded the acquisition, construction and equipping of a senior living, assisted living and memory care facility located at 8131 Fourth Street North, Oakdale, Minnesota (the “Oak Meadows Facility”) and (b) the loan which refinanced a senior living, assisted living and memory care facility located at 3451 Parklawn Avenue, Edina, Minnesota (the “York Gardens Facility” and together with the Oak Meadows Facility, the “Facilities”); (ii) fund certain capital improvements to the Facilities of the Borrowers (the “2025 Project”); (iii) fund one or more reserve funds to secure the timely payment of the 2025 Bonds, if necessary; and (iv) pay the costs of issuing the 2025 Bonds; and WHEREAS, the 2025 Bonds and any future revenue obligations issued by Oakdale to refinance the 2025 Bonds shall be referred to as the “Bonds”; and WHEREAS, Minnesota Statutes, Section 471.656, as amended, provides a city may issue obligations to finance the acquisition or improvement of property located outside of the corporate boundaries of such city if the obligations are issued under a joint powers agreement in which one or more of the parties to the joint powers agreement issues such obligations and the property is located entirely within the boundaries of one or more of the parties to the joint powers agreement. Pursuant to Minnesota Statutes, Section 471.59, as amended, by the terms of a joint powers agreement entered into through action of their governing bodies, two cities may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they may be Page 271 of 449 2 4912-9044-8245.4 exercised. The joint powers agreement may provide for the exercise of such powers by one or more of the participating governmental units on behalf of the other participating units; and WHEREAS, the Parties are authorized by the Act, to issue revenue obligations to finance multifamily rental housing developments and joint housing and healthcare facilities; and WHEREAS, Oakdale and Edina are proposing to enter into this Joint Powers Agreement pursuant to which Edina will consent to the issuance of such revenue obligations and the financing of the 2025 Project by Oakdale, and Oakdale will agree to issue such revenue obligations to finance the 2025 Project. NOW, THEREFORE, Oakdale and Edina hereby agree as follows: 1. The revenue obligations (the “Bonds”) proposed to be issued by Oakdale for the benefit of the Borrowers shall not constitute general or moral obligations of, or pledge the full faith and credit or taxing powers of, Edina, Oakdale, the State of Minnesota, or any other agency or political subdivision thereof, but shall be payable solely from the revenues pledged and assigned thereto pursuant to one or more agreements between the Oakdale and the Borrowers. 2. The Parties have each previously (i) conducted a public hearing with respect to the 2025 Project and the issuance of the 2025 Bonds, (ii) approved a housing finance program related to the Bonds in accordance with the Act, (iii) approved the issuance of the 2025 Bonds as required under the Code; and (iv) adopted a resolution approving this Joint Powers Agreement and authorizing its execution and delivery. 3. Edina hereby consents to and approves: (a) the issuance of the 2025 Bonds by Oakdale; and (b) the financing of the York Gardens Facility by Oakdale with the proceeds of the 2025 Bonds as part of the 2025 Project. 4. Oakdale shall exercise the powers of the Joint Powers Act and the Act by adopting, approving, and executing such resolutions, documents, and agreements as shall be necessary or convenient to authorize, issue, and sell the Bonds and such other resolutions, documents, and agreements as shall be necessary or required in connection with the issuance of the Bonds and giving effect to or carrying out the provisions of this Agreement and documents under which the Bonds are issued and/or secured. 5. The Bonds shall be special, limited obligations of Oakdale, payable solely from proceeds, revenues, and other amounts pledged thereto and more fully described in the Loan Agreement between Oakdale and the Borrowers, dated on or after December 1, 2025 (the “Loan Agreement”). In no event shall the Bonds ever be payable from or charged upon the general credit, taxing powers, or any funds of the Parties; the Parties are not subject to any liability thereon; no owners of the Bonds shall ever have the right to compel the exercise of the taxing power of the Parties to pay any of the Bonds or the interest thereon, nor to enforce payment thereof against any property of the Parties; the Bonds shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the Parties; and the Bonds do not constitute an indebtedness of the Parties within the meaning of any constitutional or statutory limitation. Page 272 of 449 3 4912-9044-8245.4 6. Pursuant to the Loan Agreement, Oakdale will require that, as a condition to issuing the Bonds, the Borrowers shall pay all fees and costs of the Parties then due and all costs incurred by the Parties in the authorization, execution, delivery, and performance of this Joint Powers Agreement and all related transactions. 7. This Agreement shall terminate upon the retirement or defeasance of the last of the outstanding Bonds, and this Agreement may not be terminated in advance of such retirement or defeasance. 8. This Agreement may be executed in counterparts, each of which shall be an original, but such counterparts shall together constitute but one and the same instrument. 9. The parties agree that the electronic signature of a party to this Agreement shall be as valid as an original signature of such party and shall be effective to bind such party to this Agreement. For purposes hereof: (a) “electronic signature” means a manually signed original signature that is then transmitted by electronic means; and (b) “transmitted by electronic means” means sent in the form of a facsimile or sent via the internet as a portable document format (“pdf”) or other replicating image attached to an electronic mail or internet message. Page 273 of 449 S-1 4912-9044-8245.4 IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on its behalf by its duly authorized officers, all as of the day and year first above written. CITY OF OAKDALE, MINNESOTA By________________________________ Mayor By________________________________ City Administrator Signature page to Joint Powers Agreement Page 274 of 449 S-2 4912-9044-8245.4 CITY OF EDINA, MINNESOTA By________________________________ Mayor By________________________________ City Clerk Signature page to Joint Powers Agreement Page 275 of 449 4930-0889-2278.1 MULTIFAMILY RENTAL HOUSING PROGRAM OF THE CITY OF EDINA, MINNESOTA (EBENEZER OBLIGATED GROUP – YORK GARDENS AND OAK MEADOWS PROJECT) Adopted November 18, 2025 Proposal; Authority. Pursuant to Minnesota Statutes, Chapter 462C (the “Housing Act”), the City of Edina, Minnesota (“Edina”) is authorized to develop and administer programs to finance multifamily housing projects such as the project described herein (the “Program”) under the circumstances and within the limitations set forth in the Housing Act. Section 462C.07 of the Housing Act provides that such programs for multifamily housing developments may be financed by bonds, notes or similar revenue obligations (the “Bonds”) issued by a city, if located within the corporate boundaries thereof or under a joint powers agreement with a jurisdiction in which the development is located. Pursuant to Minnesota Statutes, Section 471.59, as amended, by the terms of a joint powers agreement entered into through action of their governing bodies, two or more cities may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they may be exercised. Purposes. In creating this Program, Edina is acting in furtherance of the findings of the City of Oakdale, Minnesota (“Oakdale”) and Edina (collectively, the “Cities”) that the preservation of the quality of life in the Cities is, in part, dependent upon the maintenance and provision of adequate, decent, safe, sanitary, and affordable housing stock to and for the benefit of elderly and disabled persons residing and expected to reside within the Cities; that accomplishing the goals of this Program is a public purpose and will benefit the residents of the Cities; that the need exists within the Cities to provide in a timely fashion additional affordable rental housing to and for the benefit of persons residing and expected to reside within the Cities; that there exist or are expected to exist persons within the Cities who are and will be able to benefit from and are in need of the Program; that the Program is necessary in view of the limited resources that may be available to such persons relative to the expenses involved in accomplishing the type of objectives outlined in this Program in the absence of one or more of the forms of assistance described herein or otherwise available pursuant to the Act; and that the Cities find that such forms of assistance are often necessary for the benefit of such persons and goals and that, furthermore, the successful implementation of the objectives of the kind described in this Program has been found to provide impetus for the development of other housing in the Cities, as well as the general development of the Cities, by other persons who are not the beneficiaries of such governmentally sponsored or assisted activities. Rental Housing Purposes. More particularly, Edina finds that there exists a need for senior housing facilities for elderly persons, due to a variety of factors, including that the cost of improving and maintaining multifamily rental units may in many cases prove economically unfeasible, given the high costs of construction and prevailing area rental levels, and that therefore appropriate levels of public assistance may be helpful and necessary in bridging that gap. General Description of the Program. This Program relates to the (i) refunding of the outstanding (a) loan which refinanced a senior living, assisted living and memory care facility located at 3451 Parklawn Avenue in Edina (the “York Gardens Facility”), and (b) loan which funded the acquisition, construction and equipping of a senior living, assisted living and memory care facility located at 8131 Fourth Street North in Oakdale (the “Oak Meadows Facility” and together with the York Garden Facility, the “Facilities”); (ii) funding certain capital improvements to the Facilities; (iii) funding one or more reserve funds to secure the timely payment of the Bonds, if necessary; and (iv) paying costs of issuance for the Bonds (collectively, the “Project”). The Facilities will be owned by Ebenezer York Assisted Living, LLC, Page 276 of 449 4930-0889-2278.1 2 a Delaware limited liability company, whose sole member is Ebenezer Society, a Minnesota nonprofit corporation and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (“Ebenezer York Assisted Living”), and Oak Meadows, a Minnesota nonprofit corporation and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (“Oak Meadows” and, together with Ebenezer York Assisted Living, the “Borrowers”). Oak Meadows and the sole member of Ebenezer York Assisted Living are nonprofit corporations and organizations described in Section 501(c)(3), and consequently, no income limits apply to the Project under federal law. The Project will be restricted to elderly and disabled residents, and consequently, no income limits apply under state law. Location. This Program is limited to the Project. The Project is located at 3451 Parklawn Avenue in Edina and 8131 Fourth Street North in Oakdale. Consent of the Host Cities. Oakdale is authorized and empowered, pursuant to the Act, with the consent and authorization of Edina, to carry out the public purposes described in the Act to finance, in whole or in part, the portion of the Project located in Edina. At the request of the Borrowers, Edina and Oakdale expect to enter into a joint powers agreement (collectively the “Joint Powers Agreement”) in accordance with the provisions and conditions of Minnesota Statutes, Sections 471.59 and 471.656, as amended. Under the terms of the Joint Powers Agreement, Edina will consent to the issuance of revenue bonds by Oakdale to finance the Housing Project and approve this Housing Program. Revenue Bonds. The maximum amount of revenue Bonds issued or to be issued by Oakdale to finance the Program is approximately $25,000,000. It is anticipated that the Bonds will have a maturity of approximately 30 years or less. It is expected that the Bonds will bear interest at a fixed or variable rate or rates consistent with the market at the time of issuance. The Bonds may be structured so as to take advantage of whatever means are available or necessary and are permitted by law to enhance the security for and marketability of the Bonds. The Bonds are expected to be issued in the fourth calendar quarter of 2025. The Project will be operated as a multifamily housing development within the meaning of Minnesota Statutes, Section 462C.05, Subd. 1. The costs of the Project and the Program undertaken to finance the Project, including specifically the costs to the Cities, will be paid or reimbursed by the Borrowers. Housing Plan. Oakdale will apply its Comprehensive Plan as the housing plan relating to Oakdale portion of the Project and apply the Comprehensive Plan of Edina as the housing plan relating to the Edina portion of the Project. Monitoring. It is believed the oversight exercised by the trustee and certain other parties will be adequate to ensure the Housing Program as presented is in fact carried out. The Facilities must be operated by the Borrowers in accordance with various operating covenants (relating to such things as maintenance, insurance, etc.) to be contained in the loan agreement(s) and related documents to be entered into by Oakdale, the Borrowers and certain other parties, which loan agreement(s) and related documents will be assigned by Oakdale, to the extent of Oakdale’s interests, to the trustee bank as security for the bondholders. The Borrowers will construct improvements the Facilities in compliance with all applicable development restrictions, and all improvements of the buildings is subject to applicable state and local building codes. The Borrowers will be required to operate the Facilities in accordance with state and local anti- discrimination laws and ordinances. Page 277 of 449 4930-0889-2278.1 3 Meeting Needs; Methods. The Program will help meet the need for ongoing availability of senior housing facilities in Oakdale and Edina. Edina believes that this Program will help meet the identified needs under this Program. The specific methods anticipated to be used include the issuance of revenue bonds under the Housing Act to provide feasible financing for various aspects of the Program so undertaken. Oakdale or its agent will monitor the implementation of this Program pursuant to its loan agreement for the Project. Authorization. The Program is undertaken pursuant to the Housing Act and is consistent with the Comprehensive Plans of the Cities. Page 278 of 449 AK110-181-954852.v2 4928-5532-5301.2 MULTIFAMILY RENTAL HOUSING PROGRAM OF THE CITY OF OAKDALE, MINNESOTA (EBENEZER OBLIGATED GROUP PROJECT) Adopted November 10, 2025 Proposal; Authority. Pursuant to Minnesota Statutes, Chapter 462C (the “Housing Act”), the City of Oakdale, Minnesota (“Oakdale”) is authorized to develop and administer programs to finance multifamily housing projects such as the project described herein (the “Program”) under the circumstances and within the limitations set forth in the Housing Act. Section 462C.07 of the Housing Act provides that such programs for multifamily housing developments may be financed by bonds, notes or similar revenue obligations (the “Bonds”) issued by a city, if located within the corporate boundaries thereof or under a joint powers agreement with a jurisdiction in which the development is located. Pursuant to Minnesota Statutes, Section 471.59, as amended, by the terms of a joint powers agreement entered into through action of their governing bodies, two or more cities may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they may be exercised. Purposes. In creating this Program, Oakdale is acting in furtherance of the findings of the City of Edina, Minnesota (“Edina”) and Oakdale (collectively, the “Cities”) that the preservation of the quality of life in the Cities is, in part, dependent upon the maintenance and provision of adequate, decent, safe, sanitary, and affordable housing stock to and for the benefit of elderly and disabled persons residing and expected to reside within the Cities; that accomplishing the goals of this Program is a public purpose and will benefit the residents of the Cities; that the need exists within the Cities to provide in a timely fashion additional affordable rental housing to and for the benefit of persons residing and expected to reside within the Cities; that there exist or are expected to exist persons within the Cities who are and will be able to benefit from and are in need of the Program; that the Program is necessary in view of the limited resources that may be available to such persons relative to the expenses involved in accomplishing the type of objectives outlined in this Program in the absence of one or more of the forms of assistance described herein or otherwise available pursuant to the Act; and that the Cities find that such forms of assistance are often necessary for the benefit of such persons and goals and that, furthermore, the successful implementation of the objectives of the kind described in this Program has been found to provide impetus for the development of other housing in the Cities, as well as the general development of the Cities, by other persons who are not the beneficiaries of such governmentally sponsored or assisted activities. Rental Housing Purposes. More particularly, Oakdale finds that there exists a need for senior housing facilities for elderly persons, due to a variety of factors, including that the cost of improving and maintaining multifamily rental units may in many cases prove economically unfeasible, given the high costs of construction and prevailing area rental levels, and that therefore appropriate levels of public assistance may be helpful and necessary in bridging that gap. General Description of the Program. This Program relates to the (i) refunding of the outstanding (a) loan which funded the acquisition, construction and equipping of a senior living, assisted living and memory care facility located at 8131 Fourth Street North in Oakdale (the “Oak Meadows Facility”), and (b) loan which refinanced a senior living, assisted living and memory care facility located at 3451 Parklawn Avenue in Edina (the “York Gardens Facility” and together with the Oak Meadows Facility, the “Facilities”); (ii) funding certain capital improvements to the Facilities; (iii) funding one or more reserve funds to secure the timely payment of the Bonds, if necessary; and (iv) paying costs of issuance for the Bonds (collectively, the “Project”). The Facilities will be owned by Ebenezer York Assisted Living, LLC, Page 279 of 449 4928-5532-5301.2 2 a Delaware limited liability company, whose sole member is Ebenezer Society, a Minnesota nonprofit corporation and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (“Ebenezer York Assisted Living”), and Oak Meadows, a Minnesota nonprofit corporation and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (“Oak Meadows” and, together with Ebenezer York Assisted Living, the “Borrowers”). Oak Meadows and the sole member of Ebenezer York Assisted Living are nonprofit corporations and organizations described in Section 501(c)(3), and consequently, no income limits apply to the Project under federal law. The Project will be restricted to elderly and disabled residents, and consequently, no income limits apply under state law. Location. This Program is limited to the Project. The Project is located at 3451 Parklawn Avenue in Edina and 8131 Fourth Street North in Oakdale. Consent of the Host Cities. Oakdale is authorized and empowered, pursuant to the Act, with the consent and authorization of Edina, to carry out the public purposes described in the Act to finance, in whole or in part, the portion of the Project located in Edina. At the request of the Borrowers, Oakdale and Edina expect to enter into a joint powers agreement (collectively the “Joint Powers Agreement”) in accordance with the provisions and conditions of Minnesota Statutes, Sections 471.59 and 471.656, as amended. Under the terms of the Joint Powers Agreement, Edina will consent to the issuance of revenue bonds by Oakdale to finance the Housing Project and approve this Housing Program. Revenue Bonds. The maximum amount of revenue Bonds issued or to be issued by Oakdale to finance the Program is approximately $25,000,000. It is anticipated that the Bonds will have a maturity of approximately 30 years or less. It is expected that the Bonds will bear interest at a fixed or variable rate or rates consistent with the market at the time of issuance. The Bonds may be structured so as to take advantage of whatever means are available or necessary and are permitted by law to enhance the security for and marketability of the Bonds. The Bonds are expected to be issued in the fourth calendar quarter of 2025. The Project will be operated as a multifamily housing development within the meaning of Minnesota Statutes, Section 462C.05, Subd. 1. The costs of the Project and the Program undertaken to finance the Project, including specifically the costs to the Cities, will be paid or reimbursed by the Borrowers. Housing Plan. Oakdale will apply its Comprehensive Plan as the housing plan relating to Oakdale portion of the Project and adopts the Comprehensive Plan of Edina as the housing plan relating to the Edina portion of the Project. Monitoring. It is believed the oversight exercised by the trustee and certain other parties will be adequate to ensure the Housing Program as presented is in fact carried out. The Facilities must be operated by the Borrowers in accordance with various operating covenants (relating to such things as maintenance, insurance, etc.) to be contained in the loan agreement(s) and related documents to be entered into by Oakdale, the Borrowers and certain other parties, which loan agreement(s) and related documents will be assigned by Oakdale, to the extent of Oakdale’s interests, to the trustee bank as security for the bondholders. The Borrowers will construct improvements the Facilities in compliance with all applicable development restrictions, and all improvements of the buildings is subject to applicable state and local building codes. The Borrowers will be required to operate the Facilities in accordance with state and local anti- discrimination laws and ordinances. Page 280 of 449 4928-5532-5301.2 3 Meeting Needs; Methods. The Program will help meet the need for ongoing availability of senior housing facilities in Oakdale and Edina. Oakdale believes that this Program will help meet the identified needs under this Program. The specific methods anticipated to be used include the issuance of revenue bonds under the Housing Act to provide feasible financing for various aspects of the Program so undertaken. Oakdale or its agent will monitor the implementation of this Program pursuant to its loan agreement for the Project. Authorization. The Program is undertaken pursuant to the Housing Act and is consistent with the Comprehensive Plans of the Cities. Page 281 of 449 RESOLUTION NO. 2025-111 ACCEPTING DONATIONS ON BEHALF OF THE CITY OF EDINA WHEREAS, Minnesota Statute 465.03 allows cities to accept grants and donations of real or personal property for the benefit of its citizens; WHEREAS, said donations must be accepted via a resolution of the Council adopted by a two thirds majority of its members. NOW, THEREFORE, BE IT RESOLVED, that the Edina City Council accepts with sincere appreciation the following listed grants and donations on behalf of its citizens. Edina Art Center • Mrs. John F. Farrell $50.00 Monica Sullivan Memorial • Janet Stevens $50.00 Monica Sullivan Memorial • Michael Thomas $100.00 Monica Sullivan Memorial • Priscilla Barott $40.00 Monica Sullivan Memorial • John & Carol Ann Clay $100.00 Monica Sullivan Memorial Dated: November 18, 2025 Attest: Sharon Allison, City Clerk James B. Hovland, Mayor STATE OF MINNESOTA ) COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of November 18, 2025, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this _______ day of ___________________, 2025. ___________________________ Sharon Allison, City Clerk Page 282 of 449 d ITEM REPORT Date: November 18, 2025 Item Activity: Discussion Meeting: City Council Agenda Number: 9.2 Prepared By: Cary Teague, Community Development Director Item Type: Report & Recommendation Department: Community Development Item Title: Sketch Plan Review: 5780 Lincoln Drive (Kwik Trip) Action Requested: No action requested. Provide the applicant non-binding feedback on a potential future land use application. Information/Background: The City Council is asked to consider a sketch plan proposal to tear down the existing 22,846 square foot office building 5780 Lincoln Drive and build a 9,176 square foot Kwik Trip, with 10 fueling stations. There would be no car wash. The desired hours of operation is 24 hours per day. To accommodate this request the following would be required: • A Rezoning from PID, Planned Industrial District to PCD-4, Planned Commercial District 4. Principle Uses allowed in the PCD-4 Zoning District include Gas Stations. • Site Plan Review. • Multiple Variances: Lot Size Variance, Drive Aisle/Parking Space Setbacks, Parking Setback from Building, Parking Spaces, Patio Location, Building Transparency and Ceiling Height. (See Compliance Table on page 3 of this staff report.) Resources/Financial Impacts: None Relationship to City Policies: None Supporting Documentation: 1. Staff Presentation at Planning Commission 2. Planning Commission Staff Report - November 12, 2025 3. Narrative, Site Plan and Building Examples 4. Site Location, Zoning & Comp. Plan 5. Lincoln and Londonderry Small Area Plan Page 283 of 449 EdinaMN.gov 5780 Lincoln Drive – Kwik Trip Sketch Plane Page Style Page 284 of 449 Zoning Map & Site Location Site Location Page 285 of 449 Land Use Map & Site Location Site Location Page 286 of 449 Sites Guided NN with Gas Station or Auto Repair 2 Sites Former Site 1 Site Page 287 of 449 Land Use Description for Neighborhood Node Page 288 of 449 Proposed Site Plan Page 289 of 449 Example Building Renderings Page 290 of 449 Zoning Ordinance Compliance Table Page 291 of 449 Staff Report Date: November 12, 2025 To: Planning Commission From: Cary Teague, Community Development Director Subject: Sketch Plan Review – 5780 Lincoln Drive (Kwik Trip) Staff Recommendation: No recommendation. The Planning Commission is asked to provide non- binding comment and direction on a potential future development request. Areas of focus should be on the appropriateness of the land use of this site considering the small area