Memo Recycling Program Update
.
. CITY OF HOPKINS
MEMORANDUM
DATE: April 3, 1991
TO: City Manager, Mayor and City Council
FROM: Kathy Max, Recycling Coordinator
SUBJECT: Recycling Program Update
I have reviewed the 1990 Recycling Program and listed accomplishments along
with 1991 goals.
Additional funding requirements have increased time allocated to recycling
in 1991. At this time the Public Works Secretary position is divided with
60% time spent on P. W . administration and 40% spent on the recycling
program.
Some changes in the County Funding Policy include; 16% abatement for 1991
required for 80% funding, 18% abatement for 1992 required for 80% funding,
County involvrnent in contract renewals, additional materials required for
collection, development and implementation of a Source Reduction Plan,
Specification Policy requiring consideration of recycled products for use
. in city projects, and some reporting requirements.
The 1991 budget could experience a decrease in the Refuse utility Fund
balance by up to $22,000 in 1991 depending on actual 1991 expenditures and
abatement percent achieved.
Assuming that our tonnages will not decrease in 1991 the minimum percent
reimbursement would be 60% and the maximum financial impact should not
exceed $22,000 (based on the 1991 Grant Application) .
We acheived over 12% abatement in 1990, 820 tons recycled out of the 6439
tons of our residential waste stream. In 1991 we will have to increase the
tons recycled to 1030 tons, a 211 ton increase. In 1992 we will have to
increase the tons recycled to 1160 tons, a 340 ton increase from the 1990
requirement. If we acheive the additional 211 tons in 1991 our increase
for 1992 will be only 129 tons.
Given the increased abatement goals for 1991 and 1992, greater efforts will
need to be made in order to increase the tonnages collected. One area
which was not significantly represented in 1990 was multiple family
buildings. Hopefully the mandatory recycling ordinance will increase our
tonnages collected from those buildings.
Things that could be considered to increase recycled tonnages are; increase
publicity (more mailings, special collections of tires or batteries, use of
cable TV), and make stronger efforts to locate private citizen recycling
tit programs (i.e. churches, schools, neighborhood associations) .
.
April 3, 1991 Memo
Page 2
1990 RECYCLING ACHIEVEMENTS
0 25% of P.W. Secretary time allotted to Recycling Coordination .
- Phone Calls
- Meetings
- Administration
0 12.7% Residential Waste Abatement
0 24.8% Total Waste Abatement
0 80% County Funding amounting to $68,236.00
0 52% average participation in the residential curbside program
0 Drop-off center with the city of Minnetonka-continuation of 1989
program
0 Office paper recycling-continuation of 1989 program
0 Cardboard recycling
0 Information booths at Mainstreet Days and Raspberry Festival
0 Addition of 520 townhouse units to the curbside collection program
0 Mandatory Recycling Ordinance
0 Multi-family, commercial, industrial, institutional mailing informing
them of mandatory ordinance
0 Recycle for Cash Award program developed
0 Gave recycling presentations to approximately 10 classes in the
Hopkins School District
1991 RECYCLING GOALS
0 40% of P.W. Secretary time allotted to Recycling Coordination
- Phone calls
- Meetings .
- Administration
0 Work toward 16% waste abatement to qualify for 80% Hennepin County
funding assistance - evaluate for budget purposes
0 Evaluate year end recycling reports sent in by MUlti-family,
commercial, industrial, and institutional properties - contact
properties that have not responded - work with properties that require
assistance
0 Drop-off center with the City of Minnetonka-continuation of 1990
program
0 Develop, implement and monitor source reduction plan for city
buildings
0 Develop a comprehensive procurement specification policy for publicly
funded construction or remodeling projects which give equal or
preferential consideration to materials with recycled content
0 Increase public awareness - increase promotional activities
0 Give presentations to classes in the Hopkins School District
0 Information booth at Raspberry Festival
0 Recycle for Cash Award program - continuation
0 Monitor city recycling (office paper, cardboard and aluminum)
0 Investigate new opportunities to expand and improve our recycling
programs
0 Required Recycling Space - State Building Code
attachments: Budget info - 1/28/91 letter re: waste stream
1990 Final Report - 1991 Grant Application .
Source Reduction Plan criteria & Proposed Plan
Excerpt from Hennepin Co. 1991 Solid Waste Mgmt Agr.