plan, the rezoning of the site and the potential variances. Information/Background: The Planning Commission is asked to consider a sketch plan proposal to tear down the existing 22,846 square foot office building 5780 Lincoln Drive and build a 9,176 square foot Kwik Trip, with 10 fueling stations. There would be no car wash. The desired hours of operation is 24 hours per day. To accommodate this request the following would be required: ➢ A Rezoning from PID, Planned Industrial District to PCD-4, Planned Commercial District 4. Principle Uses allowed in the PCD-4 Zoning District include Gas Stations. ➢ Site Plan Review. ➢ Multiple Variances: Lot Size Variance, Drive Aisle/Parking Space Setbacks, Parking Setback from Building, Parking Spaces, Patio Location, Building Transparency and Ceiling Height. (See Compliance Table on page 3 of this staff report.) Issues/Considerations: Comprehensive Plan. Per the recent Small Area Plan (SAP) for the Lincoln and Londonderry area, this site is guided NN, Neighborhood Node. The SAP recommends this site for Commercial/Retail. Page 25 of the SAP recommends the following: “Full Recommendation: Attract neighborhood scale commercial/retail development, similar to the existing Londonderry shops by rezoning the two parcels northwest of the Lincoln and Londonderry intersection.” “The property just north of Londonderry Road, currently zoned as PID (Planned Industrial District), has attracted significant development interest in recent years due to the potential for sale by its current owner. This parcel presents a unique opportunity to align future development with the community’s goals and needs. To encourage a development pattern that reflects community support, it is recommended that this property, along with the adjacent parcel to the north, be rezoned to allow for retail and commercial uses, similar in scale and character to the Londonderry Page 292 of 449 Shops development. This approach would create space for small restaurants, grocery stores, and other community-serving businesses, enhancing access to services and addressing the desires expressed during community engagement.” (See attached Lincoln and Londonderry Small Area Plan) Categories Description, Land Uses Development Character and Guidelines Density and Intensity NN Neighborhood Node*** Current examples: • 44th & France • 70th & Cahill • Valley View & Wooddale • Lincoln & Londonderry In general, small-to moderate-scale commercial, residential or mixed-use buildings serving primarily the adjacent neighborhood(s). Primary uses encouraged are neighborhood-serving retail and services, offices, studios, institutional and residential. Within Lincoln & Londonderry, limited industrial is also a primary use. Building footprints generally less than 20,000 sq. ft. (or less for individual storefronts). Parking is less prominent than pedestrian features. Encourage underground parking (for comparatively larger developments), district parking for smaller developments, and open space linkages where feasible; emphasize enhancement of the pedestrian environment. Varies by small area: • Wooddale/Valley View – 12-30 du/acre • 70th & Cahill – 10-50 du/acre • 44th & France – 12- 60 du/acre • Lincoln/Londonderry – 10-60 du/acre 30%/70% residential/commercial mixed-use Below is a link to the Lincoln & Londonderry Small Area Plan: Lincoln-and-Londonderry-Small-Area-Plan-PDF Page 293 of 449 Compliance Table City Standard (PCD-4) Proposed Setbacks (Structure) Front (Lincoln Drive) Side Street (Londonderry) Side Street (169) Side Patio Setbacks (Parking lot) Drive aisle – street Drive aisle – side Parking Spaces – street Parking Spaces – side Setback - Sign 35 feet 25 feet 25 feet 25 feet 25 feet 20 feet 10 feet 20 feet 10 feet 20 feet from the street 70 feet 45 feet 80 feet 230 feet 7 feet* 36 feet 0 feet (shared access easement)* 7 feet (Highway 169 side)* 100+ feet 20 feet Pump Island Setback 25 feet 50, 70, 120 feet Driveway Setback to Residential 110 feet 200 feet Parking Setback from Building 10 feet 6 & 8 feet* Maximum Lot Size 60,000 s.f. 112,990 s.f.* Parking Stalls 1 space per employee plus 1 space per 300 square feet (12 employees) 39 stalls required 32 stalls* FAR 30% 8% Building Design & Construction 75% Transparency 20-foot ceiling height Brick/Stone Variance will be requested for transparency and ceiling height* Brick *Variance Required Gas Station Regulations. Per Section 36-618 (15) of the Edina City Code, the following is required for Gas Stations: (15) Automobile service centers and gas station standards. a. Minimum lot area: 1. For an automobile service center, 20,000 square feet, plus 5,000 square feet for each service bay in excess of three. 2. For a gas station, 15,000 square feet. b. Maximum lot area: 60,000 square feet. * (Variance Required) c. Hydraulic hoists, pits, lubrication, washing, repairing and diagnostic equipment shall be used and stored within a building. d. Interior curbs of not less than six inches in height shall be constructed to separate driving surfaces from sidewalks, landscaped areas and streets. Page 294 of 449 e. No automobile service station on a lot adjoining a lot in a residential district shall be operated between the hours of 11:00 p.m. and 6:00 a.m. f. All driving surfaces shall be constructed and maintained in the same manner as prescribed for parking lots by this chapter. g. No merchandise shall be displayed for sale outside a building, except in that area within four feet of the building or within pump islands used for dispensing motor fuels. h. No motor vehicles, except those owned by the operators and employees of the principal use, and vehicles awaiting service, shall be parked on the lot occupied by the principal use. Vehicles being serviced may be parked for a maximum of 48 hours. i. Body work and painting is prohibited. j. No buildings, driveway surfaces, parking areas or other improvements shall be located within 110 feet of any portion of a lot in a residential district which is used for residential purposes if separated from the lot by a street, or within 50 feet, if not so separated by a street. k. Pump islands shall maintain a front and side street setback of at least 20 feet and an interior side yard and rear yard setback of at least 25 feet. l. Notwithstanding the requirements of article XII, division 3 of this chapter, driveways and drive aisles need only provide a setback of not more than five feet from all lot lines, subject to the requirements of subsection (15)j of this section. Signage. Signage is not specifically proposed yet. Below are the Code requirements for signage: PCD-4 20% of wall area 20-foot setback to a street Number of Signs – One per building per frontage 80 square feet for first sign, 50 square feet for each additional sign 20 feet tall Landscaping. Per Page 57 of the Lincoln and Londonderry Plan, trees and sidewalks should be added along Lincoln Drive. The site plan does show a sidewalk along Lincoln Drive. Trash Enclosure. Per Section 36-1252 of the City Code, trash enclosures are not to be located in the front yard. The proposed trash enclosure is located in the front yard of Lincoln Drive. The trash area should be relocated away from the front yard of Londonderry & Lincoln and would need to be screened. Traffic and Parking Study. Will be done as part of a formal application. Page 295 of 449 Mr. Cary Teague City of Edina 4801 W. 50th St. Edina, MN. 55424 This letter is intended to accompany the submittal for our application to the City of Edina. Please accept this letter as our request to be placed on the next available Council meeting agenda for review. Kwik Trip, Inc. is proposing the construction of a convenience store with a 10 dispenser fueling canopy. Included in the submittal is the Cover Letter and initial site plan. Operations The requested hours of operation will be 24 hours for all uses. The type of products that will be sold will be like that of our existing stores throughout the mid-west: fresh produce, bakery and dairy, hot and cold food and beverages, fresh meat and groceries, tobacco products, lotto, convenience store merchandise, alcohol, gasoline, diesel, E-85, ice and propane. The outside merchandising of products is being requested next to the store (two ice chests and one propane cage) and underneath the proposed main canopy. To ensure that the freshest products are sold in our stores, we request those daily deliveries be made. Buildings, Architecture and Site Design The architectural elements in this state-of-the-art building consist of a full brick cladding, standing seam metal roof, store front aluminum openings and stucco accents. Extensive landscaping, modern storm water facilities, monument and wall signage, customer and employee parking, concrete paving with curb and gutter are also included in the overall site design. Investment in the City This project will be a multi-million-dollar investment in the City of Edina. Not only in the physical improvements and development of this parcel, but also an investment of approximately 25 to 30 new permanent jobs in the city. The projected payroll here is estimated to be approximately $500,000 annually. Page 296 of 449 Community Partner We pride ourselves in being an asset in the communities where we are located. Families can walk or ride their bikes to our stores. Retirees on a fixed income can access fresh groceries like milk, eggs, bread and fruit just steps from their car. We take pride in giving back to the communities we serve with charitable donations and by partnering with local non-profits. Kwik Trip would be happy to provide any additional information or answer any questions or concerns the City of Edina may have with our submittal. Please feel free to call or email with any questions you may have. Site Plan Narrative/ Variance: 1. Sidewalk along the west side of Lincoln Drive will be a tough item as there are 12 mature trees that Kwik Trip would have to grub in order to place the sidewalk and new trees within the Blvd. Also, there is a grade issue. If Kwik Trip did this, would it be grand eligible or cost shared per page 57 of the LLSAP? a. Possible equivalent to sidewalk on west side of Lincoln is for Kwik Trip to provide a lighted pedestrian crosswalk from the Bike Trail to the sidewalk leading to our store. 2. Kwik Trip has provided 2 picnic tables (1 ADA compliant) along with 2 bike racks for our guests to rest. 3. Kwik Trip has provided a sidewalk off Lincoln Rd up the shared access road and connects to the picnic table/ bike rack area. 4. Kwik Trip has identified a possible location for pedestrian connections off Londonberry Rd but the grades make this very challenging. 5. Kwik Trip will have to apply for a variance for the lot area as we will be over 60,000 sq ft. max. 6. Kwik Trip would have to review building requirements as standard Kwik Trip building does not have a model with 20’ ceilings and 75% transparency. Variance would probably be needed. Sincerely, Scott Zietlow Project Manager Store Engineering sjzietlow@kwiktrip.com 608-793-5933 Page 297 of 449 Page 298 of 449 Page 299 of 449 Page 300 of 449 Land Use Map & Site Location Site Location Page 301 of 449 Zoning Map & Site Location Site Location Page 302 of 449 Lincoln and Londonderry Small Area Plan February 2025 Page 303 of 449 Introduction2 February 2025 Acknowledgements City of Edina City Council Planning Commission Addison Lewis Community Development Coordinator Kris Aaker Assistant City Planner Stephanie Hawkinson Affordable Housing Development Manager James Hovland Mayor Kate Agnew Council Member Carolyn Jackson Council Member James Pierce Council Member Julie Risser Council Member Jimmy Bennett Chair Lou Miranda Vice Chair Will Bornstein Secretary David Alkire Ryan Daye Meriwether Felt Clare Hahneman Bonnie Padilla Quincy Smith Adita Jha Student Ben Joncas Student The Lincoln and Londonderry Small Area Plan refl ects the collective vision and hard work of hundreds of dedicated residents, business owners, city staff, city volunteers, and offi cials. We deeply appreciate the insights and contributions of our passionate stakeholders and extend a heartfelt thank you to everyone who helped shape this plan! Page 304 of 449 3 Introduction3February 2025 Working Group Mend Collaborative This group of residents and Planning Commission members supported and guided the project by conducting research, engaging with the community, and providing input and feedback throughout the project process. Lou Miranda Chair Steve Brown Ryan Daye Jim Diley Meriwether Felt Cory Griffeth Jignasha Pandya Russ Rubin Nancy Spannaus Consulting group that conducted planning, design, and community engagement. Zakcq Lockrem, AICP Project Manager Sandy Meulners-Comstock, PLA Principal-in-Charge Olivia Halsne Designer Bindu Nicholson Designer Page 305 of 449 Introduction4 February 2025 Table of Contents Acknowledgements ......................................................................................................................1 - 4 00 Executive Summary ........................................................................................................................ii 01 Introduction .................................................................................................................................... 5 Current Capability Recommendations 16 02 Character of Housing and Development ...............................................................................17 03 Economic Development and Local Business .........................................................................23 04 Community Gathering Spaces ..................................................................................................29 05 Green Space and Environmental Stewardship ......................................................................37 06 Getting Around Safely ................................................................................................................47 07 Community Involvement and Visionary Planning .................................................................61 Capacity-Dependent Recommendations 64 08 Long-Term Visioning ....................................................................................................................65 09 Implementation 79 Page 306 of 449 February 2025 Executive Summaryi Executive Summary 00 Page 307 of 449 February 2025Executive Summaryii Overview Why a small area plan? Project Schedule Driving Factors The Lincoln and Londonderry Small Area Plan serves as an amendment to the City of Edina’s Comprehensive Plan, providing a detailed framework to guide development in a way that reflects the community’s priorities and values. This plan addresses the unique opportunities of the Lincoln and Londonderry area while ensuring alignment with the broader vision for Edina’s sustainable growth and development. It sets forth strategies to balance the community’s needs—such as housing, transportation, green spaces, and economic vitality—with the city’s overarching goals for innovation, inclusivity, and environmental stewardship. By fostering a shared vision and promoting collaborative planning, the plan aims to shape a vibrant, connected, and thriving area that supports both current and future generations. The City of Edina is a fully developed community, with most areas unlikely to undergo significant change. The 2008 Comprehensive Plan identified “Potential Change Areas,” prompting the completion of small area plans to help shape and guide redevelopment in these areas. In April and May of 2017, the “Big Ideas Workshops” identified additional areas that could be considered Potential Change Areas in the future, including the Lincoln and Londonderry area, which was subsequently included in the Planning Commission’s 2024 Work Plan. The plan was developed in four phases: Understand, Envision, Act, and Adopt—the first three of which were completed over nine months in 2024. The City of Edina’s Planning Department, in partnership with the project team and a resident-led working group, held 10 monthly meetings throughout the process. These meetings provided valuable opportunities for discussion and feedback at each stage of the project. Development Proposal: A 2023 proposal for the area faced neighbor opposition due to the lack of an established plan and did not proceed. This plan aims to build consensus for future development. Sanitary Sewer Capacity: Sewer capacity remains a significant concern for western Edina. While this plan cannot fully address the issue, it will consider these constraints in future evaluations. Post-Pandemic Economic Shifts: Economic changes since COVID-19 (2020) have impacted office and industrial properties. This plan will assess current uses to ensure resilience and prevent blight. Understand May + June 2024 July - September 2024 Goal: Understand key issues, challenges, and previous plans affecting the study area. Envision Goal: Provide vetted strategies and approaches related to project goals. Act Goal: Document a clear path to implementation. Adopt Goal: Facilitate adoption by relevant regulatory bodies. October - December 2024 January - March 2025 Page 308 of 449 February 2025 Executive Summaryiii Community Engagement Engagement Activity Examples Understand the Community: Gather insights through surveys, workshops, and direct conversations to grasp the unique needs and desires of Edinans. Envision Together: Develop and refine strategies that align with the community’s aspirations for a vibrant, inclusive, and prosperous area. The primary goal of community engagement was to create a collaborative environment where residents, business owners, and city officials could share their vision for Lincoln and Londonderry’s future In person and online activities were held to: Act Collaboratively: Prioritize and detail actionable steps, working closely with stakeholders to ensure the feasibility and community support for each recommendation. Adopt and Implement: Present the plan to governing bodies, revising as needed to reflect the community’s feedback, leading to official adoption and execution. Community Ideas Map “What Feels Right?” Imagery Activity Vision Priority Activity Loves and Needs Visioning Activity Lincoln Drive Design Activity Live-Feedback Presentations Page 309 of 449 February 2025Executive Summaryiv Page 310 of 449 February 2025 Executive Summaryv Project Vision In 2040, the Lincoln and Londonderry area will be a welcoming gateway to western Edina. There will be shops, restaurants, homes, and jobs, all in a natural setting along Nine Mile Creek. It will be thoughtfully and sustainably designed, blending eco-friendly amenities with natural beauty. The area will be easy to get to and move around in, with bike lanes and trails, walking paths, bus stops, and carefully integrated parking. The Lincoln and Londonderry area will be a great place to live, work, and gather, fostering community and encouraging people to use the trails and gathering spaces. During the Envision Phase, the project team identified community priorities and refined them into actionable steps to shape the final recommendations. Establishing a clear vision that reflects these priorities for the Lincoln and Londonderry area was a key focus. Based on community engagement, data collection, and discussions, the following vision statement was developed to guide the area’s future: Community Priorities Encourage a diverse array of local businesses that support the community’s needs. Create vibrant spaces that encourage and foster community and inclusivity. Preserve and enhance the natural environment, prioritizing sustainability and outdoor activities. Ensure safe, accessible, and efficient movement for all. Promote a balanced approach to housing that respects community needs and preferences. Foster a forward-thinking approach to development that involves the community. Page 311 of 449 February 2025Executive Summaryvi Current Capacity Recommendations: Character of Housing and Development S1 | Rightsize Development S2 | Establish Design Standards Economic Development and Local Business S3 | Attract Neighborhood-Scale Development S4 | Improve Outdoor Spaces Community Gathering Spaces S5 | Partner with Three Rivers Park District to Create Trail Rest Areas S6 | Create Small Trail Seating Areas S7 | Establish a Community Gathering Space S8 | Create Areas for Public Art Green Space and Environmental Stewardship S9 | Establish Stormwater Management Practices S10 | Naturalize Green Space S11 | Increase Tree Canopy S12 | Set-Eco Development Standards Getting Around Safely S13 | Improve Intersections S14 | Connect to the Opus SWLRT and Adjacent Transit Service S15 | Create a New Boardwalk Connection S16 | Improve Desire Lines S17 | Add Trees Along Lincoln Drive West S18 | Advocate for Local Transit Service Community Involvement and Visionary Planning S19 | Develop Community Branding S20 | Develop Community Support Sewage Constraints Currently, redevelopment with a higher Sewer Availability Charge (SAC) capacity is not permitted in the Lincoln and Londonderry area as the sewage system has reached its maximum capacity. This means that any additional burden on the existing system—such as increased density or building expansions—is not possible. To address this constraint, the recommendations in this plan are divided into two categories: Current Capacity Recommendations: Actions that support desired changes without increasing water and sewer usage in the area. Capacity-Dependent Recommendations: Actions that require upgrades to the sewer system to enable increased development. Page 312 of 449 February 2025 Executive Summaryvii Map Legend Policy or Program Recommendations Nine M i l e C r e e k T r a i l Ni n e M i l e C r e e k T r a i l HWY 169HWY 169Londonderry Road The L o d e n A p t s Children’s Business Campus Dovre Drive Lincoln DriveParking Garage The Londonderry Shops MPLS Area Realtors OfficeOffice IndustrialIndustrial Industrial + Office Existing Drive Surfacing Nine Mile Creek Trail Existing Buildings 100 Year Flood Extents Existing Parkland Property Existing Trees Proposed Trees Existing Sidewalks Proposed Sidewalks Intersection Improvement Trail Rest Area (TRPD) Trail Seating Area (Edina) Commercial/Retail Rezone Art Opportunity Contour Lines Proposed Trail Extension S17 S8S14 S10 S10 S13 S13 S13 S6 S6 S17 S5S9 S9 S5 S15 S1 S2 S4 S7 S12 S18 S19 Page 313 of 449 February 2025Executive Summaryviii Capacity-Dependent Recommendations:The Lincoln and Londonderry Small Area Plan envisions a vibrant, inclusive neighborhood centered on balanced development, support for local businesses, community spaces, safe mobility, and forward-thinking planning. Serving as a key guide for future development and decision-making, the plan provides a framework to help city officials, developers, and stakeholders ensure that growth aligns with the shared vision of the city and its residents, fostering a thriving and sustainable community. The Lincoln and Londonderry Small Area Plan underwent review by relevant governing bodies, beginning with the City of Edina Planning Commission and followed by the City Council. The Small Area Plan was officially adopted on [PLACEHOLDER ADOPTION DATE]. Conclusion + Next Steps Long-Term Visioning L1 | Master Plan Mixed Use Development L2 | Rezone for Development L3 | Request a Noise Wall L4 | Establish New Green Spaces L5 | Redesign Circulation L6 | Redesign Lincoln Drive Page 314 of 449 February 2025 Executive Summaryix Map Legend Nine M i l e C r e e k T r a i l Ni n e M i l e C r e e k T r a i l HWY 169HWY 169Londonderry Road Londonderry Drive Th e L o d e n A p t s Dovre Drive Malibu D r i v e Lincoln DriveParking Garage The Londonderry Shops MPLS Area Realtors Office Drive Surfacing Nine Mile Creek Trail + Extensions Existing Buildings Proposed Buildings 100 Year Flood Extents Existing Parkland Property Existing Trees Proposed Trees Sidewalks Intersection Improvement Contour Lines Trail Rest Area (TRPD)* *Three Rivers Park District Trail Seating Area (Edina) L2 L4 L4 L5 L5 L5 L6 L6 L2 L1 L1 L3 L3 Page 315 of 449 5 Introduction5February 2025 Introduction 01 Page 316 of 449 Introduction6 February 2025 Introduction The Lincoln and Londonderry Small Area Plan serves as an amendment to the City of Edina’s comprehensive plan, guiding development to align with the community’s needs and desires, as well as the city’s vision for future growth. Why Plan for this area? The City of Edina is a fully developed community, with most areas unlikely to undergo signifi cant change. The 2008 Comprehensive Plan identifi ed “Potential Change Areas,” prompting the completion of small area plans to help shape and guide redevelopment in these areas. In April and May of 2017, the “Big Ideas Workshops” identifi ed additional areas that could be considered Potential Change Areas in the future, including the Lincoln and Londonderry area, which was subsequently included in the Planning Commission’s 2024 Work Plan. Several factors have driven the need to create a plan for this area: • Development Proposal: In 2023, a development proposal was submitted for the area. However, without an established plan in place, signifi cant disagreement arose among adjacent neighbors regarding whether the proposal was appropriate for the area. The proposal did not move forward, and there are currently no active proposals for the site. This plan seeks to build consensus around future development in the area. • Sanitary Sewer Capacity: There are signifi cant concerns regarding sanitary sewer capacity, an issue shared by much of western Edina. While this plan may not fully resolve the problem—since it impacts an area beyond the small area plan boundaries—it will take these constraints into account as future opportunities are evaluated. • Post-Pandemic Economic Shifts: Following the COVID-19 pandemic in 2020, economic markets have changed signifi cantly, particularly for offi ce and industrial properties. This plan will evaluate the area’s existing uses to ensure its economic future remains resilient and adaptable, avoiding the risk of blight. The plan was developed in four phases: Understand, Envision, and Act—the fi rst three of which were completed over nine months in 2024. The City of Edina’s Planning Department, in partnership with the project team and a resident-led working group, held 10 monthly meetings throughout the process. These meetings provided valuable opportunities for discussion and feedback at each stage of the project. Nine Mile Creek. Image Source: Mend CollaborativeThe Londonderry Shops. Image Source: Mend Collaborative Page 317 of 449 7 Introduction7February 2025 Phase 1: Understand To gain a clear understanding of the current conditions in the Lincoln and Londonderry area, the team conducted a thorough analysis of the project area and its surroundings, examining demographics, environmental factors, transportation, housing, and businesses. The analysis also included a review of relevant data related to opportunities, constraints, national best practices, emerging trends, and prior planning efforts impacting the area. Signifi cant time was dedicated to gathering input from local residents, business owners, and community members across Edina, who generously shared their ideas and feedback. By combining quantitative data with qualitative insights from community engagement, the team developed a comprehensive understanding of the area’s needs. This work informed the creation of a “Case for Action,” providing a solid foundation for setting project goals and strategies in the next phase. Phase 2: Envision During the Envision Phase, the City of Edina, project team, and working group developed strategies to address the needs and priorities identifi ed in the Understand Phase. Projects, programs, and policies were explored as potential solutions to resolve key issues, support community desires, and guide the area’s future growth. Using the community feedback gathered during the Understand Phase, the team created a vision statement and established key priorities. These priorities served as a guiding framework for recommendations. Phase 3: Act Once consensus was reached on the strategies developed during the Envision Phase, the Act Phase focused on refi ning recommendations to provide the level of detail necessary for implementation. This phase included fi nalizing action items, creating inspiring visual illustrations, and developing supporting details to ensure the plan’s readiness for adoption and execution. Phase 4: Adopt The Lincoln and Londonderry Small Area Plan underwent review by relevant governing bodies, beginning with the City of Edina Planning Commission and followed by the City Council. The Small Area Plan was offi cially adopted on [PLACEHOLDER ADOPTION DATE]. Project Process Understand May + June 2024 July - September 2024 Goal: Understand key issues, challenges, and previous plans affecting the study area. Envision Goal: Provide vetted strategies and approaches related to project goals. Act Goal: Document a clear path to implementation. Adopt Goal: Facilitate adoption by relevant regulatory bodies. October - December 2024 January - March 2025 Page 318 of 449 Introduction8 February 2025 STUDY AREA Page 319 of 449 9 Introduction9February 2025 Lincoln and Londonderry Study Area Sewage Constraints This small area plan focuses on 45 acres along Edina’s western border, bounded by Highway 169 to the west, Nine Mile Creek to the east and north, and the Manor Homes of Edina townhomes to the south. The study area primarily consists of professional offi ces, light industrial facilities, and warehouses, along with a multifamily residential building, retail spaces, and neighborhood service businesses. The surrounding area features a mix of residential apartments, townhomes, and single-family homes. To the west, across Highway 169, lies the Opus Area business park in the City of Minnetonka. The site benefi ts from full access to Highway 169 via Londonderry Road, and the Nine Mile Creek Regional Trail runs adjacent to the area. Before beginning the future visioning process, it was essential to address a critical constraint: the limitations of sewage capacity in western Edina. Currently, redevelopment with a higher Sewer Availability Charge (SAC) capacity is not permitted in the area highlighted in orange on the map to the right, as the sewage system has reached its maximum capacity. This means that any additional burden on the existing system—such as increased density or building expansions—is not possible. To address this constraint, the recommendations in this plan are divided into two categories: »Current Capacity Recommendations: Actions that support desired changes without increasing water and sewer usage in the area. »Capacity-Dependent Recommendations: Actions that require upgrades to the sewer system to enable increased development. While this plan cannot directly propose solutions to the sewage system limitations, a recent study explored potential opportunities to address the issue in future citywide planning processes. The study identifi ed three potential solutions: »Capacity Shifts: Retrofi t or replace existing buildings without increasing sewer usage. Lincoln and Londonderry Study Area Properties with Sewer Constraints Constraints to be removed 2026 – 2028 Parkland Properties Water Sewage Capacity Map »Connecting to Minnetonka: Utilize Minnetonka’s available sewer system. »Upgrading in Edina: Enhance Edina’s sewage system to support additional capacity. Page 320 of 449 Introduction10 February 2025 Engagement Edina residents had numerous opportunities to share their vision for the future of Lincoln and Londonderry. Throughout the fi rst three phases of the project, ideas and recommendations were shaped by input gathered during in-person engagement events and through the project’s online platform, Better Together Edina. These initial recommendations were then presented to the community for further feedback and refi nement. Active community participation was essential to the project’s success, laying the groundwork for consensus on future planning and implementation efforts. Image Source: Mend Collaborative Page 321 of 449 11 Introduction11February 2025 Engagement Activities Engagement EventsThe community was brought together through the planning process for a series of fun engagement events featuring interactive activities where valuable feedback was gathered, fostering community involvement and participation. Community Ideas Map Community Ideas Map - Virtual “What Feels Right?”Imagery Activity Vision Priority Activity Children’s Activities Loves and Needs Visioning Activity Lincoln Drive Design Activity Live-Feedback Presentations April 2024 04/27 Working Group Kickoff Walk May 2024 05/30 Working Group Meeting June 2024 06/11 Community Workshop One 06/27 Working Group Meeting July 2024 07/11 Caribou Coffee and Loden Apartments Pop-ups 7/15 Nine Mile Creek Trail Pop-up 07/25 Working Group Meeting August 2024 08/22 Working Group Meeting September 2024 9/10 Community Workshop Two 9/13 Business Owner Surveying 09/26 Working Group Meeting October 2024 10/24 Working Group Meeting November 2024 11/21 Working Group Meeting December 2024 12/02 Final Community Workshop January 2025 01/02 Final Working Group Meeting Page 322 of 449 Introduction12 February 2025 Building a Case for Action A Small Area Plan “Case for Action”, which is summarized here, introduced research and community engagement efforts conducted during the understand phase of the plan. Historically, the Lincoln and Londonderry area has seen signifi cant transformation. Once farmland and rural residential in the mid-20th century, it became a hub for light industrial and commercial uses by the late 20th century. The area’s connection to the Nine Mile Creek fl oodway has remained largely intact, preserving natural features despite urban development. Infrastructure improvements, including highway connections and the construction of the Nine Mile Creek Trail in 2017, have enhanced access and mobility. Recent developments, such as the Loden apartments and the under-construction METRO Green Line Light Rail extension (slated to open in 2027), are increasing the area’s residential presence and connectivity. Community engagement has been a cornerstone of this planning process. A combination of in- person events and online platforms was utilized to gather input, educate residents on the planning process, and explore existing conditions. Approximately 100 community members participated in open houses and pop-up events held at local venues such as Walnut Ridge Park, Caribou Coffee, and the Loden’s club room. Feedback from these sessions informed key priorities for the plan, which were distilled into six community values: economic development and local businesses, housing and development character, community and gathering spaces, green spaces and environmental stewardship, safe mobility, and visionary planning through ongoing community involvement. Economic development aims to encourage diverse businesses that meet community needs while balancing tax revenue considerations. Existing uses, including warehouses, offi ce spaces, and the Londonderry Shops, were evaluated to ensure economic resilience. Community input highlighted a desire for more gathering spaces, both indoor and outdoor, including teen-friendly areas and trail amenities. Housing and development in the area refl ect a mix of styles, from 1970s-era industrial designs to contemporary additions like the Loden apartments. Community feedback has emphasized the need for housing but revealed differing opinions on the scale of future development. The area’s green spaces, including wetlands and a mature tree canopy along the fl oodway, are highly valued by residents. Efforts to enhance environmental stewardship will focus on preserving biodiversity, improving habitat quality, and reducing the impact of development on natural features. Mobility is another critical area of focus. Lincoln and Londonderry serve as a multimodal hub, connecting to highways, trails, and a future light rail station. However, challenges such as missing pedestrian connections, inconsistent wayfi nding, and traffi c concerns were identifi ed. Community members have expressed a desire for improved pedestrian and cyclist safety, particularly at key intersections like Lincoln Drive and Londonderry Road. The Nine Mile Creek Trail was celebrated as a major asset but lacks suffi cient amenities such as resting nodes. The full “Case for Action” was recorded as a short video which can be viewed at the QR code below. Case For Action QR Code Page 323 of 449 13 Introduction13February 2025 Emerging Themes After thoroughly analyzing community feedback, several priorities began to surface: Connection to Nature “I love the walking trails and easy connections to parks.” “I would like to see more native plants and erosion control along the creek.” Community Spaces and Businesses “I love having access to restaurants, coffee shops and services.” “We need more gathering opportunities like breweries and restaurants.” Safety and Mobility “I am concerned about increasing traffi c.” “I am concerned about dangerous intersections for pedestrians and bikers.” Housing “I would like to see affordable townhomes and home ownership opportunities” “Instead of constructing a large-scale housing complex, we should focus on creating a more inviting, livable community that people genuinely want to call home.” “Lincoln and Londonderry is primed for equitable growth that will provide affordable housing and help the City reach its equity and diversity goals.” Community Voice “There are many great things about Lincoln and Londonderry. What most comes to my mind is the sense of community and pride.” Photos from the Open House at Walnut Ridge Park. Image Source: Mend Collaborative Page 324 of 449 Introduction14 February 2025 Community Priorities Building on community input and the vision statement, the working group developed six community priorities, which were then shared with the community at a public event. These priorities were workshopped, revised, presented to the City Council, and fi nalized by the working group. Encourage a diverse array of local businesses that support the community’s needs. Create vibrant spaces that encourage and foster community and inclusivity. Preserve and enhance the natural environment, prioritizing sustainability and outdoor activities. Ensure safe, accessible, and effi cient movement for all. Promote a balanced approach to housing that respects community needs and preferences. Foster a forward-thinking approach to development that involves the community. Project Vision In 2040, the Lincoln and Londonderry area will be a welcoming gateway to western Edina. There will be shops, restaurants, homes, and jobs, all in a natural setting along Nine Mile Creek. It will be thoughtfully and sustainably designed, blending eco-friendly amenities with natural beauty. The area will be easy to get to and move around in, with bike lanes and trails, walking paths, bus stops, and carefully integrated parking. The Lincoln and Londonderry area will be a great place to live, work, and gather, fostering community and encouraging people to use the trails and gathering spaces. During the Envision Phase, the project team identifi ed community priorities and refi ned them into actionable steps to shape the fi nal recommendations. Establishing a clear vision that refl ects these priorities for the Lincoln and Londonderry area was a key focus. Based on community engagement, data collection, and discussions, the following vision statement was developed to guide the area’s future: Page 325 of 449 15 Introduction15February 2025 The recommendations in this Small Area Plan are divided into two categories: »Current Capacity Recommendations: »Capacity-Dependant Recommendations: Recommendation Navigation Getting Around SafelyMap Legend Nine Mil e C r e e k T r a i l Nine M i l e C r e e k T r a i l HWY 169HWY 169yyyyLondonderry Road yyyyyyyyyyLondonderry Drive The L o d e n Apts The L o d e n A p t s Children’s Business Campus Dovre Drive Lincoln DriveParking Garage The LondoThe Londohhe LThe Londohe Lone LondoThe LondoondoThe LondoondonThe LhThe LoLondohe LonTheh nderryndernderry Shnderry Shnderry Shnderry Shrryerry Sherry Sderry Sderry ShSnderry Seopoopsopopsopopopsppsop MPLS Area Realtors 2IÀ FH 2IÀFH IndustrialIndustrial IÀ,QGXVWULDO2IÀFH Existing Drive Surfacing Nine Mile Creek Trail Existing Buildings 100 Year Flood Extents Existing Parkland Property Existing Trees Proposed Trees Existing Sidewalks Proposed Sidewalks Intersection Improvement Trail Rest Area Trail Rest Stop Commercial/Retail Rezone Art Opportunity Contour Lines Proposed Trail Extension Economic Development and Business December 2024DRAFT48 S13 S13 S13 Getting Around SafelyGetting Around SafelyDecember 2024DRAFT 49 Full Recommendation: Improveintersections for pedestrian safety. S13 |Improve Intersections To improve pedestrian safety, the intersections atLincoln Dr and Londonderry Rd should be raised DQGPRGLÀHGWRWLJKWHQWKHUDGLLRIWKHWXUQLQJcorners. Additionally, crosswalks should be addedacross Dovre, and across the driveway entranceWR/RQGRQGHUU\6KRSV)LQDOO\DWUDIÀFFDOPLQJmedian should be added at the Londonderry Shops entry. $UDLVHGLQWHUVHFWLRQLVDWUDIÀFFDOPLQJDQGVDIHW\feature that elevates the entire intersection toWKHOHYHORIWKHVXUURXQGLQJVLGHZDONVVORZLQJ YHKLFXODUWUDIÀFDQGPDNLQJWKHVSDFHPRUHSHGHVWULDQIULHQGO\7KLVGHVLJQLPSURYHVYLVLELOLW\ PRELOLW\DQGDFFHVVLELOLW\E\FUHDWLQJDVHDPOHVVWUDQVLWLRQIRULQGLYLGXDOVXVLQJZKHHOFKDLUVstrollers, or bicycles. For vehicles, raised intersections contribute toUHGXFHGVSHHGVVDIHUWXUQLQJPRYHPHQWVDQGa lower likelihood of crashes. It is important tonote that street maintenance vehicles, such as VQRZSORZVDQGVWUHHWVZHHSHUVFDQQDYLJDWH WKHVHUDLVHGLQWHUVHFWLRQVZLWKRXWGLIÀFXOW\ %\SULRULWL]LQJSHGHVWULDQVDQGHQFRXUDJLQJslower, more intentional vehicle movements, these raised intersections aim to promote a safer, more walkable, and connected community space, UHLQIRUFLQJDSHRSOHÀUVWDSSURDFKWRXUEDQ GHVLJQ 7KLVUDLVHGFURVVZDONDQGVLJQDOLQJVORZVWUDIÀFDQGprioritizes pedestrian mobility. Source: Toolbox of Individual 7UDIÀF&DOPLQJ0HDVXUHV86'27 7KLVUDLVHGLQWHUVHFWLRQH[DPSOHLVIURPWKH1HZ<RUN&LW\'HSDUWPHQWRI7UDQVSRUWDWLRQ6WUHHW'HVLJQ0DQXDO Recommendation sections typically begins with a map or graphic. Recommendation title Recommendation subtitle Recommendation description Supporting graphic and images Relative cost of recommendation:$$$$$$ On the maps, the areas related to the recommendation are labeled with a teardrop icon that looks like this: The callout box within the legend helps navigate to the colors and shapes used to represent the specifi c recommendation. S1 - S20 (s = short term) L1 - L6 (l = long term) S13 Page 326 of 449 Housing and Development16 February 2025 Current Capability Recommendations Character of Housing and Development Economic Development and Local Business Community and Gathering Spaces Green Spaces and Environmental Stewardship Getting Around Safely Community Involvement and Visionary Planning Actions that support desired changes without increasing water and sewer usage in the area. Page 327 of 449 Character of Housing and Development 02 Promote a balanced approach to housing that respects community needs and preferences. Page 328 of 449 Housing and Development18 February 2025 Do encourage property owners to naturalize planted areas, reduce turf grass coverage, and plant trees!Do not support plantings that require intense maintenance and fertilization practices such as turf grasses. Do encourage property owners to add dedicated, shaded and safe outdoor gathering areas for employees. Do not support haphazard temporary solutions to gathering spaces. Do support development that prioritizes natural and sustainable materials and that encourage continued urban forest coverage in the area. Do not support ultra-traditional or ulta-modern construction styles that do not include sustainable building material and landscaping strategies. Development Do’s and Don’ts Do...Don’t... Page 329 of 449 Housing and DevelopmentHousing and Development 19February 2025 Full Recommendation: Rightsize development including residences, commercial development, and offi ce spaces. S1 | Rightsize Development Throughout the engagement process, the community shared a range of perspectives on development in Lincoln and Londonderry. While some residents expressed a desire for additional amenities—such as grocery stores, restaurants, and family-oriented community spaces—others emphasized preserving the area’s existing character and avoiding signifi cant change. To balance these viewpoints, a “rightsizing development” approach was recommended. This strategy guides future growth to meet evolving community needs while respecting the area’s unique charm, aesthetics, and values. Key principles of rightsizing development include: • Prioritizing local input to ensure community voices guide decision-making. • Growing incrementally to add value without overwhelming the area’s infrastructure or character. • Focusing on community and family-oriented services to enhance livability. • Creating sustainability and accessibility standards for architecture and landscape design that complement the area’s natural surroundings. These principles can be achieved through the establishment of design standards (see Recommendation S2). By adopting a rightsizing development approach, Lincoln and Londonderry can evolve thoughtfully—meeting the community’s needs today while preserving the qualities that make the area special for future generations.POLICYno cost Page 330 of 449 Housing and Development20 February 2025 setb a c k s lot d e p t h Minimum of 50% transparency for the fi rst fl oor of commercial buildings 20’ height minimum fi rst fl oor for commercial buildings 20’ min 35’ m i n 100’ m i n <130’ No building may exceed 130 feet in length, though buildings may connect via skyways above the fi rst fl oor. Page 331 of 449 Housing and DevelopmentHousing and Development 21February 2025 S2 | Establish Design Standards Design standards are a set of guidelines and best practices that defi ne how new development should look, feel, and function. These standards are highly encouraged, and the City of Edina may choose to adopt these or similar standards into the zoning ordinance to make them mandatory. These guidelines help ensure projects achieve the desired quality, performance, and functionality as determined by the City and community. The recommended design standards for Lincoln and Londonderry build upon Edina’s existing development standards and include the following: »Building setbacks: 35 feet from all property lines. »Lot depth: Minimum of 100 feet. »Building coverage: 30% of the site for residential properties and 25% for commercial properties. »Building heights: In general, building heights should be limited to four stories. The City may consider additional height where it is deemed appropriate in order to achieve other goals described in this plan or other guiding documents »Building design and construction: Full Recommendation: Establish design standards for development that include suggested building materials and site design standards to create an eco-district. »Minimum of 50% transparency for the fi rst fl oor of commercial buildings. »Use of “natural” materials required on the fi rst vertical 60 feet of commercial buildings and for all residential construction. Natural materials include stone (preferably sourced from Minnesota) and visible wood framing. »No building may exceed 130 feet in length, though buildings may connect via skyways above the fi rst fl oor. »First-fl oor ceiling heights must be a minimum of 20 feet for commercial uses. »Sustainability requirements: The City has a Sustainable Buildings Policy that applies when a developer is requesting fi nancial assistance or rezoning to a PUD.POLICYno cost Page 332 of 449 The Londonderry Shops form part of the western border of the small area plan acreage, backing up to highway 169 at the Londonderry/Bren Road exit. Image Source: Mend Collaborative Page 333 of 449 Economic Development and Local Business 03 Encourage a diverse array of local businesses that support the community’s needs. Page 334 of 449 Economic Development and BusinessMap Legend Nine M i l e C r e e k T r a i l Ni n e M i l e C r e e k T r a i l HWY 169HWY 169Londonderry Road Londonderry Drive The L o d e n A p t s Children’s Business Campus Dovre Drive Lincoln DriveParking Garage The Londonderry Shops MPLS Area Realtors Offi ceOffi ce IndustrialIndustrial Industrial + Offi ce Existing Drive Surfacing Nine Mile Creek Trail Existing Buildings 100 Year Flood Extents Existing Parkland Property Existing Trees Proposed Trees Existing Sidewalks Proposed Sidewalks Intersection Improvement Commercial/Retail Rezone Art Opportunity Contour Lines Proposed Trail Extension Economic Development and Business24 February 2025 Trail Rest Area (TRPD) Trail Seating Area (Edina) S3 Page 335 of 449 25 Economic Development and BusinessFebruary 2025 Full Recommendation: Attract neighborhood scale commercial/retail development, similar to the existing Londonderry shops by rezoning the two parcels northwest of the Lincoln and Londonderry intersection. S3 | Attract Neighborhood- Scale Development The property just north of Londonderry Road, currently zoned as PID (Planned Industrial District), has attracted signifi cant development interest in recent years due to the potential for sale by its current owner. This parcel presents a unique opportunity to align future development with the community’s goals and needs. To encourage a development pattern that refl ects community support, it is recommended that this property, along with the adjacent parcel to the north, be rezoned to allow for retail and commercial uses, similar in scale and character to the Londonderry Shops development. This approach would create space for small restaurants, grocery stores, and other community-serving businesses, enhancing access to services and addressing the desires expressed during community engagement. Given the current limitations of the sewer infrastructure, any new development must not exceed the existing water consumption levels of the site. For example, the current offi ce building has approximately 8 toilets. With this level of use, high-consumption businesses—such as a car wash or beverage production facility—would likely not be feasible unless the sewage capacity issue is resolved. Development should be at a similar scale to Londonderry Shops. Image source: Mend Collaborative This rezoning is a proactive step to guide thoughtful growth while addressing infrastructure limitations. It positions the parcel for near-term improvement and long-term viability.POLICYno cost Page 336 of 449 Economic Development and Business26Economic Development and BusinessFebruary 2025 S4 | Improve Outdoor Spaces Full Recommendation: Improve the function and aesthetics of industrial outdoor spaces. The industrial buildings north of Londonderry Road house small businesses and their employees, but the area lacks comfortable outdoor spaces. Picnic tables are often placed in cramped, makeshift spots in parking lots or near trees that are too close to the highway to be enjoyable or relaxing for local workers. To address this, two key improvements are recommended. First, the aesthetics of the industrial buildings should be enhanced with murals or other creative installations that transform the expansive industrial facades and create a more inviting environment for employees and visitors. Second, well-designed and intentional outdoor gathering spaces should be established to improve both the functionality and appeal of the area. These spaces should be located further from the highway to reduce noise and should prioritize greenery versus paving to increase comfort. Features such as shaded seating, native landscaping, and accessible pathways would create a welcoming atmosphere, encouraging employees to use these spaces during breaks. Together, these improvements would enhance the look and feel of the industrial area, benefi ting both employees and the broader community. Industrial buildings retrofi tted to improve outdoor spaces for employees and the community. Source: AI Adding murals to long expanses of industrial building would create a more inviting environment. Source: AIPROJECTprimarily private investment, but the City could create a fund to incentize these improvements$ Page 337 of 449 27 Economic Development and BusinessFebruary 2025 This page has been intentionally left blank. Page 338 of 449 Lincoln Drive and Londonderry Road in the summer. Image Source: Mend Collaborative Page 339 of 449 Community Gathering Spaces 04 Create vibrant spaces that encourage and foster community and inclusivity. Page 340 of 449 Community Gathering SpacesMap Legend Nine M i l e C r e e k T r a i l Ni n e M i l e C r e e k T r a i l HWY 169HWY 169Londonderry Road Londonderry Drive The L o d e n A p t s Children’s Business Campus Dovre Drive Lincoln DriveParking Garage The Londonderry Shops MPLS Area Realtors Offi ceOffi ce IndustrialIndustrial Industrial + Offi ce Existing Drive Surfacing Nine Mile Creek Trail Existing Buildings 100 Year Flood Extents Existing Parkland Property Existing Trees Proposed Trees Existing Sidewalks Proposed Sidewalks Intersection Improvement Trail Rest Area (TRPD) Trail Seating Area (Edina) Commercial/Retail Rezone Art Opportunity Contour Lines Proposed Trail Extension Economic Development and Business30 February 2025 S5 S5 Page 341 of 449 31 Community Gathering SpacesFebruary 2025 Full Recommendation: Partner with Three Rivers Park District to create rest areas for trail users at the northern end of Lincoln Drive and adjacent to the Children’s Campus. Rest areas along trails are essential for providing users with a place to recharge, rehydrate, and enjoy the surrounding environment. These stops offer a break from physical exertion, which is especially important on long or challenging trail excursions. Rest areas equipped with seating, shade, water sources, and sometimes informational signage contribute to a more enjoyable and safer experience, reducing fatigue and creating a unique sense of place along the trail. Additionally, these stops often encourage social interaction, allowing joggers and bikers to connect, share tips, meet up, or simply enjoy a brief pause together. Two locations are identifi ed for creating new trail rest areas along the Nine Mile Creek Trail in the Lincoln and Londonderry area: • Where the trail transitions to a boardwalk at the northern end of Lincoln Drive. • Where the trail transitions to a boardwalk behind the Children’s Business campus. These trail rest areas should meet, at a minimum, the standards set by the Three Rivers Park District for trail rest stops, which include an ADA-accessible concrete pad with benches, a trash receptacle, and bike racks. The Park District provides specifi c design standards that should be referenced and followed, with additional considerations for unique adjustments to the Three Rivers Park District trail rest stop design standards. Source: Three Rivers Park District. An example of a standard accessible Three Rivers Park District trail rest stop. Source: Three Rivers Park District. ThTh ee RiRi esPPa kk DiDist iict t ailil est st pop ddesii sta dda dds5'-0"ADJACENT BITUMINOUSTRAIL+/-3' TOFRONT EDGEOF BENCH31'-0" SAWN CONTROLJOINT (TYP) 36" MIN.4"CONCRETE PAVEMENT MIX TOBE MnDOT 4000 PSI CLASS 5 AGGREGATE BASESCARIFY & RECOMPACT SUBGRADE 6" RESTORE WITH MIN. 4"TOPSOIL AND MnDOTSEED MIX 25-131 ADJACENTTRAIL BENCH, SURFACE MOUNTSEE DETAIL GEN-2 6"6"A A SECTION A-A PLAN NOTES: 1) PROVIDE STRAIGHT SAWCUT EDGE ALONG BITUMINOUSPAVEMENT ADJACENT TO NEW CONCRETE. 2) MAXIMUM 2% SLOPE IN ALL DIRECTIONS.3'-0"(6"-DEPTHCONCRETE)21-34" TO CENTEROF LEG 5'-0"(CONTROL JOINT) 4"-DEPTH CONCRETE 6"-DEPTH CONCRETE 2'-0"3'-0"4'-3"2'-9"2'-0"5'-0"2'-3"5'-6"(CONTROL JOINT)5'-0"(CONTROL JOINT)5'-0"(CONTROL JOINT)5'-0"(CONTROL JOINT)5'-6"(CONTROL JOINT) DUMOR MODEL 41-32PL/46-00TRASH RECEPTACLE. SURFACEMOUNT PER MFGRECOMMENDATIONS DUMOR MODEL 83 BIKERACKS. SURFACEMOUNT PER MFGRECOMMENDATIONS GEN-11ACCESSIBLE BENCH PAD WITH TRASH RECEPTACLE & BIKE RACKS NO SCALE S5 Partner with Three Rivers Park District (TRPD) to Create Trail Rest Areas | design, such as integral colored concrete or special color selections for the furnishings to align with the area’s branding. could be a candidate for grant funding PROJECT$ Page 342 of 449 Community Gathering SpacesMap Legend Nine M i l e C r e e k T r a i l Ni n e M i l e C r e e k T r a i l HWY 169HWY 169Londonderry Road Londonderry Drive The L o d e n A p t s Children’s Business Campus Dovre Drive Lincoln DriveParking Garage The Londonderry Shops MPLS Area Realtors Offi ceOffi ce IndustrialIndustrial Industrial + Offi ce Existing Drive Surfacing Nine Mile Creek Trail Existing Buildings 100 Year Flood Extents Existing Parkland Property Existing Trees Proposed Trees Existing Sidewalks Proposed Sidewalks Intersection Improvement Trail Rest Area (TRPD) Trail Seating Area (Edina) Commercial/Retail Rezone Art Opportunity Contour Lines Proposed Trail Extension Economic Development and Business32 February 2025 S6 S6 S6 Page 343 of 449 33 Community Gathering SpacesFebruary 2025 Full Recommendation: City to establish small resting areas along the Nine Mile Creek Trail by leveraging their Adopt-a-Bench program. To enhance the experience of trail users traveling through Lincoln and Londonderry, this recommendation suggests adding small resting areas along Lincoln Drive, north of Londonderry Road, by leveraging the City’s Memorial Bench Donation Program. These resting spots would provide users with a place to pause and enjoy scenic views of the ridge overlooking Nine Mile Creek, highlighting mature overstory trees and the stunning seasonal changes throughout the year. By incorporating thoughtfully placed resting areas with seating and minimal landscaping, this initiative would encourage users to appreciate the beauty of the landscape while offering a practical amenity for those navigating the trail. Trail rest stops can be small and informal spaces to stop. Image source: https://vestre.com/us/products/seating/ vroom-benk S6 Create Small Trail Seating Areas | Memorial Bench Donation Program could utilize private funds through the memorial bench programPROJECT$ Page 344 of 449 34Community Gathering SpacesFebruary 2025 S7 Establish a Community Gathering Space A community-centered gathering space serves as a visual and physical anchor, helping to orient and unify a small area. It creates a sense of place, making the area easier to navigate, while naturally drawing people in for gatherings, relaxation, and activities. It also fosters connections between nearby buildings and uses, enhancing the overall sense of community. As a natural landmark, it provides a clear point of reference for residents, visitors, and workers. In addition to its functional benefi ts, this gathering space could feature green space improvements that enhance the aesthetic appeal of the area, balancing the built environment with shade, greenery and open space. In Lincoln and Londonderry, the creation of a main community gathering space will require careful coordination with local businesses and future development. Ideally located closer to the center of the area, this space could serve as a welcoming hub for walkers, bikers, workers, and the broader community as they move through the area.During a community engagement activity, the community found that the two photos above represent the type of gathering spaces that they’d like to see in Lincoln and Londonderry in the future. Image Sources: https://www. realmstudios.com/raine-square, https://www.damonfarber. com/projects/water-works | Full Recommendation: As redevelopment occurs, seek an opportunity to establish a community gathering space within the Lincoln and Londonderry area. land acquisition could be coordinated with a private developer, but would utilize city funding for design and constructionPROJECT$$ Page 345 of 449 35 Community Gathering SpacesFebruary 2025 S8 Create Areas for Public Art Full Recommendation: Use unique and locally sourced public art to establish the area as a gateway to Edina. The Lincoln and Londonderry area serves as a gateway into Edina from the west. Incorporating public art at this entryway can create a memorable landmark that is unique to the area, welcoming visitors with creativity and charm. Public art serves multiple purposes in establishing a neighborhood icon. Visually, it draws attention and creates a sense of place, distinguishing the area from its surroundings and making it instantly recognizable. Symbolically, art can refl ect the values, history, or aspirations of the community, offering a narrative that resonates with both residents and visitors. By engaging local artists and drawing inspiration from natural themes in the area, the art can further strengthen the sense of pride and stewardship within the community. Public art also enhances the pedestrian experience, encouraging people to slow down, explore, and engage with the space. By adding an iconic piece of public art at the Lincoln and Londonderry entryway, this gateway to Edina can become more than just a transitional space—it can stand as a vibrant symbol of the city’s identity and its commitment to creativity and community. Image Source: https://www.edcarpenter.net/2021/09/lake- oswego-gateway-sculpture-installed/ Yellow icons show potential locations for public art. | could be coordinated with a private developer, but would likely utilize some city fundingPROJECT$$ Page 346 of 449 Nine Mile Creek. Image Source: Resource Environmental Solutions Page 347 of 449 Green Space and Stewardship37February 2025 Green Space and Environmental Stewardship Preserve and enhance the natural environment, prioritizing sustainability and outdoor activities. 05 Page 348 of 449 Green Space and Stewardship38 February 2025 Lynmar infi ltration basin fi lled with rainwater. Image Source: City of Edina Water Resources Lynmar infi ltration basin sedges inundated with water. Image Source: City of Edina Water Resources Lynmar infi ltration basin with black eyed susan blooms. Image Source: City of Edina Water Resources Lynmar infi ltration basin stepping stones. Image Source: City of Edina Water Resources Chowen park raingarden in Edina. Image Source: City of Edina Water Resources Edina’s Adopt-a- Drain Program Page 349 of 449 Green Space and Stewardship39February 2025 S9 | Establish Stormwater Management Practices Full Recommendation: Establish green stormwater infrastructure to assist in water management near the area’s sensitive ecosystem. Green infrastructure solutions, such as bioswales and rain gardens, smart irrigation systems, and stormwater reuse systems should be implemented throughout the Lincoln and Londonderry area to manage stormwater runoff, reduce water use, reduce infrastructure cost and help protect the sensitive aquatic ecosystems of Nine Mile Creek ecosystem. Currently, during rain events, water quickly fl ows off hard surfaces like roads and parking lots, picking up pollutants that are carried directly into storm drains or water bodies. This untreated runoff harms water quality, negatively impacting the health of people, plants, and wildlife. Additionally, it can cause fl ooding, erosion, and sewer overfl ows. To address these issues, bioswales and rain gardens should be used as natural solutions to capture, slow down, and fi lter stormwater close to where it falls, before being released into the nearby wetlands. Beyond managing stormwater, these features will enhance the beauty and ecological health of the area, attracting pollinators and birds with their greenery. The images on the previous page depict a few ways that Edina is currently treating rainwater. Edina residents have an opportunity to join the “Adopt-a-Drain” program to get involved to help keep neighborhoods clean. Those who sign up commit to keeping drains clear of trash, leaves and grass. For more information, follow the QR code linked at the next page. Point-Source Pollution Note: Nine Mile Creek in Edina has elevated levels of chloride pollution, primarily attributed to road salt application during winter months. Conventional stormwater management systems are designed to capture and treat pollutants like sediment, nutrients, and debris through mechanisms such as retention basins, fi ltration, and infi ltration. However, these methods are ineffective for addressing chloride pollution because chloride is highly soluble in water. Once dissolved, it cannot be removed by traditional stormwater practices like sedimentation or fi ltration. Additionally, chloride does not degrade or break down naturally over time, meaning it accumulates in water bodies and groundwater. Infi ltration-based systems, which aim to return water to the groundwater, can exacerbate the problem by directly transferring chloride- contaminated water into aquifers. To mitigate chlorine pollution, it must be stopped at the source by using smart salting best practices, low salt design principles and standards, and green infrastructure to minimize runoff. See S12 Eco- Design Standards for best practices. No cost for policy changes, depending on scale of interventions there could be grant opportunityPROJECT$-$$$ Page 350 of 449 Green Space and Stewardship40 February 2025 University of Minnesota Extension: Recommended Trees for Climate-Ready Woodlands Full Recommendation: Work with property owners to naturalize green spaces and establish planting standards for boulevards and gateways. S10 | Naturalize Green Spaces Community engagement has shown that most participants prefer naturalistic open green spaces featuring low-maintenance, ecologically benefi cial native plant communities. However, many of the privately owned green spaces in this area are currently landscaped with turf grass and ornamental plants, which do not support a healthy, diverse ecosystem. These conventional landscaping methods offer limited habitat for wildlife and require signifi cant amounts of water, as well as pesticides, fertilizers, and frequent mowing—all of which harm the environment. To improve these green spaces and create a more sustainable, functional ecosystem, areas should be naturalized by replacing traditional monoculture landscaping with native and climate-adaptive plantings (see QR code on this page). To guide this transformation, a new set of planting standards specifi c to this area should be established. These standards should focus on best practices for plant selection, design, Tall, low mow fescue seeding is a great replacement for turfgrass. Image Source: https://www.architecturaldigest. com city could create a small fund to incentivize POLICYno cost sourcing, installation, and seasonal maintenance. Resources such as the Minnesota Board of Water and Soil Resources (BWSR) Native Vegetation Establishment and Enhancement Guidelines or their Planting for Pollinators Guide can offer valuable guidance. Additionally, property owners should explore government funding opportunities, like the Lawns to Legume program, to fi nancially support these projects. Page 351 of 449 Green Space and Stewardship41February 2025 Full Recommendation: Establish a tree planting program to increase canopy, protect existing canopy, and plan for succession in the area’s canopy coverage. S11 | Increase Tree Canopy Based on community feedback, one of the most valued assets of the Lincoln and Londonderry area is its mature tree canopy. A common critique of the larger buildings in this area is the lack of mature trees and landscaping to soften and break up the long building facades. This recommendation seeks to protect the healthy, mature trees currently on-site while encouraging the establishment of new trees in areas that will be shielded from potential future development. Tree selection and placement should be done in collaboration with the City’s Forester. Expanding the tree canopy in this area will help further buffer the highway, provide additional habitat, reduce the heat island effect, and reinforce the area as a natural extension of the nearby Nine Mile Creek. An example of an Urban Forest Policy, and Edina’s Tree Memorial Program is provided via the QR code below: Minneapolis Urban Forest Policy Document Edina’s Tree Memorial Program During a pop-up at Caribou Coffee, the community noted that they dislike the lack of mature canopy around the Loden Apartments. Image Source: Mend Collaborative Mature trees along the creek are highly valued. Image Source: Resource Environmental Solutions, LLC city could create a small fund to incentivize POLICYno cost Page 352 of 449 Green Space and Stewardship42 February 2025 Full Recommendation: Establish and enhance ecological and stormwater development standards for future redevelopment. S12 | Set Eco-Development Standards Development standards are essential for guiding new development because they ensure that growth and change occur in a way that aligns with the community’s vision, priorities, and character. Suggested standards for new development in the area are included in the following table. Note: Future development to be coordinated with current city standards. While some of these are existing standards and some are proposed, a document of all standards should be created by the City of Edina. LLSAP Stormwater Design Standards Wetland Regulations Nine Mile Creek Watershed District is the local government unit with jurisdictional control for enforcement of the Wetland Conservation Act. For most activities that could affect wetlands, the rules of the Nine Mile Creek Watershed District will apply. Runoff Runoff cannot be discharged directly into wetlands without presettlement of the runoff. A protective buffer strip of natural vegetation must surround all wetlands. Drain Leaders All newly constructed and reconstructed buildings will route drain leaders to pervious areas where the runoff can be allowed to infi ltrate. The fl ow rate of water exiting the leaders shall be controlled so no erosion occurs. Water Quality Treatment Standards Establish a higher standard for pollution mitigation in this area, in coordination with the Nine Mile Creek Watershed District. Fertilizer Regulations No person will apply fertilizer or deposit grass clippings, leaves, or other vegetative materials on impervious surfaces, or within stormwater systems, natural drainageways, or wetland buffer areas. No lawn fertilizer, whether liquid or granular, containing phosphorous or phosphate may be applied, except in small amounts when soil tests indicate a need for added phosphorous to support healthy turf, or during the fi rst year of establishing new turf. Fertilizer applications are prohibited within 50 feet of any wetland or water resource.POLICYno cost Page 353 of 449 Green Space and Stewardship43February 2025 LLSAP Ecological Design Standards Overstory Trees The trees must be classifi ed as overstory species by the American Nursery Association. Overstory trees should not include the following, unless approved by the city forester: Ash, American elm (except disease-resistant varieties), Silver maple, Box elder, Cottonwood (male only), All species of Populus (poplar), Ginkgo (female only) Public Right of Way Landscaping Street trees should be spaced 30 feet apart, measured from the center of each tree trunk. If no planting strip is available or utilities prevent planting in the designated strip, trees may be planted on the development parcel, 3 to 7 feet behind the property line closest to the public right-of-way. Overstory Trees within Development Parcel Requires 1 overstory tree per 40 feet of site perimeter plus a full complement of understory trees and shrubs to complete a quality landscape treatment of the site. Low Salt Design Incorporate low salt design standards for corridors and sites to reduce the demand for chemical deicers, including chloride, in winter maintenance operations. Smart Irrigation Systens Irrigation systems must include smart controllers with features like weather-based scheduling and soil moisture sensors. Parking Lot Landscaping Off-street parking areas with six or more spaces and all loading facilities must be screened from public streets with clear views of these areas and from nearby residential or public properties. Screening Height: At least 4 feet tall for parking areas. At least 10 feet tall for loading facilities. Maximum height of 4 feet along street frontages. Screening must provide at least 75% opacity. Winter Maintenance: Parking lot landscaping must consider winter maintenance activities to ensure that effective and effi cient ice and snow removal can be prioritized without leaning on chemical de-icers that further harm water resources. Parking Lot Interior Landscaping Properties with on-site parking for 20 or more cars must provide landscaped areas equal to 10% of the total paved parking area. All interior parking rows must end with a landscaped island or area. Landscaped areas should be evenly distributed within the parking lot to provide shade and improve visual appeal. The maximum distance between landscape islands should be around 60 to 100 feet. Landscape islands must be at least 6 feet wide and generally the length of a standard parking space. Each island must have at least one tree and fi ve shrubs. For double- loaded parking spaces, each island must be at least 6 feet wide and generally the length of two back- to-back or nose-to-nose parking spaces. Page 354 of 449 Green Space and Stewardship44 February 2025 Understory Tree within Development Parcel A minimum of one understory tree must be planted for every 10,000 square feet of total lot area. Perennials Planting in New Development At least one perennial must be planted for every 500 square feet of total lot area. Shrubs can be used as substitutes in addition to the required minimum number of shrubs. If the calculation results in a fraction, round up to the next whole number. Sustainable Landscaping Landscaping plans must have water- effi cient designs. Use of native and drought-tolerant plants reduce the demand for irrigation water as well as other inputs like fertilizers. Parking Lot Interior Landscaping Islands must contain at least two trees and ten shrubs. Landscaping areas bordering driveways and parking lots must be protected by curbing, wheel stops, or other similar protective devices, unless the area is a bioswale. Minimum Tree Density Multifamily development: 4 signifi cant/landmark trees per 5,000SF of lot area. Commercial and Civic: 4 signifi cant/landmark trees per 5,000 SF of lot area. Shrubs within Development Parcel At least one shrub must be planted for every 750 square feet of total lot area. If the calculation results in a fraction, round up to the next whole number. This requirement includes shrubs planted in surface parking areas. Page 355 of 449 Green Space and Stewardship45February 2025 This page has been intentionally left blank. Page 356 of 449 Nine Mile Creek Regional Trail and wetland during the summer. Image Source: Mend Collaborative Page 357 of 449 Getting Around Safely 06 Provide safe and accessible multi-modal transportation options within and around the district. Page 358 of 449 Getting Around SafelyMap Legend Nine M i l e C r e e k T r a i l Ni n e M i l e C r e e k T r a i l HWY 169HWY 169Londonderry Road Londonderry Drive The L o d e n A p t s Children’s Business Campus Dovre Drive Lincoln DriveParking Garage The Londonderry Shops MPLS Area Realtors Offi ceOffi ce IndustrialIndustrial Industrial + Offi ce Existing Drive Surfacing Nine Mile Creek Trail Existing Buildings 100 Year Flood Extents Existing Parkland Property Existing Trees Proposed Trees Existing Sidewalks Proposed Sidewalks Intersection Improvement Commercial/Retail Rezone Art Opportunity Contour Lines Proposed Trail Extension Economic Development and Business48 February 2025 Trail Rest Area (TRPD) Trail Seating Area (Edina) S13 S13 S13 Page 359 of 449 Getting Around SafelyGetting Around Safely 49February 2025 Full Recommendation: Improve intersections for pedestrian safety. S13 | Improve Intersections To improve pedestrian safety, consideration should be given to traffi c calming treatments within the study area. Example treatments include tight curb radii, curb extensions, pedestrian refuge islands, medians and raised crosswalks. Key intersections to prioritize improvements include Lincoln Drive/Londonderry Road, Lincoln Drive/Dovre Drive, and the entrance to the Londonderry Shops. Another potential improvement is a raised intersection. This is a traffi c calming feature that elevates the entire intersection to the level of the surrounding sidewalks, slowing vehicular traffi c and making the space more pedestrian- friendly. This design improves visibility, mobility and accessibility by creating a more seamless transition for individuals using bicycles, strollers or other mobility devices. For vehicles, raised intersections contribute to reduced speeds, safer turning movements and a lower likelihood of crashes. It is important to note that street maintenance vehicles, such as snow plows and street sweepers, can navigate these raised intersections without diffi culty. This raised intersection example is from the New York City Department of Transportation Street Design Manual. could be eligible for grant funding PROJECT$$$ As redevelopment occurs, additional engineering studies will be needed to evaluate traffi c calming solutions. Whenever possible, improvements should promote a safer, more walkable and connected community space, reinforcing a people- fi rst approach to urban design. In collaboration with Minnetonka and MnDOT, the City should also study the adjacent interchange with Highway 169 for potential improvements that promote safety for all modes of transportation. Page 360 of 449 Getting Around SafelyMap Legend Nine M i l e C r e e k T r a i l Ni n e M i l e C r e e k T r a i l HWY 169HWY 169Londonderry Road Londonderry Drive The L o d e n A p t s Children’s Business Campus Dovre Drive Lincoln DriveParking Garage The Londonderry Shops MPLS Area Realtors Offi ceOffi ce IndustrialIndustrial Industrial + Offi ce Existing Drive Surfacing Nine Mile Creek Trail Existing Buildings 100 Year Flood Extents Existing Parkland Property Existing Trees Proposed Trees Existing Sidewalks Proposed Sidewalks Intersection Improvement Commercial/Retail Rezone Art Opportunity Contour Lines Proposed Trail Extension Economic Development and Business50 February 2025 Trail Rest Area (TRPD) Trail Seating Area (Edina) S14 Page 361 of 449 Getting Around SafelyGetting Around Safely 51February 2025 Full Recommendation: Improve the pedestrian and bicycle trail connection on Londonderry Road to the Opus SWLRT station and connect to Route 38. S14 | Connect to the Opus SWLRT and Adjacent Transit Service This recommendation aims to improve biking and walking connections, particularly for commuters traveling from western Edina along the Nine Mile Creek Trail, to the Green Line Opus Station and new local Route 38. The Green Line extension and Route 38 will provide the community with quick public transit access to downtown Minneapolis and other regional destinations. Initial analysis using Strava data revealed that many cyclists prefer biking along Londonderry Road over Highway 169, rather than using the Nine Mile Creek Trail to the north beneath the highway. A new trail connection over the highway bridge would offer a more direct route, saving approximately five minutes of biking time to the Opus Area Station. These improvements should include a barrier between the bridge trail and roadway, and new sidewalks and on-street bike lanes on Bren Road in Minnetonka. Implementing this recommendation extends beyond the boundaries of this small area plan and will require collaboration with MNDOT and the City of Minnetonka to bring the recommendation to fruition. The current sidewalk condition allows an appropriate width for a 10’ multi-use trail. Image source: Mend Collaborative. The trail to the Opus Green Line Station could be eligible for grant funding PROJECT$$ Page 362 of 449 Getting Around SafelyMap Legend Nine M i l e C r e e k T r a i l Ni n e M i l e C r e e k T r a i l HWY 169HWY 169Londonderry Road Londonderry Drive The L o d e n A p t s Children’s Business Campus Dovre Drive Lincoln DriveParking Garage The Londonderry Shops MPLS Area Realtors Offi ceOffi ce IndustrialIndustrial Industrial + Offi ce Existing Drive Surfacing Nine Mile Creek Trail Existing Buildings 100 Year Flood Extents Existing Parkland Property Existing Trees Proposed Trees Existing Sidewalks Proposed Sidewalks Intersection Improvement Commercial/Retail Rezone Art Opportunity Contour Lines Proposed Trail Extension Economic Development and Business52 February 2025 Trail Rest Area (TRPD) Trail Seating Area (Edina) S15 Page 363 of 449 Getting Around SafelyGetting Around Safely 53February 2025 S15 | Create a New Boardwalk Connection Full Recommendation: Create a new northern boardwalk connection off of the existing Nine Mile Creek Trail boardwalk either to Lincoln Drive or to Malibu Drive. Edina’s Parks, Recreation, and Trails Strategic Plan proposes a connection to the neighborhoods north of Lincoln and Londonderry via the Nine Mile Creek Trail, aiming to enhance walkability and connectivity to existing and future services in the area. Extending the trail through this critical wetland ecosystem will require close collaboration with the Three Rivers Park District to ensure compliance with their trail standards and environmental protections. Two options for this connection are under consideration: the 2015 report suggests a trail parallel to the highway, linking back to Lincoln Drive at the North and Lincoln Apartments. An alternative proposes connecting the trail at Malibu Drive, which would reduce the impact on the wetland ecosystem. Continued collaboration with the community and the Nine Mile Creek Watershed District will be essential to determine which option best integrates into the neighborhood while minimizing negative environmental impacts. Boardwalk connection options to Oaks Lincoln Apartment and to Malibu Drive. Image Source: Mend Collaborative Option A: Connection to Oaks Lincoln Apartments Option B: Connection to Malibu Drive could be eligible for grant funding PROJECT$$$ Page 364 of 449 Getting Around SafelyMap Legend Nine M i l e C r e e k T r a i l Ni n e M i l e C r e e k T r a i l HWY 169HWY 169Londonderry Road Londonderry Drive The L o d e n A p t s Children’s Business Campus Dovre Drive Lincoln DriveParking Garage The Londonderry Shops MPLS Area Realtors Offi ceOffi ce IndustrialIndustrial Industrial + Offi ce Existing Drive Surfacing Nine Mile Creek Trail Existing Buildings 100 Year Flood Extents Existing Parkland Property Existing Trees Proposed Trees Existing Sidewalks Proposed Sidewalks Intersection Improvement Commercial/Retail Rezone Art Opportunity Contour Lines Proposed Trail Extension Economic Development and Business54 February 2025 Trail Rest Area (TRPD) Trail Seating Area (Edina) S16 S16 Page 365 of 449 Getting Around SafelyGetting Around Safely 55February 2025 S16 | Improve Desire Lines Full Recommendation: Improve desire lines” to Children’s, the Loden, and the Londonderry Shops. Circulation pattern data in Lincoln and Londonderry reveal several well-defi ned desire lines, where pedestrians have created informal routes to make walking more effi cient or enjoyable. These paths cut through existing lawn areas at the Londonderry Shops and behind the Children’s Campus, indicating a need for improved circulation loops to better connect key destinations in the area. At the Londonderry Shops, the recommendation includes adding an accessible ramp from the parking lot to the street corner to improve pedestrian access. Additionally, Loden residents currently navigate informal paths behind the Children’s Campus “back of house” area to reach the Nine Mile Creek Trail. This recommendation suggests establishing a clearly defi ned trail for residents. The purple line on the left shows an accessible sidewalk down to the Lincoln and Londonderry intersection. People often travel down this inaccessible slope to reach the sidewalk at Lincoln Drive and Londonderry Road. could be eligible for grant funding PROJECT$$ Page 366 of 449 Getting Around SafelyMap Legend Nine M i l e C r e e k T r a i l Ni n e M i l e C r e e k T r a i l HWY 169HWY 169Londonderry Road Londonderry Drive The L o d e n A p t s Children’s Business Campus Dovre Drive Lincoln DriveParking Garage The Londonderry Shops MPLS Area Realtors Offi ceOffi ce IndustrialIndustrial Industrial + Offi ce Existing Drive Surfacing Nine Mile Creek Trail Existing Buildings 100 Year Flood Extents Existing Parkland Property Existing Trees Proposed Trees Existing Sidewalks Proposed Sidewalks Intersection Improvement Commercial/Retail Rezone Art Opportunity Contour Lines Proposed Trail Extension Economic Development and Business56 February 2025 Trail Rest Area (TRPD) Trail Seating Area (Edina) S17 S17 S17 Page 367 of 449 Getting Around SafelyGetting Around Safely 57February 2025 S17 | Add Trees Along Lincoln Drive West Full Recommendation: Add street trees and sidewalks to the west side of Lincoln Drive. To improve safety, comfort, and accessibility, this recommendation proposes adding a sidewalk along the western edge of Lincoln Drive, complemented by a tree-lined boulevard. This recommendation suggests development outside of the existing western curb line to limit cost during this phase of design. The property line currently abuts Lincoln Drive along the western curb, so implementing this recommendation will require collaboration with business owners. The sidewalk should be at least 6 feet wide, with a minimum 6-foot-wide tree boulevard and/ or bioswale. This will be consistent the with bioswales recommended in S9 on page 39. proposed sidewalk existing Nine Mile Creek Trailexisting shoulder proposed bioswale proposed trees 6’-0”6’-0” 50’-0” 12’-0”12’-0”12’-0”7’-0” existing cross section A well-designed, accessible walking path enhances walkability, making it easier for people to visit businesses and services along Lincoln Drive. For future development, these improvements will establish a foundation for a more pedestrian- friendly environment, contributing to a vibrant, connected streetscape that can attract new businesses and residents. The addition of street trees increases shade, provides habitat, and adds a vegetative buffer to separate residential from industrial/commercial spaces. could be grant eligible or costs could passed along to adjacent proprietiesPROJECT$$$ Page 368 of 449 Getting Around SafelyGetting Around Safely58 February 2025 S18 | Advocate for Local Transit Service Full Recommendation: Request Bus Service west to the Light Rail Station. To prepare for the opening of the Opus Light Rail Station in 2027, this recommendation prioritizes the addition of a bus service connection at the corner of Lincoln Drive and Londonderry Road, and to request extending the local bus route 38 across highway 169. This improvement aims to enhance multi modal connectivity for the community and provide equitable access to the expanded transit network. Metro Transit’s newly released Network Now process has suggested that the area around Opus Station in Minnetonka should be a “Metro micro” zone, which is described as follows: “Metro micro is the Met Council’s shared ride, curb-to-curb microtransit service allowing customers to be picked up and dropped off at any location within a designated service area. Customers can request a trip by phone or using a smartphone app, similar to the experience of using private transportation services like Uber and Lyft. Trips are shared, which means that during any given ride, other individuals requesting service to or from nearby locations may also be picked up or dropped off.” The proposed Metro micro zones in the Draft Network Now plan. The City should advocate for this service to include the Lincoln and Londonderry area. This bus service will offer an alternative for users who are not drivers, cyclists, or pedestrians, empowering individuals with limited transportation access to travel independently. Additionally, because there will be limited “park and ride” spots available at the Opus Light Rail Station, this service could help commuters from the neighborhood reach the Opus station without the need to drive a personal vehicle, walk, or bike. It also provides a fl exible, reliable transit option for those commuting to downtown, neighboring areas, or regional destinations via the Green Line.POLICYno cost Lincoln and Londonderry Page 369 of 449 Getting Around SafelyGetting Around Safely 59February 2025 This page has been intentionally left blank. Page 370 of 449 Open House at Walnut Ridge Park. Image Source: Mend Collaborative Page 371 of 449 Community Involvement and Visionary Planning 07 Foster a forward-thinking approach to development that involves the community. Page 372 of 449 62Community Involvement and PlanningFebruary 2025 Full Recommendation: Develop community branding and consolidate signage and wayfi nding. S19 | Develop Community Branding This effort proposes not only developing community branding through signage but also prioritizing practical and effective wayfi nding solutions along the trail and and in locations that will guide people to local businesses. Interviews with business owners identifi ed this as a very important priority, highlighting the critical role wayfi nding plays in driving traffi c to businesses and enhancing the visitor experience. Collaboration among multiple jurisdictions and stakeholders—including the City of Edina, the Nine Mile Creek Watershed District, the Minnesota Department of Transportation, and individual business owners—will be essential to ensure the wayfi nding system is functional, user-friendly, and refl ective of the area’s unique character. By addressing these wayfi nding needs, the fi nal signage can both support local businesses and create a cohesive identity for the community that feels authentic to its neighbors, users, and stakeholders. A cohesive signage suite can be developed to provide several options for multiple different signage types. Image Source: https://www.brentharley.com/whistler-wayfi nding- implementation/ would likely utilize City funding PROJECT$ Page 373 of 449 63 Community Involvement and PlanningFebruary 2025 Full Recommendation: Build community support and promote inclusivity around future area improvements and development with the neighbors of the area. S20 | Develop Community Support All recommendations in this small area plan rely on close collaboration between diverse stakeholders to ensure successful implementation. This plan serves as a guiding framework, emphasizing the importance of a community- centered process where residents are actively engaged and their input is valued. Throughout the planning process, Edina residents participated, sharing their perspectives and priorities. This small area plan aims to refl ect those community priorities while aligning with the city’s vision and goals for the future. The continued involvement of the community will be essential as the plan evolves and recommendations are put into action. Site walk from April of 2024. Image Source: Mend Collaborative September community engagement event. Image Source: Mend CollaborativePOLICYno cost Page 374 of 449 Capacity-Dependent Recommendations 1. Master Plan Mixed Use Development 2. Rezone for Development 3. Request a Noise Wall 4. Establish a New Central Green Space 5. Establish Smaller Blocks Actions that require upgrades to the sewer system to enable increased development. Page 375 of 449 Long-Term Visioning 08 Page 376 of 449 Map Legend Nine M i l e C r e e k T r a i l Ni n e M i l e C r e e k T r a i l HWY 169HWY 169Londonderry Road Londonderry Drive Th e L o d e n A p t s Dovre Drive Malibu D r i v e Lincoln DriveParking Garage The Londonderry Shops MPLS Area Realtors Offi ce Drive Surfacing Nine Mile Creek Trail + Extensions Existing Buildings Proposed Buildings 100 Year Flood Extents Existing Parkland Property Existing Trees Proposed Trees Sidewalks Intersection Improvement Contour Lines Long Term VisioningEconomic Development and Business66 Trail Rest Area (TRPD) Trail Seating Area (Edina) February 2025 L1 Page 377 of 449 67 Long Term VisioningFebruary 2025 Full Recommendation: Master plan mixed use development for future redevelopment on the Children’s site, prioritizing new housing, with a preference for multifamily apartments and townhomes. L1 | Master Plan Mixed Use Development As of 2025, the Children’s Campus building and its adjacent parking garage are only about 10-20% occupied. This parcel, currently zoned for mixed use, is identifi ed in this plan as a priority for future redevelopment given the sewage capacity limitations are resolved. The master plan envisions transforming the site to accommodate multifamily housing, including apartments or townhomes. As illustrated in the accompanying graphic (outlined in the map on page 66), the proposed multifamily development will feature a compact design with internal courtyards, providing shared outdoor spaces for residents. The plan also emphasizes preserving the existing green space along Nine Mile Creek to the north. To make effi cient use of the existing infrastructure, retaining and retrofi tting the parking garage south of the Children’s Campus building should be explored. Apartments could be designed to wrap around the garage, seamlessly integrating it into the new development and supporting future residential needs. The new apartments will integrate the natural topography of the site, with buildings generally limited to a height of four stories to minimize the visual impact of potential buildings to an otherwise natural setting. Additional height may be considered where it is deemed appropriate in order to achieve other goals described in this plan or other guiding documents. During the community engagement event in September, attendees in person and online showed a preference for development that uses natural materials, and has mature canopy coverage. Image Sources: https://www.dwell.com/ article/10-green-commercial-buildings-5228666a, https:// www.fi nehomebuilding.com/project-guides/framing/ contemporary-hybrid-timber-framePOLICYno cost Page 378 of 449 Map Legend Nine M i l e C r e e k T r a i l Ni n e M i l e C r e e k T r a i l HWY 169HWY 169Londonderry Road Londonderry Drive Th e L o d e n A p t s Dovre Drive Malibu D r i v e Lincoln DriveParking Garage The Londonderry Shops MPLS Area Realtors Offi ce Drive Surfacing Nine Mile Creek Trail + Extensions Existing Buildings Proposed Buildings 100 Year Flood Extents Existing Parkland Property Existing Trees Proposed Trees Sidewalks Intersection Improvement Contour Lines Long Term VisioningEconomic Development and Business68 Trail Rest Area (TRPD) Trail Seating Area (Edina) February 2025 L2 Page 379 of 449 69 Long Term VisioningFebruary 2025 Full Recommendation: Guide land use for new commercial, retail, light industrial and residential development north of Londonderry Road based on the “Rightsize Development” strategy. Pending resolution of sewage capacity limitations, this master plan envisions opportunities for new commercial, retail, light industrial, and residential development north of Londonderry Road. The proposed development strategy prioritizes commercial, retail, and light industrial uses along the highway frontage, with parking lots positioned immediately adjacent to the highway. Potential uses in this area could include three- story ownership townhomes with ground-fl oor parking, four-story mixed-use apartment buildings featuring retail or commercial spaces such as convenience stores, coffee shops, or restaurants on the fi rst fl oor. A key feature of this plan is the inclusion of central green spaces (see Recommendation L4), thoughtfully designed to foster a sense of care and connection among residents, mitigate urban heat island effects, and enhance the overall quality of life and health for the future community. Development should prioritize sustainable, climate- appropriate materials and tree canopy coverage. Natural materials, including stone and visible wood framing, must be used. (more detail provided on pg 21). Image Source: https://adp-architecture.com/projects/ elmsbrook-local-centre-at-the-heart-of-the-uks-fi rst-true- zero-carbon-development/ L2 | Rezone for Development POLICYno cost Page 380 of 449 Map Legend Nine M i l e C r e e k T r a i l Ni n e M i l e C r e e k T r a i l HWY 169HWY 169Londonderry Road Londonderry Drive Th e L o d e n A p t s Dovre Drive Malibu D r i v e Lincoln DriveParking Garage The Londonderry Shops MPLS Area Realtors Offi ce Drive Surfacing Nine Mile Creek Trail + Extensions Existing Buildings Proposed Buildings 100 Year Flood Extents Existing Parkland Property Existing Trees Proposed Trees Sidewalks Intersection Improvement Contour Lines Long Term VisioningEconomic Development and Business70 Trail Rest Area (TRPD) Trail Seating Area (Edina) February 2025 L3 L3 Page 381 of 449 71 Long Term VisioningFebruary 2025 To enhance conditions for future development, it is recommended to request a noise wall from the Minnesota Department of Transportation (MnDOT) through the Noise Barrier Program. Precedents such as the noise wall just north of Lincoln and Londonderry at the Cottages of Edina and the Oaks Lincoln Apartments can serve as valuable references. The noise wall should be complemented by a dense vegetative buffer, consisting of trees and greenery, to further reduce noise, mitigate air pollution, and create a strong visual barrier for the proposed neighborhood. Together, the noise wall and vegetative buffer will enhance the sense of safety and enclosure, contributing to improved health and wellness for the immediate residents. L3 | Request a Noise Wall Full Recommendation: Request a noise wall and plant a vegetated buffer along 169 to improve conditions for development and reduce noise and pollution impacts. Noise wall just north of Lincoln and Londonderry at the Cottages of Edina. Image Source: Google Maps costs would be absorbed by adjacent development PROJECT$$ Page 382 of 449 Map Legend Nine M i l e C r e e k T r a i l Ni n e M i l e C r e e k T r a i l HWY 169HWY 169Londonderry Road Londonderry Drive Th e L o d e n A p t s Dovre Drive Malibu D r i v e Lincoln DriveParking Garage The Londonderry Shops MPLS Area Realtors Offi ce Drive Surfacing Nine Mile Creek Trail + Extensions Existing Buildings Proposed Buildings 100 Year Flood Extents Existing Parkland Property Existing Trees Proposed Trees Sidewalks Intersection Improvement Contour Lines Long Term VisioningEconomic Development and Business72 Trail Rest Area (TRPD) Trail Seating Area (Edina) February 2025 L4 L4 V Page 383 of 449 73 Long Term VisioningFebruary 2025 In alignment with the short-term recommendation S7, which calls for creating a community gathering space during redevelopment, this plan proposes the establishment green spaces. These green spaces balance the built environment with greenery and open space north of Londonderry Road and at the entrance to Nine Mile Creek. They become a natural landmark, providing a clear point of reference for residents, visitors, and workers, and also serve as an extension of habitat for the wildlife that reside in L4 | Establish New Green Spaces Full Recommendation: Establish new central green spaces to buffer residential uses from retail, industrial, and commercial uses. North Londonderry Green SpaceV the Nine Mile Creek wetland just east of the site. They provide a buffer between retail, industrial, and commercial spaces and should prioritize canopy coverage, water fi ltration, native plantings, shade, and safety. By prioritizing these elements, central green spaces will not only enhance the physical environment but also foster a sense of community, encourage social interaction, and support the health and well-being of everyone in the area. Land would be dedicated by developers, design and construction would likely be city fundedPROJECT$$$ Page 384 of 449 Map Legend Nine M i l e C r e e k T r a i l Ni n e M i l e C r e e k T r a i l HWY 169HWY 169Londonderry Road Londonderry Drive Th e L o d e n A p t s Dovre Drive Malibu D r i v e Lincoln DriveParking Garage The Londonderry Shops MPLS Area Realtors Offi ce Drive Surfacing Nine Mile Creek Trail + Extensions Existing Buildings Proposed Buildings 100 Year Flood Extents Existing Parkland Property Existing Trees Proposed Trees Sidewalks Intersection Improvement Contour Lines Long Term VisioningEconomic Development and Business74 Trail Rest Area (TRPD) Trail Seating Area (Edina) February 2025 L5 Page 385 of 449 75 Long Term VisioningFebruary 2025 This recommendation aims to improve the safety and fl ow of both pedestrian, bicycle and vehicular movement in future development. By subdividing the parcels north of Londonderry Road into smaller blocks and incorporating a frontage road for primary vehicle movement and parking, the design minimizes vehicular confl icts and improves safety for non-motorized users. Vehicles will be directed to enter the new development area before Dovre Drive to reduce through traffi c and enhance the overall safety of the area. Smaller blocks are essential for improving connectivity and walkability, creating a safer and more accessible environment for pedestrians and cyclists. Roadway alignments have been designed to align with existing parcels, facilitating their integration as redevelopment occurs. All roads will include accessible sidewalks and be designed to foster the feeling of a safe, welcoming neighborhood while reducing congestion and prioritizing non-motorized transportation. The addition of turn-in options to reach businesses north of Londonderry Road will help direct traffi c towards development rather than towards Dovre Drive. Image Source: Google Maps L5 | Redesign Circulation Full Recommendation: Redesign circulation to establish smaller blocks and direct traffi c closer to the highway. Developer is responsible for land dedication, design, and construction. Some fi nancial assistance from the City may be necessary.PROJECT$$$ Page 386 of 449 Map Legend Nine M i l e C r e e k T r a i l Ni n e M i l e C r e e k T r a i l HWY 169HWY 169Londonderry Road Londonderry Drive Th e L o d e n A p t s Dovre Drive Malibu D r i v e Lincoln DriveParking Garage The Londonderry Shops MPLS Area Realtors Offi ce Drive Surfacing Nine Mile Creek Trail + Extensions Existing Buildings Proposed Buildings 100 Year Flood Extents Existing Parkland Property Existing Trees Proposed Trees Sidewalks Intersection Improvement Contour Lines Long Term VisioningEconomic Development and Business76 Trail Rest Area (TRPD) Trail Seating Area (Edina) February 2025 L6 Page 387 of 449 77 Long Term VisioningFebruary 2025 Building on recommendation S17, which calls for adding street trees and sidewalks to the west side of Lincoln Drive, this recommendation proposes redesigning Lincoln Drive north of Londonderry Road into a vibrant greenway. Greenways combine transportation routes with green space, offering a balance between mobility and nature. They improve urban quality of life by promoting sustainable transportation, reducing environmental impacts, and creating accessible public spaces for the community. Lincoln Drive, with its 50-foot right-of-way, has ample space to incorporate two additional 6-foot-wide fi ltration swales with trees, enhancing stormwater management while providing natural L6 | Redesign Lincoln Drive Full Recommendation: Redesign Lincoln Drive as a greenway. existing trees 9 Mile Creek Trailbioswalebioswale proposed trees proposed trees 11’-0”11’-0” 50’-0” 12’-0”6’-0”6’-0” already compete in S17 beauty along the corridor. These swales will serve as a buffer between pedestrian and vehicle traffi c, improving both safety and aesthetics. The greenway design will also preserve the necessary vehicular travel lanes to accommodate cars and trucks accessing future uses along the road. Incorporating street trees, shrubs, and other native plantings into the greenway will help reduce the urban heat island effect, improve air quality, and fi lter water before entering Nine Mile Creek. Could be grant eligible PROJECT$$$ Page 388 of 449 Walnut Ridge Open House. Image Source: Mend Collaborative Page 389 of 449 79 ImplementationFebruary 2025 09 Implementation Page 390 of 449 80Implementation February 2025 Implementation The successful implementation of the Lincoln and Londonderry Small Area Plan will require concerted effort from the City of Edina, private landowners, and other key stakeholders. As a reader of this plan, your role will be vital in transforming this vision into reality. The success of the plan relies on creating a vibrant, accessible, and sustainable community with improved housing, transportation, public spaces, and a fl ourishing local economy. Working together, these efforts will help ensure that the Lincoln and Londonderry area evolves into a welcoming gateway to western Edina, where people can live, work, and gather in an eco-friendly, well-connected environment. Implementers The City of Edina will play a central role in leading the implementation of the plan, with private landowners as key partners. The City will provide resources, policy leadership, and fi nancial support, while private landowners will drive development and investment in the area. Effective coordination between the City, private landowners, and other stakeholders will be crucial to ensuring that the plan’s vision is realized. The City’s leadership will include overseeing necessary infrastructure improvements, facilitating zoning changes, and securing public funding for key projects when necessary. Private landowners will be responsible for implementing development projects such as residential, commercial, and mixed use developments, to ensure that they align with the plan’s vision, goals, and design guidelines. The City will also coordinate with other public partners when necessary. Coordination with the Three Rivers Park District, the Minnesota Department of Transportation, and the City of Minnetonka will be necessary to implement the plan. Types of Recommendations The Lincoln and Londonderry Small Area Plan includes two main types of recommendations, each of which will require collaboration from both the City of Edina and private landowners. Projects These recommendations focus on tangible improvements to the built environment, such as new housing, improved streetscapes, public spaces, and infrastructure. Projects like the creation of parks, the construction of bike lanes, or upgrading infrastructure will be key priorities. The City will oversee larger public infrastructure projects, while private landowners will lead development efforts in coordination with City policies. Programs Programs refer to community-driven activities or services that enhance the quality of life, such as a new program to encourage different types of landscape maintenance. These programs may be initiated by private organizations or community groups, but the City can support them through funding and policy alignment, or they can be developed by the City. Policies Policies shape the long-term growth and development of the area, including zoning changes, economic development strategies, and affordable housing initiatives. These recommendations will require the active support and leadership of the City of Edina to ensure that policies are adopted and implemented in alignment with the overall vision for the Lincoln and Londonderry area. Page 391 of 449 81 ImplementationFebruary 2025 Funding Sources The Lincoln and Londonderry Small Area Plan will require a combination of funding sources to ensure its successful implementation. These include: Government Grants and Funding • Federal Grants: These funds can be used for large-scale projects like infrastructure improvements, environmental sustainability efforts, or affordable housing. The City of Edina will typically apply for these grants to secure funding for projects. • State Grants: These funds may support initiatives such as public parks, streets, or public health programs that improve community well-being. • Local Government Funds: The City can allocate local funds for infrastructure improvements, street upgrades, or public space enhancements. Private Investment and Grants Real Estate Development: Private developers will play a critical role by investing in mixed use developments, residential complexes, and commercial spaces that align with the area’s vision. Investment from private entities will drive much of the physical growth and revitalization in the Lincoln and Londonderry area. Business Expansion: Entrepreneurs and business owners may contribute to revitalizing the area by opening new shops, restaurants, or offi ce spaces, thus creating jobs and stimulating the local economy. Foundation Grants: Private foundations can fund specifi c initiatives, such as community arts projects, environmental conservation, or public space improvements. Tax Incentives and Financing Tax Credits: These special incentives can encourage investment in projects like affordable housing development or the revitalization of underutilized buildings. Tax Increment Financing (TIF): TIF allows the City to capture future property taxes to fund current development projects, such as infrastructure or park improvements. Working Group kickoff walk. Source: Mend Collaborative Image Source: Mend Collaborative Page 392 of 449 82Implementation February 2025 City Policy The City of Edina has numerous policies which guide new and existing development in the City. These policies are regularly updated based on community preferences, best practices, and current conditions. As this plan looks far into the future, it is possible that some City policies may change prior to new development. New development will always be required to follow current city policies. Below are some policies which will be especially important to review as new development is planned. Affordable Housing: The City of Edina has established an Affordable Housing Policy to support a diverse population and ensure housing availability for those living or working in the city. The policy applies to all new multi-family developments of 20 or more units requiring rezoning or a Comprehensive Plan amendment. It mandates that rental projects reserve 10% of rentable area at 50% affordable rates or 20% at 60% rates, while for-sale developments allocate 10% of livable area at affordable prices. Affordable units must provide equal amenities, parking, and design quality as market-rate units and remain affordable for 20 years (rentals) or 30 years (ownership) under a Land Use Restrictive Covenant. Developers are incentivized through measures like density bonuses and tax increment fi nancing, though alternatives such as off-site units or cash payments may be allowed if on-site affordability is not feasible. The policy aims to balance affordability goals with practical development constraints. Climate Action: The City of Edina has a strong history of leadership in sustainability. In response to growing concerns about the climate crisis, the City initiated a Climate Action Plan in 2021, developed with paleBLUEdot, to enhance climate resilience and reduce greenhouse gas (GHG) emissions. Aligned with international and local goals, Edina aims to reduce GHG emissions by 45% below 2019 levels by 2030 and achieve net-zero emissions by 2050. The plan highlights the challenges posed by climate change, including its disproportionate impact on vulnerable populations, and emphasizes the opportunities for renewable energy, innovation, and equity. As a “living plan,” it incorporates progress measurement and adaptive strategies to ensure its goals are met, providing a framework for implementation, monitoring, and continual adjustment to advance sustainability and climate resilience. Monitoring and Reporting Ongoing monitoring and reporting are essential to ensure that the Lincoln and Londonderry Small Area Plan remains on track. The City of Edina will be responsible for tracking progress on key initiatives, including infrastructure improvements, zoning changes, and development projects. Regular updates will be provided to the public and stakeholders to maintain transparency and accountability. This monitoring process will also help identify areas that need adjustment and ensure that the plan’s goals are met. Through strong coordination between the City of Edina, private landowners, and community stakeholders, the Lincoln and Londonderry Small Area Plan can transform this area into a vibrant, sustainable, and connected community by 2050. Climate Action QR Code Affordable Housing QR Code Page 393 of 449 February 2025 End of Document Page 394 of 449 d ITEM REPORT Date: November 18, 2025 Item Activity: Approve Meeting: City Council Agenda Number: 9.3 Prepared By: Scott Neal, City Manager Item Type: Report & Recommendation Department: Administration Item Title: Ordinance No. 2025-17: Amending Chapter 22 of the Edina City Code to Create a New Article XI Concerning Firearms Action Requested: Grant first reading of Ordinance No. 2025-17. Information/Background: City staff, at the request of the City Council at your October 22 meeting, have prepared a proposed gun safety ordinance for the Council’s consideration at your November 18 Council meeting. The proposed ordinance was prepared by the City Attorney and is based on a similar ordinance adopted by the City of St. Paul on November 12, 2025. Supporting Documentation: 1. Ordinance No. 2025-17: Amending Chapter 22 of the Edina City Code to Create a New Article XI Concerning Firearms Page 395 of 449 237671v2 ORDINANCE NO. 2025-17 AN ORDINANCE AMENDING CHAPTER 22 OF THE EDINA CITY CODE TO CREATE A NEW ARTICLE XI CONCERNING FIREARMS THE CITY COUNCIL OF EDINA ORDAINS: Section I. Chapter 22 - MISCELLANEOUS OFFENSES of the Edina City Code is amended to add the following new Article XI. - FIREARMS: ARTICLE XI. - FIREARMS Sec. 22-314. - Purpose. The City Council finds that there is a public safety and welfare crisis resulting from gun violence in the City. The City finds that semi-automatic military-style assault weapons, ghost guns, large- capacity magazines, and binary triggers have not commonly been used for self-defense purposes, yet these firearms and firearm modifications inherently have a significantly higher capacity for causing damage, injury, and death compared to ordinary firearms used for lawful self-defense purposes. The City finds it necessary for the public safety and welfare to regulate such firearms and firearm modifications to mitigate the damage, injury, and death posed by use of such weapons for non-lawful purposes. Sec. 22-315. - Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Assault weapon means a semiautomatic military-style assault weapon, as defined in Minnesota Statutes, Section 624.712, subd. 7 and as listed by the Bureau of Criminal Apprehension in accordance with Minnesota Statutes, Section 624.712, subd. 8, as may amended from time to time. Binary trigger means a device, mechanism, component, or part designed, marketed, created, or assembled as part of a firearm to discharge one round of ammunition when the trigger is pulled and an additional round of ammunition when the trigger is released. Firearm means a firearm, as defined in Minnesota Statutes, Section 97A.015, subd. 19, as may be amended from time to time, but not including firearms collected as part of the licensed curation of relic firearms/curios per 27 C.F.R. 478. Firearm component means any component or part that is designed, manufactured, created, printed, or assembled to form part of a firearm. Page 396 of 449 Ordinance 2025-17 2 237671v2 Ghost gun means any firearm or firearm component not marked with a serial number required under federal, state, or local law, whether manufactured, assembled, or constructed in whole or in part by any person. Ghost gun does not include any firearms manufactured prior to 1968, antique firearms as defined in Title 18, Section 921(a)(16) of the United States Code, or firearms incapable of discharging a shot by means of an explosive or otherwise incapable of being restored to a firing condition. Large capacity magazine means any ammunition feeding device, whether accessory to a firearm or a firearm component, that has a capacity of more than twenty (20) rounds or is designed, marketed, created, or assembled to have a capacity of more than twenty (20) rounds. A large capacity magazine does not include a tubular magazine that is contained in a lever- action firearm or a .22 caliber fixed tubular magazine. Locking device means a firearm component, firearm accessory, or external device or mechanism that renders a firearm inaccessible, inoperable, or both. A locking device includes but is not limited to biometric locks, trigger locks, barrel locks, cylinder locks, gun vaults, locked cabinets, locked boxes, or any other locked container where a key is kept separate from the container and not readily available to an unauthorized person. Person means any individual, partnership, corporation, association, or other legal entity. Unauthorized person means a person who is not the owner of the firearm, does not have permission from the owner of the firearm to possess the firearm, a person under the age of 18 years old, or a person who is otherwise prohibited under federal, state, or local law from possessing the firearm. Sec. 22-316. - Prohibited Acts. (a) Possession. No person shall possess an assault weapon, large capacity magazine, binary trigger, or ghost gun within the City. (b) Manufacturing. No person shall manufacture, produce, assemble, or construct an assault weapon, large capacity magazine, binary trigger, or ghost gun within the City. (c) Sale or transfer. No person shall sell, transfer, or import an assault weapon, large capacity magazine, binary trigger, or ghost gun within the City. (d) Negligent storage. No person shall negligently store or leave a loaded or unloaded firearm unattended in a location where the person knows or reasonably should know that an unauthorized person is likely to gain access to the firearm. It shall not constitute negligent storage for a person to take reasonable steps to secure a firearm against unauthorized access with a locking device. Sec. 22-317. - Exceptions. Page 397 of 449 Ordinance 2025-17 3 237671v2 The prohibitions in section 22-316 do not apply in the following circumstances: (a) Active or reserve federal, state, county, or municipal law enforcement officers, including members of the armed forced of the United States, National Guard, and reserves, where the officer or member is duly authorized to perform a prohibited act within the scope of their official duties; (b) Persons transporting a prohibited firearm or firearm component through the City, provided that such firearm or firearm component is unloaded and in a locked container and the transport otherwise complies with all applicable federal, state, and local laws; (c) Persons transporting a prohibited firearm or firearm component to a law enforcement agency, military agency, federal firearms licensee, or other entity lawfully permitted to receive such firearms for disposal, sale, resale, or transfer occurring outside of the City and the transport otherwise complies with all applicable federal, state, and local laws; and (d) Persons actively using a prohibited firearm or firearm component for lawful self-defense purposes. Sec. 22-318. - Penalties. (a) Each day that a violation of section 22-317 continues is a misdemeanor offense subject to imprisonment for not more than 90 days, payment of a fine not to exceed $1,000, or both. (b) Nothing in this section shall preclude the City from seeking injunctive or equitable relief in addition to or in lieu of criminal prosecution to prevent or abate violations of this Article. Sec. 22-319. – Effective Date. This Article shall not be effective or enforced until the date the City Council certifies by resolution that this Article is not preempted by state law. Sec. 22-320. - Severability. If any portion of this Article is held invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, that portion shall be severed and the remaining portions of this Article remain in full force and effect. Section II. This ordinance shall be effective upon passage and publication, and passage of a resolution by the City Council certifying that this ordinance is not preempted by state law. Page 398 of 449 Ordinance 2025-17 4 237671v2 ADOPTED this 2nd day of December, 2025, by the City Council of the City of Edina, Minnesota. First Reading: November 18, 2025 Second Reading: December 2, 2025 ATTEST: _____________________________________ ____________________________________ Sharon Allison, City Clerk James B. Hovland, Mayor Please publish in the Edina Sun Current on _____ Send one affidavit of publication Bill to Edina City Clerk Page 399 of 449 d ITEM REPORT Date: November 18, 2025 Item Activity: Approve Meeting: City Council Agenda Number: 9.4 Prepared By: Bill Neuendorf, Economic Dev Mgr Item Type: Report & Recommendation Department: Community Development Item Title: Resolution No. 2025-101: Amending the Spending Plan for the Southdale 2, Pentagon Park and 70th and Cahill Tax Increment Financing Districts Action Requested: Approve Resolution 2025-101 amending the Spending Plan for the Southdale 2, Pentagon Park and 70th and Cahill Tax Increment Financing Districts Information/Background: This item pertains to amending a Spending Plan that was previously approved in 2021. This original Spending Plan was responsive to 2021 State Legislation and guides the expenditures of previously collected property taxes contained within Tax Increment Financing (TIF) District accounts. The amendment will bring this Spending Plan into alignment with new state legislation approved in 2025. Staff presented the proposed amendment to the Edina HRA on September 25th and City Council on October 22nd. The Public Hearing on this matter closed on October 26th. Staff will briefly summarize the proposal and be available for questions. Staff recommends that this Resolution be approved. Resources/Financial Impacts: No direct impact since these tax monies have already been collected and retained in restricted TIF accounts that cannot be used for general fund expenses. Staff will review future Special Projects and Redevelopment Capital (SPARC) expenditures as part of their regular duties. Relationship to City Policies: Comprehensive Plan Budget Pillar: Strong Foundation Livable City Better Together Page 400 of 449 Values Impact: Sustainability Renovating older buildings will use modern materials with increased levels of sustainability. Stewardship Using available financial resources to encourage a strong, healthy and vibrant tax base is desirable. Equity Establishing programs that support small businesses is helpful to the local economy. Supporting Documentation: 1. Staff Report 2. Staff Presentation 3. Resolution No. 2025-101: Amending a Spending Plan for the Southdale 2, Pentagon Park and 70th and Cahill Tax Increment Financing Districts 4. Amended and Restated Spending Plan Draft 5. Summary of SPARC Projects 10-14-2025 Page 401 of 449 Information / Background: This Resolution proposes to amend the 2021 Spending Plan that governs the expenditure of unobligated property taxes that are retained in three Tax Increment Financing (TIF) Districts. This Spending Plan guides Edina’s SPARC program which has provided vital funding to seven projects since it was created. An overview of those previously approved SPARC projects is attached. Like the original program, these recommended changes are responsive to State Law that govern the use of unobligated TIF monies. The amended Spending Plan extends the deadline to use these monies by one year (concluding December 31, 2026) and increases the total monies available in the SPARC program by including the interest earnings accumulated since 2021 (approximately $775,000). If the Spending Plan is not amended, the SPARC program will be retired at year end 2025 and any leftover monies will be returned to the original TIF account or returned to Hennepin County, as appropriate. The Edina Housing and Redevelopment Authority previously approved Resolution 2025-08 to support this amended Spending Plan. A Public Hearing is being held on October 22nd with public input being collected until October 26th. The input received to date is included in this packet. Staff recommends approval of this Resolution so that property taxes collected in the City remain in the City. These funds can help stabilize and enhance the tax base, encourage new businesses to occupy and expand challenging sites in Edina and create new jobs. - 2 page attachment Date: October 22, 2025 To: Mayor and City Council From: Bill Neuendorf, Economic Development Manager Subject: Resolution 2025-101 Amending the Spending Plan for the Southdale 2, Pentagon Park and 70th and Cahill Tax Increment Financing Districts Page 402 of 449 Resolution 2025-101 Amending Spending Plan for Southdale 2, Pentagon Park, Wooddale/ValleyView TIF Districts Staff Presentation to: Edina City Council – Public Hearing October 22, 2025 Revised November 4, 2025 Page 403 of 449 Background •2021 Minnesota Legislation allowed cities to use existing TIF monies that had not previously been obligated •Intended to accelerate the economic recovery after the COVID-19 pandemic •Intended to create new jobs •Intended to encourage new private investment •Edina created SPARC program and pledged all available monies •New 2025 state legislation allows cities to extend invest-ment deadline by one year and to include interest earnings 2 City may choose to: (1)extend deadline only, (2) extend deadline and include interest, or (3) do nothing Staff recommends #2 (revised 11-4- 2025)Page 404 of 449 Background 3 Edina had 3 TIF accounts with unobligated monies that were eligible for the 2021 MN Statute: •Pentagon Park $700,000 •Southdale 2 $8,465,062 •70th & Cahill / WVV $342,892 Original Total Pledged* $9,507,954 •Plus interest approx. $775,849 AMENDED TOTAL approx. $10,283,803 Most of the original balance has been pledged, but not all funds have been disbursed. Approx $952,750 may be available at year end. See Slide #6 for recap. (Updated 11-4-2025) Page 405 of 449 Background - State Legislation Limits how TIF Funds can be Used 4 gap TIF TIF (SPARC) monies can fill gap in private development projects including: -New construction or substantial rehabilitation of existing -Private improvements or related public improvements -NOT for staff or operational expenses -NOT for public buildings or parks -NOT for general public improvements Project must create jobs (permanent or construction) Project unable to proceed without public funding Loan, grant or equity investment Page 406 of 449 How has Edina used SPARC Funds to date? 5 Photo Source: Edina Chamber of Commerce Photo Source: Great States Development Photo Source: Oh Crepe Photo Source: Edina Sun Current Photo Source: BetterTogetherEdina.org Page 407 of 449 How has Edina used SPARC Funds to date? 6Page 408 of 449 Key Changes in the Amended Spending Plan 7 gap TIF •Old Deadline: Under previous legislation (original Spending Plan), eligible work must be completed by 12/31/2025 •Amended Deadline: Under new legislation (and proposed Amended Spending Plan), deadline extended until 12/31/2026 and approx. $775k in interest earnings can be added to the SPARC program •Process: HRA reviewed Sept. 24th; City Council holds Public Hearing Oct 22nd with final Council consideration on Nov 4th ; HRA to consider expenditures in future case-by-case •Unused Monies: Any unused funds must be returned to the original TIF account OR be turned over to County at program deadline Page 409 of 449 Alternate Outcome if Amended Spending Plan is Rejected 8a If Spending Plan NOT amended, previous deadline remains in effect: •Not all monies previously pledged will be invested •Pending projects may not move forward •Leftover funds (between $950k and $1.7M) will be returned to Hennepin County for distribution •City will receive approx. 1/3 •County will receive approx. 1/3 •State will receive approx. 1/3 Page 410 of 449 Alternate Outcome if Amended Spending Plan is Rejected 8b New Slide 11-4-2025 Distribution of approx $950,000 of undispersed funds and $775,000 in interest earnings if proposed Amendment rejected •Approx $757,000 – returned to Pentagon Park TIF account to cover existing obligations •Approx $278,000 – returned to 70th & Cahill / Wooddale TIF account, could be retained for future public improvement or turned over to Hennepin County •Approx $690,000 – returned to Southdale 2 TIF account, could be retained for future affordable housing project or turned over to Hennepin County Between $690,000 and $968,000 could be turned over to Hennepin County in 2026 for future redistribution to taxing agencies: City of Edina - approx. 1/3 Hennepin County approx. 1/3 State of Minnesota approx. 1/3 Richfield & Edina Schools – de minus amount Page 411 of 449 Types of Job-Creating Projects to Consider with SPARC 9 Under the general terms of the original and amended Spending Plan, many different types of projects could be considered in the future. Examples include: •Renovation of vacant commercial buildings and tenant spaces •Construction of new commercial or multi-family buildings •Improvements to public roadways, parking facilities and related infrastructure that hinder private investment The Streamlined Grant Program could be continued and additional small businesses could also be funded. Recommended projects to be supported with SPARC funds will be brought to HRA for consideration on a case-by-case basis. Page 412 of 449 Summary & Recommendation 10 Ø 2021 Minnesota Statutes enabled unobligated TIF monies to be reinvested to encourage private development and create jobs Ø 2025 Minnesota Statutes allow one additional year to invest these monies and allows interest earnings on the monies to also be used Ø Edina previously pledged $9.5 million to this program with most of the work completed or under construction Ø Edina could pledge an additional $775k (interest income) to this program Ø Additional time is needed to complete the pending projects and identify additional projects Ø Staff recommends that the amended Spending Plan be adopted to both extend the deadline and include interest and further recommends that the remaining funds be deployed through the SPARC program by the 2026 deadline. Revised 11-4-2025 Page 413 of 449 CITY OF EDINA COUNTY OF HENNEPIN STATE OF MINNESOTA Councilmember ______________________ introduced the following resolution and moved its adoption: RESOLUTION 2025-101 AMENDING A SPENDING PLAN FOR THE SOUTHDALE 2, PENTAGON PARK AND 70th AND CAHILL TAX INCREMENT FINANCING DISTRICTS WHEREAS, the Board of Commissioners (the “Board”) of the Edina Housing and Redevelopment Authority (the “HRA”) and the City Council (the “Council”) of the City of Edina, Minnesota (the “City”) established the Southdale 2, Pentagon Park, and 70th and Cahill (Wooddale/ValleyView) Tax Increment Financing Districts (the “TIF Districts”), pursuant to, and in accordance with Minnesota Statutes, Section 469.174 to 469.1794, inclusive, as amended (the “Act”); and WHEREAS, the HRA adopted and the City approved a written spending plan for the TIF Districts (the “Spending Plan”), pursuant to, and in accordance with, Minnesota Statutes, Sections 469.176, Subd. 4n inclusive, as amended (“Subd. 4n”) to transfer existing and unobligated tax increment revenues from the TIF Districts for use in stimulating construction or substantial rehabilitation of private development in a way that will also create or retain jobs in the City so long as the construction commenced by December 31, 2025; and WHEREAS, the State Legislature amended Subd. 4n in 2025 to allow a municipality to extend the deadline for the commencement of construction by one year to December 31, 2026 and also utilize interest earnings on transferred increment for Spending Plan activities if specifically authorized within an amended spending plan approved by December 31, 2025; and WHEREAS, the HRA has investigated the facts relating to the Spending Plan and has caused the Amended and Restated Spending Plan to be prepared; and WHEREAS, the HRA and City have performed all actions required by law to be performed prior to the adoption and approval of the Amended and Restated Spending Plan, including, but not limited to, requesting that the Council cause notice of a public hearing to be published and hold a public hearing on amending the adopted Spending Plan, as well as the conditional approval of adopting the Amended and Restated Spending Plan by the HRA on September 25, 2025,. NOW, THEREFORE BE IT RESOLVED by the City Council (the "Council") of the City of Edina, Minnesota (the "City"), as follows: 1. The Council hereby reaffirms the original findings for the TIF Districts and Spending Plan in finding that the adoption of the proposed Amended and Restated Spending Plan conforms in all respects to the requirement of the Act and will result in creation or retention of jobs in the State of Minnesota (the “State”) and help preserve and enhance the tax based of the State and thereby serves a public purpose. Page 414 of 449 Resolution 2025-101 Page 2 2. The Council further finds that the Amended and Restated Spending Plan will afford maximum opportunity, consistent with the sound needs for the City as a whole, or the development or redevelopment of the Southeast Edina Redevelopment Project Area by private enterprise in that the intent is to provide only that public assistance necessary to make the private developments financially feasible. 3. The Amended and Restated Spending Plan for the TIF Districts, as presented to the Council on this date, is hereby approved, established, and adopted and shall be placed on file in the office of the Executive Director of the HRA. 4. HRA staff, advisors and legal counsel are authorized and directed to proceed with the implementation of the Amended and Restated Spending Plan and to negotiate, draft, prepare and present to this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. Approval of the Amended and Restated Spending Plan does not constitute approval of any project of a development agreement with any developer. 5. The Executive Director of the HRA is authorized and directed to file a copy of the Spending Plan with the Office of the State Auditor pursuant to Minnesota Statutes 469.176, Subd. 4n. The motion for the adoption of the foregoing resolution was duly seconded by Council member ______________________, and upon a vote being taken thereon, the following voted in favor thereof: _________________________________________________________________________________________ ________________________________________________________________________________________ and the following voted against the same: _________________________________________________ _________________________________________________________________________________________ Dated: November 4, 2025 Attest: Sharon Allison, City Clerk James B. Hovland, Mayor (Seal) Page 415 of 449 Resolution 2025-101 Page 3 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached is a true and correct copy of the Resolution duly adopted by the Edina City Council at its regular meeting of November 4, 2025, and as recorded in the Minutes of said regular meeting. WITNESS, my hand and seal of said City this ______ day of________________________, 2025. _______________________________ Sharon Allison, City Clerk Page 416 of 449 Original HRA Adoption Date: October 28, 2021 City Council Approval Date: November 16, 2021 Proposed Amendment Public Hearing: October 22, 2025 Edina Housing and Redevelopment Authority City of Edina, Hennepin County, Minnesota AMENDED AND RESTATED SPENDING PLAN Southdale 2 TIF District Pentagon Park TIF District 70th and Cahill TIF District BUILDING COMMUNITIES. IT’S WHAT WE DO. Prepared by: Ehlers 3060 Centre Pointe Drive Roseville, Minnesota 55113 Page 417 of 449 2 AMENDED AND RESTATED SPENDING PLAN FOR UNOBLIGATED SOUTHDALE 2, PENTAGON PARK, AND 70TH AND CAHILL TAX INCREMENT FINANCING DISTRICT FUNDS I. BACKGROUND The Edina Housing and Development Authority (the “HRA”) and the City of Edina (the “City”) previously established the Southdale 2, Pentagon Park and 70th and Cahill Tax Increment Financing Districts (the “TIF Districts”) to further the objectives of the HRA. The 70th and Cahill District was established in 1990 and is currently decertified. The Southdale 2 District was established in 2012 and is also decertified. The Pentagon Park District was established in 2014 and remains active. Each of the TIF Districts are administered by the HRA and contain unobligated monies. In accordance with Minnesota Statutes, Section 469.176 Subd. 4n (the “Act”) regarding the authority to use unobligated TIF monies, the HRA and City adopted a spending plan for the transfer of unobligated monies from each of the TIF Districts in 2021 (the “Original Spending Plan”). The Minnesota Legislature amended the Act in 2025 to allow municipalities to extend the allowable spending period for transferred funds and clarify the use of any revenues derived from the investment or of transferred funds. The HRA and City propose to adopt this amended and restated spending plan (the “Spending Plan”) to enable the provisions of the 2025 legislative amendment. II. PURPOSEi The purpose of the Spending Plan is to assist in the private development or redevelopment of sites, lands or areas within the City using unobligated tax increments from the TIF Districts. The development or redevelopment is to be in conformity with the City’s Comprehensive Plan and other adopted plans and the unobligated tax increments are to be utilized for one of the following purposes (together, the “Spending Plan Assistance”): (a) to provide improvements, loans, interest rate subsidies, or assistance in any form to private development consisting of the construction or substantial rehabilitation of buildings and ancillary facilities if the following conditions exist: (i) Such assistance will create or retain jobs in the State of Minnesota, including construction jobs; (ii) Construction commences before December 31, 2026; and (iii) The construction would not have commenced before that date without the assistance. Page 418 of 449 3 (b) to make an equity of similar investment in a corporation, partnership or limited liability company the HRA determines is necessary to make construction of a development that meets the requirements of clause (a) financially feasible. The City Council approved the Original Spending Plan in 2021 (after a duly noticed public hearing) specifically authorizing the City and HRA to take such actions. The HRA filed a copy of the executed Original Spending Plan approved and signed by the City to the Office of the State Auditor. The tax increments authorized under the Original Spending Plan were transferred out of the applicable TIF Funds by December 31, 2022 in compliance with the Act. Under the Spending Plan, all transferred increments are to be spent, loaned, invested, or otherwise irrevocably committed by December 31, 2026. Any funds unspent by the deadline, or subsequently repaid, shall be returned to the originating TIF Fund. The Spending Plan Assistance provided pursuant to this Plan shall be subject to Minnesota Statutes, Sections 116J.993 to 116J.995 (the “Business Subsidy Law”), if applicable, and shall be subject to the City’s Business Subsidy Policy. III. UNOBLIGATED TIF FUNDS The HRA has transferred $9,507,954 in unobligated funds from the TIF Districts under the authority of the Spending Plan and has identified up to [$775,849] of interest revenue earned on the transferred funds for a total of [$10,283,803] (the “Unobligated Tax Increments”): $ 8,465,062 of unobligated funds of the Southdale 2 Tax Increment Financing District, $ 700,000 of unobligated funds of the Pentagon Park Tax Increment Financing District, $ 342,892 of unobligated funds of the 70th and Cahill Tax Increment Financing District, and [$ 775,849] of interest earnings on transferred increment.ii IV. PLAN Under this Spending Plan, the HRA is authorized as follows: (a) To use Unobligated Tax Increments from the TIF Districts to provide Spending Plan Assistance for projects qualifying with this Spending Plan and the City Policy for Use of Unobligated TIF Funs (the "Projects"). Each project shall be considered by the HRA and subject to approval by the City. The assistance authorized under this Spending Plan is intended to further the goals in the City’s Comprehensive Plan or other City plans or objectives, if doing so will create or retain jobs in the state, including construction jobs. The Projects shall commence before Page 419 of 449 4 December 31, 2026 (unless a later commencement date is authorized by law) and shall constitute Projects that would not commence by such date without the assistance provided pursuant to this Spending Plan. (b) To administratively amend the budgets set forth in the Tax Increment Financing Plans for the TIF Districts as necessary to provide for the assistance authorized by this Spending Plan. (c) To take any other action necessary and authorized under the Act in connection with the construction or substantial rehabilitation of facilities of the type designated for the Spending Plan Assistance. (d) To authorize and direct staff to maintain a copy of this Spending Plan with the HRA’s records for the TIF Districts, and to file a copy of the Spending Plan with the Office of the State Auditor. i Sections I and II of this Amended and Restated Spending Plan are intended to identify the program limits. Projects assisted pursuant to this Amended and Restated Spending Plan shall be in accordance with the terms and conditions set forth in those Sections. ii Forecast based on assumed investment rate of [4.00%] on transferred balance to December 31, 2026 spending plan deadline. Page 420 of 449 Summary of SPARC Projects prepared 10-14-2025 SPARC Funded Projects - (2021 to Oct 2025) Amount Pledged Amount Paid to Date Funds Available Type Contract Date Project Status Funding Status Repayment Status full restoration $351,000 $351,000 $0 Forgivable Loan Sept 7, 2022 Completed Paid not expected Edina Theatre (3911 W. 50th St) - adjacent public improvements $432,000 $432,000 $0 Direct Payment to Contractors Sept. 7, 2022 Completed Paid NA full restoration $225,000 $0 $0 Forgivable Loan Nov. 16, 2023 April 10, 2025 Under Construction Pledged not expected New restaurant/music venue (3916 W. 50th St) adjacent public improvements $0 $0 $0 Direct Payment to Contractors Nov. 16, 2023 Dead Pledged NA full restoration $650,767 $650,767 $0 Loan Nov. 17, 2022 Aug. 10, 2023 April 10, 2025 Completed* Paid in process Edina Innovation Lab (7201 Metro, 5th floor) preparation of contracts $15,103 $15,103 $0 Direct Payment to Contractors Nov. 17, 2022 Completed Paid NA Finch Apartments (4620 W. 77th St) - new construction of apartment building and new public roadway $2,000,000 $2,000,000 $0 Forgivable Loan Dec. 20, 2022 Completed Paid not expected Setting Apartment (7200 France Ave) - new construction of mixed- income apartment building ** $4,862,458 $2,436,599 $0 Forgivable Loan*** Dec. 19, 2024 Under Construction Partial Payment not expected Enclave / Lifestyle Communities redevelopment (7235 France Ave) - new construction of 4 buildings and public space ** $673,626 $0 $673,626 Forgivable Loan*** Nov. 19, 2024 Aug. 19, 2025 Pending Pledged TBD Oh Crepe café (4408 France Ave) - full renovation $24,000 $18,876 $5,124 Grant May 16, 2024 Completed Paid not expected Site improvements (4408 France Ave) $24,000 $0 $24,000 Grant May 16, 2024 Dead Rescinded NA Other Potential Streamlined Grant Applicants $250,000 $0 $250,000 Grant May 16, 2024 TBD TBD NA Other Potential Projects $0 $0 $0 TBD TBD TBD TBD NA Total = $9,507,954 $5,904,345 $952,750 Page 421 of 449 * The full build-out of the Innovation Lab was completed. The Lab successfully completed four cohorts for business owners. While the space remains occupied, additional business training has been terminated due to lack of operational funds. ** SPARC funds were simultaneously pledged to both 7200 and 7235 France Avenue, with the amount flexible, depending on which project incurred eligible costs first. The maximum amount of SPARC pledged to 7235 Project is $1,500,000 with the actual amount to be determined based on eligible costs incurred and available balance. At this point in time, between $673,626 and $952,750 is available for the 7235 Project. *** SPARC monies were pledged to the 7200 and 7235 projects to reduce the future pledge of a TIF Note for the same project. In the case of 7200 France, the use of $4.8M SPARC monies were in lieu of TIF support for the mixed-income apartment project. Page 422 of 449 BOARD & COMMISSION ITEM REPORT Date: November 18, 2025 Item Activity: Information Meeting: City Council Agenda Number: 10.1 Prepared By: Perry Vetter, Parks & Recreation Director Item Type: Minutes Department: Parks & Recreation Item Title: Minutes: Parks & Recreation Commission Sept. 9, 2025 Action Requested: Receive the minutes from the Sept. 9, 2025 Parks & Recreation Commission meeting. Information/Background: See attached minutes. Supporting Documentation: 1. Minutes: Parks & Recreation Commission Sept. 9, 2025 Page 423 of 449 Draft Minutes☐ Approved Minutes☒ Approved Date: 10/14/2025 Minutes City of Edina, Minnesota Edina Parks & Recreation Commission Braemar Golf Course Sept. 9, 2025 7 p.m. 1. Call to Order Chair Pfuhl called the meeting to order at 7:02 p.m. 2. Roll Call Answering roll call were Commissioners Bye, Garazatua, Hulbert, Wick, Kane, Pfuhl, and Student Commissioners Harrington and Syed Commissioner Welsh arrived at 7:04 p.m. Commissioner(s) Absent: Spaulding Staff Present: Staff Liaison Perry Vetter and Administrative Coordinator Janet Canton Chair Pfuhl noted that an amendment needs to be made to the agenda. Item 7.1 is going to be removed from the agenda; General Manager Patty McGrath is unable to attend tonight’s meeting. She will give her presentation at the October Parks & Recreation Commission meeting 3. Approval of Meeting Agenda Motion made by Kane to approve the amended meeting agenda. Motion seconded by Garazatua. Motion carried. 4. Approval of Meeting Minutes 4.1 Minutes: Parks & Recreation Commission Aug. 12, 2025 Motion made by Hulbert to approve Aug. 12, 2025 minutes. Motion seconded by Kane. Motion carried. 5. Special Recognitions and Presentations 5.1 Welcome Student Commissioner Anna Harrington Staff Liaison Vetter introduced new Student Commissioner Anna Harrington and each commissioner introduced themselves to Student Commissioner Harrington. 6. Community Comment None 7. Reports/Recommendations 7.1 Edina Aquatic Center Update . Page 424 of 449 Draft Minutes☐ Approved Minutes☒ Approved Date: 10/14/2025 7.2 Initiative 1.5.3: Review 2016 Parks & Recreation Strategic Plan content, identify key study areas to include in upcoming 2026 update for topics, research and potential data collection. Vice chair Kane informed the commission he is the lead on this initiative along with Chair Pfuhl and Commissioner Welsh. Vice chair Kane gave a presentation on where the working group is currently at with this initiative. There was a discussion, and commissioners asked questions. He asked the commission to look it over and if anyone wanted to add something to reach out to the working group and they will alter the document and will provide updates on the initiative at the October meeting. 7.3 2025 Parks & Recreation Commission Work Plan Updates Initiative 1.5.1 – Review and comment on Braemar Arena Implementation. Staff Liaison Vetter informed the Commission he will send out a doodler poll in the next couple of days to this initiative’s group to go over the presentations. They are also going to be scheduling with all of the stakeholders to review the plans for the arena. This will eventually be brought to the commission. Initiative 1.5.2 – Review and compare park shelter building amenities and function. Nothing to update Initiative 1.5.3 – Review 2016 Parks & Recreation Strategic Plan content, identify key study areas to include in upcoming 2026 update for topics, research and potential data collection. Already discussed. Initiative 1.5.4 – Research and if feasible, develop action plan or further research of no more than two Alternative Funding Strategies (2023 Work Plan Item) to progress that initiative. Chair Pfuhl informed the commission there is nothing to update but they will be giving a presentation at the October meeting. Initiative 1.5.5 – Review Climate Action Plan priorities and conduct research on external park agencies that are implementing projects that would be beneficial to the Edina Park system. Commissioner Wick informed the commission there is no update to give but is currently doing some research. Initiative 1.5.6 – City Code Update – Article III. Boards, Committees and Commissions, Division 7. Parks & Recreation Commission. Staff Liaison Vetter informed the Commission he will probably bring this initiative to the October meeting. He indicated he was briefly able to glance at it and it’s pretty comprehensive. He noted he will send this to the commission as soon as possible for everyone to review. Chair Pfuhl asked the commission to look at it so they are prepared to move on it at the October meeting. It was decided to move Initiative 1.5.4, Alternate Funding Strategies to the November meeting because there are already quite a few items set for the October meeting. Page 425 of 449 Draft Minutes☐ Approved Minutes☒ Approved Date: 10/14/2025 8 Chair and Member Comments  Commissioner Bye asked what the official use policy is for the Braemar Golf Course after the course closes. Staff Liaison Vetter replied usually around Nov. 1 is the last day the golf course is open. After that the course is open to walkers and if they get snow they will start to groom for cross country and Nordic skiing. People also walk their dogs, but they are not deputized to do enforcement, and it can an issue with off leashed dogs. Commissioner Bye indicated that he loves running the trails at Braemar and also runs the course because the golf cart path is amazing. He noted that he has been attacked by off-leash dogs more times than he would like to count. He stated there are two signs that state dogs must be on a leash and licensed with the city. He asked if it would be possible to get more signage on the trailheads and perhaps the course entry. He commented that people should be using the trails and thinks off-leash dogs are the reason some people don’t use them. Staff Liaison Vetter replied that it is not an unreasonable request, and they can do that. 9 Staff Comments 9.1. Upcoming 2025 Meetings and Events Staff Liaison Vetter gave the following updates:  The November Parks & Recreation Commission meeting will be held on Wednesday, Nov. 12  The Braemar dome will be installed at Braemar Field in early October.  The Aquatic Center project kicked off for the pump and filter room and is already underway. They have been told it will be ready for the 2026 aquatic center season. 10 Adjournment Motion made by Wick to adjourn Sept. 9, 2025, meeting at 7:52 p.m. Motion seconded by Garazatua. Motion carried. Page 426 of 449 d ITEM REPORT Date: November 18, 2025 Item Activity: Information Meeting: City Council Agenda Number: 11.1 Prepared By: MJ Lamon, Special Projects & Engagement Manager Item Type: Other Department: Administration Item Title: 2026 Board & Commission Interview and Selection Process Action Requested: Provide the action requested of City Council. Information/Background: The 2026 Board and Commission interview process will include the following components: • Live Virtual Interviews: All interviews will be conducted via Zoom. • Interview Format: Each candidate will be interviewed for 10 minutes. • Interview Schedule: Five interview dates will be offered to accommodate applicants, followed by a debrief meeting with the interview panel. • Interview Panel: Each interview session will be conducted by a panel consisting of two City Council members, the City Manager, and up to two current commission chairs. 2025–2026 Timeline • Application Opens: December 12, 2025 • Application Closes: January 19, 2026 • Interview Dates: 5:00–8:00 p.m. o Thursday, January 22, 2026 o Wednesday, January 28, 2026 o Thursday, January 29, 2026 o Thursday, February 5, 2026 • Panel Debrief: Wednesday, February 11, 2026 5:00-8:00pm • Council Appointment Approval: Tuesday, February 17, 2026 • Board and Commission Orientation: Wednesday, February 25, 2026 Staff will proceed with this outlined process unless Council requests changes. Supporting Documentation: None Page 427 of 449 d ITEM REPORT Date: November 18, 2025 Item Activity: Information Meeting: City Council Agenda Number: 11.2 Prepared By: Ari Lenz, Assistant City Manager Item Type: Other Department: Administration Item Title: Quarterly Financial Report and Progress Portal Updates Action Requested: None; information only. Information/Background: The Q3 2025 Quarterly Financial Report is attached. Quarterly updates have been made to work plans as well. See below for links to the updated work plans on the Progress Portal: • 2024-2025 Budget Work Plan • 2025 Advisory Commissions Work Plans • Climate Action Plan Supporting Documentation: 1. Q3 2025 Financial Report - Final Page 428 of 449 Quarterly Financial Report Third Quarter Ended September 30th, 2025 Prepared by Finance Department City of Edina • 4801 W. 50th St. • Edina, MN 55424 Edinamn.gov/finance Page 429 of 449 Table of Contents I.Cash & Investment Balances II.Investments III.Statement of Revenues & Expenditures, General Fund IV.Statement of Revenues & Expenses, Major Enterprises V.Statement of Revenues & Expenses, Non-Major Enterprises VI.Utility Fund VII.Edina Liquor, Braemar Golf Course VIII.Edina Aquatic Center, Braemar Arena IX.Edina Art Center, Edinborough Park X.Centennial Lakes Park, Braemar Field XI.Enterprise Cost Recovery XII.Glossary 3 4-6 7 8-9 10 11 12 13 14 15 16 17 2 Page 430 of 449 12/31/24 Balance 9/30/25 Balance YTD Change YTD % Change General General 36,521,960$ 24,209,248$ (12,312,712)$ -34% Special Revenue Community Development Block Grant - (95,754) (95,754) N/A Police Special Revenue 1,029,354 1,063,369 34,015 3% Braemar Memorial 119,237 128,593 9,356 8% Pedestrian and Cyclist Safety - (215,659) (215,659) N/A Conservation & Sustainability 850,425 949,458 99,033 12% Housing & Redvlpmt Authority 22,241,481 18,646,537 (3,594,944) -16% Local Affordable Housing Aid 339,342 577,033 237,691 70% Opioid Epidemic Response 238,069 274,436 36,367 15% Federal Award Pass-thru Fund - - - N/A Public Safety Fund 2,274,628 1,815,371 (459,257) -20% Total 27,092,536 23,143,384 (3,949,152) -15% Debt Service Debt Service 25,099,879 1,995,274 (23,104,605) -92% Construction Capital Projects 20,523,036 9,589,908 (10,933,128) -53% Equipment Replacement 3,486,674 3,712,137 225,463 6% PIR Capital Projects 10,511,975 28,155,208 17,643,233 168% Street Lighting Fund 300,390 245,627 (54,763) -18% MSA Tracking (1,494,257) (9,958,898) (8,464,641) 566% Special Street Levy 3,651,026 4,683,343 1,032,317 28% P&R Spec Park Impr Levy (SPIL)1,983,260 2,105,147 121,887 6% Local Sales Tax (LST)22,964,641 29,443,275 6,478,634 28% Total 61,926,745 67,975,747 6,049,002 10% Park Enterprise Art Center 184,857 (57,544) (242,401) -131% Braemar Golf Course 3,419,939 3,942,836 522,897 15% Aquatic Center 2,217,813 9,275,902 7,058,089 318% Edinborough Park 281,797 (420,240) (702,037) -249% Braemar Arena 430,231 42,283 (387,948) -90% Braemar Field 1,485,336 1,570,252 84,916 6% Centennial Lakes 529,059 290,050 (239,009) -45% Total 8,549,032 14,643,539 6,094,507 71% Liquor Liquor 1,313,223 56,098 (1,257,125) -96% Utility Utility Fund 40,410,287 43,191,332 2,781,045 7% Internal Services Risk Management 3,198,318 4,181,576 983,258 31% Equipment Operations 1,157,193 1,723,205 566,012 49% Information Technology 763,581 1,070,625 307,044 40% Facilities Management 503,652 867,212 363,560 72% Total 5,622,744 7,842,618 2,219,874 39% Grand Total 206,536,406$ 183,057,240$ (23,479,166)$ -11% Unaudited Cash & Investment Balances by Fund For Quarter Ended September 30th, 2025 3 Page 431 of 449 This account holds proceeds from 2025B. Q3 balance is $6.2M. Funds were needed to finance Vernon Ave and Highway 100 Interchange street reconstruction and the Edina Aquatic Center facility improvements. 2025B TH100, Aquatic Ctr This account holds proceeds from 2025A. Q3 balance is $15M. Funds were needed to finance Fire Station 2, Presidents A & B neighborhood roadway reconstruction and utility infrastructure improvements. 2025A Streets, FS2, Utilities This account holds proceeds from Local Options Sales Tax (LOST). Q3 balance is $15.9M. Funds are to finance LOST projects Fred Richards and Braemar Arena. LOST Tax Proceeds This account holds proceeds from 2024C. Q3 balance is $28k. Funds were needed to refinance construction of common area housing improvements in the Edina West Condominium Association Housing Improvement area. 2024C HIA This account holds proceeds from 2024B. Q3 balance is $7.5M. Funds were needed for the refunding of 2023C (Fire Station 2) and to finance Local Option Sales Tax (LOST) projects Fred Richards Park and Braemar Park & Arena. 2024B LOST, FS2 Ref This account holds proceeds from 2024A. Q3 balance is $3.4M. Funds were needed to finance Fire Station 2, reconstruction of several local streets, storm and sanitary sewer improvements and lift station improvements. 2024A Streets, FS2, Eden Wilson This account holds proceeds from 2023A. Q3 balance is $1.8M. Funds were needed to finance Lift Station replacements, sanitary and storm sewer improvements, Morningside and Brook Dr street reconstruction. 2023A All Streets This account holds proceeds from 2022B. Q3 balance is $293k. Funds were needed to finance site acquisition and design of Fire Station 2. 2022B Fire Station PFM Asset Management PFM is the City’s outside investment manager, they oversee a $47M portfolio for the City. These securities are held in a custodian account at U.S. Bank. Funds in this account are not needed for cash flow and can be invested in longer maturities. The benchmark for this portfolio is a combination of the Bloomberg Barclays U.S. Intermediate Government Bond Index and the Bloomberg Barclays U.S. Mortgage- Backed Securities Index. Allowable investments include U.S. Treasuries and Agencies up to, but not including, ten years and agency mortgage-backed pass- through securities guaranteed by Fannie Mae (FNMA) and Freddie Mac (FHLMC). Funds not required to clear checks in the City’s checking account are automatically “swept” into this account and invested in money market. The balance in this account changes daily based on the amount of checks outstanding. Investment Sweep This account is internal. The balance in this account at the end of Q3 is $100M. The City uses a network of four institutional brokers who recommend securities in compliance with our investment policy. Funds in this account are managed primarily for cash flow purposes and annual debt service payments. Money Market Investments The City of Edina (CoE) investments are held in the following accounts. 4 Page 432 of 449 Investments *Asset-Backed Security For the month ending September 30th, 2025 Investment Type Base Market Value + Accrued Cash $ (779,660) Brokered CD 12,498,231 ABS* 320,136 Government Securities 45,805,998 Money Market 36,823,743 Mortgage Securities 14,841,288 Municipal Securities 54,814,868 Corporate Securities 249,056 Total $ 164,573,662 Average Maturity (Years) 2.88 5 Page 433 of 449 Investments INTERNAL: The internal is intended to remain sufficiently liquid to enable the City to manage daily City cash flow as well as make debt payments. The average days to maturity for the internal portfolio is approximately two years (including the money market account). Maturities range from one day (money market) to nine years. The following are yields for current investments against a similar benchmark. The internal and external portfolios have different investment strategies. EXTERNAL: The external portfolio has longer term investment options to optimize return within our investment policy. The external portfolio benchmark of Bloomberg Barclays Intermediate U.S. Government/Mortgage Index represents an investment pool including U.S. Treasuries and Agencies up to, but not including, nine years and agency mortgage-backed pass- through securities guaranteed by Fannie Mae (FNMA) and Freddie Mac (FHLMC). The average days to maturity for the external portfolio is eight years with maturities ranging from one month to 26 years. The later maturities represent mortgage-backed securities. Total Return, Net of Fees Account/Index Trailing Month Trailing 3 Mos. Trailing 6 Mos. Trailing 12 Mos. ICE BofA 0-1 Year US Treasury Notes & Bonds 0.384% 1.151% 2.158% 4.354% CoE Main 0.387% 1.316% 2.549% 4.273% City of Edina: Bloomberg Barclays Intermediate U.S. Gov’t/Mortgage Index 0.750% 1.844% 3.169% 3.462% CoE – PFM 0.451% 1.415% 2.848% 3.688% Index Total 0.521% 1.393% 2.500% 4.206% Account Total 0.415% 1.357% 2.655% 4.140% 6 Page 434 of 449 General Fund Commentary is included for categories that have variances greater than or less than 35% compared to prior quarter. This applies to the General Fund, Major Enterprises and Non-Major Enterprises. Investment Income is down $3.8M or 97% compared to Q3 2024, due to Unrealized gains/losses and Interest allocation booked Quarterly in 2025, compared to annually in 2024, creating material year-over-year variance. Contractual Services is up $1.1M or 52% compared to Q3 2024, due to increase in material projects in 2025 compared to 2024. Increase in expenses in 2025: $297K in City Ash Tree Removal, $126K in Public Health Services, and $229K in Street Lighting expenses. Contributions & Transfers is down $541K or 113% compared to Q3 2024, due to only $63K Utility Contribution recorded Year to Date. Statement of Revenues & Expenditures - General Fund For Quarter Ended September 30th, 2025 2024 YTD 2025 YTD 2025 Budget % of Budget Revenues Property Taxes $ 22,334,174 $ 24,022,206 $ 47,543,215 51% Franchise Fees 373,702 353,032 1,100,000 32% Lodging Tax 76,827 36,195 20,000 181% Licenses & Permits 4,850,225 5,283,520 5,819,338 91% Intergovernmental 1,525,737 2,092,999 2,453,960 85% Charges for Services 5,844,482 5,613,324 6,315,176 89% Fines & Forfeitures 424,568 543,321 350,000 155% Investment Income 5,973,721 1,071,009 425,000 252% Rental of Property 303,345 433,116 463,182 94% Other Revenue 112,562 187,558 19,000 987% Total Revenues 41,819,342 39,636,281 64,508,871 61% Expenditures Personnel Services 29,678,571 31,261,178 46,264,059 68% Contractual Services 6,420,856 7,394,444 10,438,260 71% Commodities 1,481,320 1,379,980 2,549,894 54% Internal Services 4,474,620 4,547,743 6,063,658 75% Capital Outlay 109,615 184,667 -N/A Debt Service 324 2,841 -N/A Total Expenditures 42,165,306 44,770,853 65,315,871 69% Revenues Over (Under) Expenditures (345,964) (5,134,572) (807,000) Transfers In (Out) (395,225) 138,552 (193,000) -72% Net Increase (Decrease) In Fund Balance $ (741,189) $ (4,996,020) $ (1,000,000) 7 Page 435 of 449 2024 YTD 2025 YTD 2025 Budget % of Budget 2024 YTD 2025 YTD 2025 Budget % of Budget 2024 YTD 2025 YTD 2025 Budget % of Budget Operating Revenues Sales 22,347,539$ 23,148,175$ 31,948,581$ 72%9,102,338$ 7,928,784$ 15,014,993$ 53%153,903$ 171,095$ 155,000$ 110% Memberships - - - N/A - - - N/A 309,054 277,895 455,000 61% Admissions - - - N/A - - - N/A 561,973 606,296 485,000 125% Building Rental - - - N/A - - - N/A 85,021 83,387 83,100 100% Equipment Rental - - - N/A - - - N/A - - - N/A Greens Fees - - - N/A - - - N/A - - 1,000 0% Other Fees 3,518 575,537 - N/A 4 52 - N/A 320 2,993 5,000 60% Total Operating Revenues 22,351,058 23,723,713 31,948,581 74%9,102,342 7,928,836 15,014,993 53%1,110,270 1,141,666 1,184,100 96% Operating Expenses Cost of Sales & Services - - - N/A 6,037,543 5,347,284 10,969,768 49%73,173 94,357 78,500 120% Personnel Services 2,097,961 2,250,453 3,758,646 60%1,890,349 1,729,139 2,818,776 61%583,133 634,127 721,841 88% Contractual Services 7,944,235 7,984,736 11,162,105 72%687,780 465,352 638,731 73%252,639 330,815 267,586 124% Commodities 817,819 944,089 1,381,150 68%34,120 30,498 58,500 52%116,734 106,475 143,900 74% Internal Services 1,279,954 1,231,637 1,642,183 75%371,196 344,255 459,007 75%39,789 39,402 52,536 75% Depreciation & Amortization 4,499,352 4,625,415 22,052,226 21%93,852 93,852 297,600 32%151,884 151,884 - N/A Total Operating Expenses 16,639,321 17,036,329 39,996,310 43%9,114,839 8,010,381 15,242,382 53%1,217,352 1,357,061 1,264,363 107% Operating Income (Loss)5,711,736 6,687,383 (8,047,729) -83%(12,497) (81,545) (227,389) 36%(107,082) (215,394) (80,263) 268% Non Operating Revenues (Expenses) Intergovernmental 97,108 137,835 90,000 153%- - - N/A - - - N/A Investment Income 101,179 1,693,266 434,000 390%- 50,683 44,000 115%- 101,201 48,000 211% Interest & Fiscal Charges (1,759,128) (1,843,138) (1,548,138) 119%- -- N/A (13,100) (9,600) (9,600) 100% Bond Proceeds - - - N/A - -- N/A - 7,135,833 - N/A Other Non Operating 41,960 780 5,000 16%- (299) - N/A (1,315) - - N/A Total Non Op Revenues (Expenses)(1,518,881) (11,256) (1,019,138) 1%- 50,383 44,000 115%(14,415) 7,227,434 38,400 18821% Net Income (Loss) Before Transfers 4,192,856 6,676,127 (9,066,867) (12,497) (31,162) (183,389) (121,497) 7,012,040 (41,863) Transfers In (Out)(304,563) (441,170) (373,530) 118%46,317 3,765 (994,820) 0%14,941 17,775 17,000 105% Net Income (Loss) 3,888,293$ 6,234,957$ (9,440,397)$ 33,821$ (27,397)$ (1,178,209)$ (106,556)$ 7,029,815$ (24,863)$ Statement of Revenues & Expenses - Major Enterprise Funds For Quarter Ended September 30th, 2025 Utilities Liquor Aquatic Center 8 Page 436 of 449 2024 YTD 2025 YTD 2025 Budget % of Budget 2024 YTD 2025 YTD 2025 Budget % of Budget Operating Revenues Sales 374,148$ 369,377$ 308,750$ 120%227,197$ 213,097$ 312,500$ 68% Memberships 302,971 301,942 270,000 112%- - - N/A Admissions 1,060,741 1,012,509 1,800,000 56%108,425 124,860 215,000 58% Building Rental 146,895 164,982 261,000 63%1,791,564 1,813,747 1,952,000 93% Equipment Rental 452,895 468,486 439,500 107%4,692 4,817 6,000 80% Greens Fees 3,034,729 3,244,124 2,970,000 109%- - - N/A Other Fees 33,883 11,827 39,250 30%60,963 76,285 106,500 72% Total Operating Revenues 5,406,261 5,573,247 6,088,500 92%2,192,842 2,232,806 2,592,000 86% Operating Expenses Cost of Sales & Services 276,952 271,260 226,000 120%107,058 103,770 125,000 83% Personnel Services 2,010,969 2,021,171 2,713,287 74%998,993 1,018,078 1,523,587 67% Contractual Services 763,554 652,492 923,852 71%939,202 777,152 1,165,907 67% Commodities 266,683 262,462 498,050 53%51,966 51,957 156,500 33% Internal Services 377,217 342,902 457,202 75%227,439 206,620 275,494 75% Depreciation & Amortization 664,281 586,125 1,581,000 37%423,411 387,531 - N/A Total Operating Expenses 4,359,656 4,136,411 6,399,391 65%2,748,069 2,545,109 3,246,488 78% Operating Income (Loss)1,046,606 1,436,836 (310,891) -462%(555,227) (312,303) (654,488) 48% Non Operating Revenues (Expenses) Intergovernmental (2,208) 2,208 - N/A - - - N/A Investment Income - 179,636 52,000 345%- 18,340 13,000 141% Interest & Fiscal Charges (211,969) (189,044) (189,044) 100%(56,975) (50,100) (50,100) 100% Other Non Operating - - - N/A (178) (1,940) - N/A Total Non Op Revenues (Expenses)(214,177) (7,200) (137,044) 5%(57,153) (33,700) (37,100) 91% Net Income (Loss) Before Transfers 832,429 1,429,636 (447,935) (612,380) (346,003) (691,588) Transfers In (Out)51,612 50,552 61,050 83%286,914 164,441 400,000 41% Net Income (Loss) 884,041$ 1,480,187$ (386,885)$ (325,467)$ (181,562)$ (291,588)$ Statement of Revenues & Expenses - Major Enterprise Funds For Quarter Ended September 30th, 2025 Golf Course Arena 9 Page 437 of 449 2024 YTD 2025 YTD 2025 Budget % of Budget 2024 YTD 2025 YTD 2025 Budget % of Budget 2024 YTD 2025 YTD 2025 Budget % of Budget 2024 YTD 2025 YTD 2025 Budget % of Budget Operating Revenues Sales -$ -$ -$ N/A 47,490$ 51,487$ 85,000$ 61%22,081$ 43,265$ 30,000$ 144%-$ -$ -$ N/A Memberships - - - N/A 85,396 80,909 150,000 54%- - - N/A - - - N/A Admissions 98,706 113,517 122,000 93%575,009 584,695 710,000 82%520 240 750 32%16,090 18,829 30,000 63% Lodging Tax - - - N/A 15,116 - 4,400 0%- - - N/A - - - N/A Building Rental - - - N/A 156,527 160,316 277,700 58%64,128 75,513 92,500 82%474,379 437,918 535,000 82% Equipment Rental - - - N/A - - - N/A 145,275 369,954 183,500 202%- - - N/A Greens Fees - - - N/A - - - N/A 316,901 299,649 275,000 109%- - - N/A Other Fees 5,722 75 - N/A 160,563 183,695 239,000 77%257,844 261,298 320,000 82%58 276 500 55% Total Operating Revenues 104,428 113,592 122,000 93%1,040,101 1,061,102 1,466,100 72%806,748 1,049,919 901,750 116%490,527 457,023 565,500 81% Operating Expenses Cost of Sales & Services - - - N/A 21,336 18,336 39,000 47%7,713 12,113 15,000 81%- - - N/A Personnel Services 231,653 215,465 352,114 61%758,891 878,442 1,287,383 68%723,462 690,005 1,003,417 69%129,027 162,651 203,080 80% Contractual Services 36,087 33,866 86,599 39%316,783 239,783 386,903 62%193,512 212,252 412,747 51%246,941 152,012 201,818 75% Commodities 14,882 15,187 29,000 52%83,047 101,273 206,750 49%93,153 75,156 155,895 48%4,484 4,280 19,200 22% Internal Services 40,986 40,229 53,639 75%147,438 135,071 180,095 75%116,028 110,491 147,321 75%30,888 28,058 37,410 75% Depreciation & Amortization 4,257 4,104 - N/A 216,666 208,593 332,500 63%126,315 123,624 - N/A 407,568 401,076 75,000 535% Total Operating Expenses 327,865 308,852 521,352 59%1,544,161 1,581,499 2,432,631 65%1,260,183 1,223,639 1,734,380 71%818,908 748,077 536,508 139% Operating Income (Loss)(223,437) (195,260) (399,352) 49%(504,060) (520,397) (966,531) 54%(453,434) (173,721) (832,630) 21%(328,381) (291,054) 28,992 -1004% Non Operating Revenues (Expenses) Intergovernmental - - - N/A - - - N/A - - - N/A - - - N/A Investment Income - 2,675 4,000 67%- 9,117 10,000 91%- 13,945 9,000 155%- 65,546 26,000 252% Interest & Fiscal Charges - -- N/A - -- N/A - -- N/A - -- N/A Other Non Operating - 8,635 - N/A - -- N/A 34,527 12,800 - N/A - -- N/A Total Non Op Revenues (Expenses)- 11,310 4,000 283%- 9,117 10,000 91%34,527 26,745 9,000 297%- 65,546 26,000 252% Net Income (Loss) Before Transfers (223,437) (183,950) (395,352) (504,060) (511,280) (956,531) (418,907) (146,976) (823,630) (328,381) (225,508) 54,992 Transfers In (Out)803 1,265 300,000 0%14,092 11,553 18,000 64%35,471 35,344 764,000 5%1,088 1,136 1,300 87% Net Income (Loss) (222,634)$ (182,685)$ (95,352)$ (489,968)$ (499,727)$ (938,531)$ (383,436)$ (111,632)$ (59,630)$ (327,293)$ (224,372)$ 56,292$ Art Center Edinborough Park Centennial Lakes Park Braemar Field Statement of Revenues & Expenses - Non Major Enterprise Funds For Quarter Ended September 30th, 2025 10 Page 438 of 449 Major Enterprises - Utility Fund Revenues For 2025, Utility user rates were increased between 5-8% based on the recommendations from the utility rate study prepared by the City’s financial advisor, Ehlers. There was an increase of $1.4M or 18% in sales revenue when compared to PY Q3. This increase is mainly driven by a $1.3M or 18% increase in water, meter, storm and sewer charges plus a $137K or 766% increase in WAC/SAC fees when compared to PY Q3. The increase in water and sewer fees is due to the increase in water usage during the 2025 summer months compared to the same period in 2024, while the increase in WAC/ SAC fees are due to one-time fees for new construction projects in Q3 of 2025 compared to Q3 2024. There is a $554K or 28091% increase in other fees when compared to PY Q3 this increase is driven by a $554K check received from Napoli Shkolnik for the PFAS (per-and polyfluoroalkyl substances) settlement. Intergovernmental revenues decreased $88K due to a organic score grant received in Q3 of 2024 Investment income increased by $522K or 62% due to favorable market conditions, unrealized gains/ losses and interest allocation booked quarterly in 2025, compared to annually in 2024, creating material year-over-year variance. Expenses Q3 2025 total operating expenses increase by $28K or 35% compared to Q3 2024 actual expenses. The increase is mainly driven by an $18K, $141K and $42K increase in personnel, commodities and depreciation respectively, offset by a $157K and $16K decrease in contractual services and internal services respectively. 11 Page 439 of 449 Major Enterprises - Liquor & Golf Course Liquor Revenues Q3 2025 revenues are down $517K or 16% compared to Q3 2024 revenues, due to a decline in traffic. This decline can be attributed to a general shift in consumer confidence and construction impact on ease of store accessibility. Other Fees are up $82K or 100% due to credit and debit card transaction convenience fee revenue. Expenses Q3 2025 expenses are down $503K or 36% compared to Q3 2024 expenses. Commodities are down $8K or 48% mostly due to a merchandise cooler purchase in 2024. Personnel Services are down $97K or 38% due to a hibernation of several extended part-time positions. Cost of Sales trending below budget year to date due to a decrease in sales and improved product purchasing strategies. Transfers out will be completed at year end. Golf Course Revenues Q3 2025 revenues are up $44K or 2% as compared to Q3 2024 revenues. Other Fees are up $2K or 97% as compared to Q3 2024. Admissions are trending below budget year to date due to decreased number of dome timed golf sessions in response to early Spring weather and subsequent preference for outdoor golf. Expenses Q3 2025 expenses are up $5K or .3% as compared to Q3 2024 expenses. Personnel Services are up $33K or 4%, however, they are trending as expected relative to 2025 budget. Commodities trending below budget year to date largely tied to seed, fertilizer and weed spray which is based on changing needs and fluctuation is expected. 12 Page 440 of 449 Major Enterprises - Aquatic Center & Braemar Arena Braemar Arena Revenues Q3 2025 revenues are down $301K or 40% compared to Q3 2024 revenues. Admissions are down $19K or 35% driven by user demand and ice availability. Charges for Services are down $7K or 37% largely related to a decrease in advertising sales. Building Rentals are down $260K or 43%, however, they are trending as expected relative to 2025 budget. Expenses Q3 2025 expenses are down $51K or 5% as compared to Q3 2024 expenses. Commodities are up $11K or 74% due to purchases of pedestrian barricades and security cameras. Trending below budget year to date, which is expected as expenses are more heavily incurred during busy season months in Q4. Personnel Services are down $19K or 36%, however, they are trending as expected relative to 2025 budget. Aquatic Center The aquatic center closed for the season on August 17th and will reopen summer 2026. Revenues Q3 2025 revenues are relatively unchanged compared to Q3 2024 revenues with the closure of the aquatic center for the season. Expenses Q3 2025 expenses are up $105K or 61% as compared to Q3 2024 expenses. Personnel Services are up $33K or 74% largely due to additional guest services staff hours. Contractual Services are up $78K or 63% due to new bond issuance costs and associated professional fees. Commodities are down $18K or 36% largely related to a diving board donation. Two new diving boards were purchased in Q2 in anticipation of the donation to be received in Q3. 13 Page 441 of 449 Non-Major Enterprises - Art Center & Edinborough Park Edinborough Park Revenues Q3 2025 revenues are down $20K or 8% as compared to Q3 2024 revenues. Lodging Tax revenue is down $12K or 100% as the existing hotel converted to affordable apartments at the end of 2024. Sales and Memberships are trending below budget year to date tied to a decrease in purchases of daily admissions and admission passes. Building rentals are trending below budget year to date because of a reduction in number of birthday party reservations. Expenses Q3 2025 expenses are up $14K or 3% as compared to Q3 2024 expenses. Commodities are trending below budget year to date largely related to Supplies and Repair Parts, which are heavily dependent on actual needs and some deviation from budget is expected. Non-Major Enterprises - Art Center & Edinborough Park Edinborough Park Revenues Q3 2025 revenues are down $20K or 8% as compared to Q3 2024 revenues. Lodging Tax revenue is down $12K or 100% as the existing hotel converted to affordable apartments at the end of 2024. Sales and Memberships are trending below budget year to date tied to a decrease in purchases of daily admissions and admission passes. Building rentals are trending below budget year to date because of a reduction in number of birthday party reservations. Expenses Q3 2025 expenses are up $14K or 3% as compared to Q3 2024 expenses. Commodities are trending below budget year to date largely related to Supplies and Repair Parts, which are heavily dependent on actual needs and some deviation from budget is expected. Art Center The new art center is expected to open at the end of 2027. Revenues Q3 2025 revenues are down $4K or 7%, due to a slight decrease in number of class registrations in Q3. Admissions are trending ahead of budget year to date as overall number of class registrations and instructional hours are up year over year. Popular classes include Watercolor and Oil Painting. Transfers in will be completed at year end. Expenses Q3 2025 expenses are down slightly at $5K or 8% compared to Q3 2024 expenses. Contractual Services & Commodities trending below budget year to date. The largest categories are Professional Services and Repairs & Maintenance, mostly due to a reduction in use of the existing art center facility because of the facility’s condition and space limitations. 14 Page 442 of 449 Non-Major Enterprises - Centennial Lakes & Braemar Field Centennial Lakes Putting Course, Paddle Boat Rental & Lawn Bowling opened for the season on April 11th and are expected to remain open through the warmer weather months. Revenues Q3 2025 revenues are up $38K or 9% as compared to Q3 2024 revenues. Equipment Rental is up $48K or 62% due to increase in demand of paddleboat rentals the warmer months. User demand for Centennial Lakes Park equipment rental has increased dramatically year over year. Sales are trending ahead of budget year to date related to increased concessions sales. Transfers in will be completed at year end. Expenses Q3 2025 expenses are down $45K or 8% as compared to Q3 2024 expenses. Commodities are down $22K or 52% largely related to annuals plant expense incurred in Q3 2024 versus Q2 2025. Trending below budget year to date largely tied to 2024 bench and pot purchases and decreased current year seed & fertilizer needs. Contractual Services are trending below budget year to date due to a decrease in repairs and maintenance costs. Braemar Field Revenues Q3 2025 revenues are down 24K or 82% as compared to Q3 2024 revenues. Building Rentals are down $24K or 82%, however, trending ahead of budget year to date due to an overall increase in building rental and facility use by local athletic associations. Transfers in will be completed at year end. Expenses Q3 2025 expenses are down $47K or 18% as compared to Q3 2024 expenses. Contractual Services are down $44K or 61% largely tied to a decrease in contractual services for emergency field repairs in 2024. Commodities trending below budget year to date mostly tied to decreased current year custodial supplies & cleaning costs. 15 Page 443 of 449 Cost Recovery Cost recovery percentages indicate a facility’s ability to cover operating expenses with operating revenues. In 2018, the City established two cost calculations, Total Cost Recovery and Management Cost Recovery. Total Cost Recovery is calculated by dividing total revenues by total expenses. Management Cost Recovery is calculated by dividing operating revenues by operating expenses, which excludes non-operational items such as donations, investment income, transfers, depreciation, central services, and utilities. The following charts represent total 2022, 2023, 2024 and YTD 2025 Total Cost Recovery and Management Cost Recovery percentages. Differences between quarterly results and annual results may be due to the timing of revenues and expenses. 16 Page 444 of 449 Glossary Asset-Backed Security (ABS): An investment security that is collateralized by a pool of assets, such as loans, leases, etc. Acts similar to a mortgage-backed security. Certificate of Deposit (CD) or Brokered CD: A financial instrument issued by banks or other financial institutions, promising a specific interest rate to the bearer in exchange for leaving a predetermined deposit for a specific time period. And the time period for CD generally ranges from one month to five years. Cost Recovery: Total revenues as a percentage of total expenses. Government Securities: Most commonly includes US Government Bonds; a debt security sold by the government to support government obligations and spending and US Treasury Bills or T-Bills; A short-term debt security that is backed by the US Treasury department. US T-Bills have a maturity of one year or less. These investments are considered low risk as they are government backed. Investment Sweep: Moves funds between a checking account and an investment account with the intention of earning interest on excess cash. Major Enterprise Funds: Utility fund and larger scale enterprises including Liquor, Aquatic Center, Braemar Golf Course and Braemar Arena. Management Cost Recovery: Operating revenues as a percentage of operating expenses (excludes depreciation, central services, and utilities). Money Market: A mutual fund that invests in short-term, higher quality securities. Designed to provide high liquidity with lower risk, stability of capital and typically higher yields than some other cash products. Mortgage-Backed Security (MBS): A type of asset-backed security that is backed by a pool of mortgages and originated from a regulated and authorized financial institution. Through the investment in MBS, the investor is essentially lending money to a home buyer or a business. Municipal Securities: Debt securities and investment funds issued by local bodies like municipalities, cities, states, or countries to fund their capital expenditure. Non-Major Enterprise Funds: Smaller scale enterprises including, Art Center, Edinborough Park, Centennial Lakes Park and Braemar Field. Prime & Non-Prime Utilization: utilization represents hours scheduled out of total hours available. Prime vs non-prime is dependent on time of day and year, which are charged at different rates. 17 Page 445 of 449 From: Scott H. Neal <sneal@EdinaMN.gov> Sent: Tuesday, November 18, 2025 12:36 PM To: James Hovland <JHovland@EdinaMN.gov>; jhovland@hovlandrasmus.com; James Pierce <JPierce@EdinaMN.gov>; Carolyn Jackson <CJackson@EdinaMN.gov>; Kate Agnew <kagnew@EdinaMN.gov>; Julie Risser <jrisser@EdinaMN.gov> Cc: Ari Lenz <ALenz@EdinaMN.gov>; Sharon Allison <SAllison@EdinaMN.gov>; dkendall <dkendall@ck-law.com> Subject: Prep Memo for the November 16, 2025 City Council Meeting and Work Session Good Afternoon Everyone – WORK SESSION The Work Session is dedicated to a staff update for Council on current status of the City’s proposed 2026-2027 budgets. We will add a discussion tonight about the fiscal status of the Recreation Enterprise Funds. The Mayor and I would like to wrap up the budget discussion around 6:30 pm so that we can have some time to discuss the Council meeting. I am expecting a full house tonight. We want to discuss how to frame the gun control discussion and what to do if the meeting takes an unexpected turn. CITY COUNCIL MEETING Council Member Risser has requested the removal of item 6.6 from the Consent Agenda. Item 6.25 on the Consent Agenda should be withdrawn from the meeting agenda tonight. It is not ready for action. Public Hearing 8.2 requires the Council to open, discuss, close and act tonight. Kathy Rendelman from the Edina Education Fund will make the presentation about charitable gambling tonight. She is hoping for support from the Council. If you support the general direction she is advocating, you can ask staff to prepare amendments to our current City Code to accommodate her request. We could bring the amendments to the Council for review and action at your December 16 meeting Item 9.3: I will give a brief introduction to the matter, including a staff recommendation to not adopt the ordinance, and then turn the staff Q&A over to City Attorney Dave Kendall. Attached is clear statement from the Minnesota Gun Owners Caucus that they will sue the City if the Council adopts the ordinance. Also attached is a statement from League of Minnesota Cities Insurance Trust regarding their willingness to defend the City in the case of the promised lawsuit. Scott H. Neal, City Manager952-826-0401 | Fax 952-826-0390sneal@EdinaMN.gov | EdinaMN.gov Page 446 of 449 November 14, 2025 Scott Neal City of Edina 4801 W. 50th St. Edina, MN 55424 By email: sneal@EdinaMN.gov Dear Mr. Neal: I am writing in response to your question regarding coverage for claims that might arise from the possible adoption of an ordinance by the City of Edina, a League of Minnesota Cities Insurance Trust member. Thank you for contacting us. We appreciate your membership and support. Unfortunately, we cannot provide certainty about whether coverage applies in a particular situation without an actual claim to review. In this case, it might be affected by the details of the ordinance, the allegations in the complaint, and any number of other factors. Ultimately, our members are in the best position to make decisions for their communities. Our broad coverage reflects that. At the same time, we are bound by the terms of our member agreement. While those terms are broad, they are not unlimited. If a claim is brought against the city, in this situation or any other, please submit it to us as quickly as possible. We will promptly review it, talk with your staff and city attorney as appropriate, and provide our coverage decision. Sincerely, Daniel J. Greensweig Administrator League of Minnesota Cities Insurance Trust Page 447 of 449 PO Box 131718 – Saint Paul, MN – 55113-0015 | +1-612-424-4032 | contact@gunowners.mn November 9, 2025 Mayor James Hovland Edina City Council c/o Office of the City Clerk 4801 W. 50th Street Edina, MN 55424 VIA EMAIL Re: Illegal Firearms Ordinance Mayor Hovland & Members of the Edina City Council: The Minnesota Gun Owners Caucus has been made aware of the City’s intention to introduce a firearms-related ordinance later this month. While we understand the ordinance may purport to delay its effective date indefinitely, such language does not cure its legal defect. This ordinance is facially invalid under state law and represents an unlawful assertion of municipal power. Minnesota law could not be more clear. Minn. Stat. § 471.633 states: “The legislature hereby preempts all authority of local governments to regulate firearms, ammunition, or their respective components…” This is an express preemption statute. It wholly and unambiguously prohibits cities from legislating in this domain. The Supreme Court of Minnesota and the Court of Appeals have both consistently affirmed that preempted ordinances are void at inception—regardless of when or whether they are enforced. See, for example, In re Application of Hoffman, 430 N.W.2d 210 (Minn. Ct. App. 1988), where a municipality’s overreaching permit requirements were struck down under this same statute. Page 448 of 449 PO Box 131718 – Saint Paul, MN – 55113-0015 | +1-612-424-4032 | contact@gunowners.mn The City of Edina lacks the authority to adopt any ordinance that regulates firearms or ammunition, whether directly or contingently. No legislative gimmick—such as an indefinite effective date—can circumvent a statutory bar. The Minnesota courts have repeatedly held that municipalities may not do indirectly what they are forbidden to do directly (Lilly v. City of Minneapolis, 527 N.W.2d 107, 111 (Minn. App. 1995)). An ordinance that is invalid today does not become valid merely because its enforcement is deferred until an unspecified future date. Should the City proceed with the passage of this ordinance, the Minnesota Gun Owners Caucus will immediately initiate legal action to challenge its validity in court. We will seek declaratory and injunctive relief on behalf of our members, supporters, and all peaceable gun owners residing in Edina whose rights and legal clarity are placed in jeopardy by this unlawful measure. The ordinance’s mere existence will cause constitutional and statutory harm, deter lawful conduct, and disrupt the rights and responsibilities of residents and businesses subject to its chilling effect. Let us be clear: if the city enacts this ordinance, we will sue. This ordinance is facially invalid and immediately susceptible to legal challenge. No delay clause, aspirational language, or symbolic gesture alters the plain fact that the ordinance would be an illegal act, passed without authority, in open defiance of state law. We urge the Council to abandon this unlawful course of action, respecting both the constitutional limits of municipal power and the rights of your residents. Sincerely, Rob Doar General Counsel Minnesota Gun Owners Caucus contact@gunowners.mn Page 449 of 449