Required Recycling Space, building code summary
Hopkins Recycler, next issue
.,]
. 717 REFUSE UTILfTY
..1
.. FINANCIAL SUMMARY
Actual Actual Actual Budget Budget
I. 1987 1988 1989 1990 1991
EXPENDITURES
PERSONAL SERVICES $ 86,630 $ 91.245 $ 115.884 $ 112,200 $ 145.000
. SUPPLIES 32,279 20,579 25.421 29,400 29,300
OTHER SERVICES AND CHARGES 196,184 193.715 289,868 460,300 466.200
NON-OPERATING 66,469 62.844 59.252 51.000 57,000
TOTAL $ 381,562 $ 368.383 $ 490,425 $ 652,900 $ 697.500
. REVENUE
Refuse Service Charge $ 343,839 $ 382.341 $ 504.781 $ 592.000 $ 594,000
Bulk Item Charge 43,780 37,108 48,187 60.000 45,000
Recycle Fee 6,290 24.000 24,000
Recycle Material 1 ,407
Recycle County Grant 26.776 117,010 60,000 70,000
Yard Waste Rebate 30,000
Interest Earned 1,200 2.800 4,000 2,000
Other Miscellaneous Revenue 514
Gain on Sale of Fixed Asset 1,500 (17,950)
TOTAL $ 390,319 $ 431 ,075 $ 682,189 $ 736,000 $ 765,000
Increase (Decrease) to Fund Balance $ 8,757 $ 62.692 $ 191 ,764 $ 83,100 $ 67,500
RETAINED EARNINGS 12-31 $ 56,346 $ 119,038 $ 310,802 $ 393,902 $ 461,402
T;' Capital Outlay $ 522 $ 7,747 $ - $ $ 94,000
- Refuse Rate Per Month 1-1 $ 7.40 $ 9.40 $ 11,90 $ 17.25 $ 17.25
f- 2-1 $ 9.40 $ 10.90 $ -
7-1 $ 15.10
- Recycle Rate Per Month 1-1 $ $ $ $ .75 $ -/:::
- ,I ~
-
L~ 7-1 $ .40
PERMANENT STAFFING
L Street & Sanitation Superintendent 0.30 0.30 0.30 0.30 0.20
Street Maintenance 2.50 2.50 2.60 3.20 3.50
Administrative Support 0.25 0.25 0.40 0.70 0.60
l= 3.05 3.05 3.30 4.20 4.30
SIGNIFICANT EXPENDITURES
. - Services & Charges - Provides for equipment maintenance & repair - $15,000; heating fuel - $1,400;
- contracted maintenance - $3,800; administrative fee - $21,600; insurance - $8,600; disposal - $330,000;
recycling contracts - $78,000.
- Supplies - Provides for equipment parts - $16,000; motor fuels - $7.000; uniforms - $500; postage - $800.
1991 CAPITAL OUTLAY DETAIL
-
Dept. Manager Adopted
- Item Reauested Proposed Proposed BudQet
. Refuse Truck $ 90,000 $ 90,000 $ 90,000
Recycling Containers 4,000 4,000 4,000
~ $ 94,000 $ 94,000 $ 94,000
-
188
-
-
.
CITY OF HOPKINS
January 28, 1991
Roark Haver, community service Dept.
city of Blaine
9150 Central Avenue
Blaine, MN 55434
Dear Roark;
Here is the information we discussed at the January A.R.M. meeting
regarding the decrease in refuse tonnages collected since we began our
recycling program in February of 1988. Please note that we only
collect refuse from residential properties, single family up to four-
plex units.
1987 1988 1989 1990
3,800 3,451 3,260 2,851 Residential (single family - .
faur-plex) yearly refuse
collection tonnages
t:..3 (,
470 636 ,~Yard Waste composted (tons)
'ff2..0
991 700 95it Recycling tonnages collected
(single family - four plex)
125,436 191,934 256,590 Residential (single family -
four-plex) yearly disposal
costs.
* estimated - final figures not completed yet.
If you have any questions please call IDe at 939-1382.
Thank you.
Sincerely,
K;dl~ I O. iJ2 ~~X
Kathy A. Max
Recycling Coordinator 4It
1010 First Street South, Hopkins, Minnesota 55343 612/935-8474
An Equal Opportunity Employer
-~~ " .~---~.~~~~--~~~---~- - ~-. -- .. ~ ~.- ~-~.~ "-'"'"- .~-',- ~_.~~ _.~------"--..._-_.._-
1990 HENNEPIN COUNTY FINAL REPORT
MUNICIPAL SOURCE-5EPARATED RECYCLABLES PROGRAM
January 1 - December 31
. (Use Black or Red Ink Only)
HOPKINS
City
18lt4ili~imlllle.~111__li!l.ll_t.~lilt~[~1\1f.1f.~~\i11__"t.1\~lil__~~t.Wf
Tons Curbside Tons Orae-Off
A. Residential Source-Separated Tonnages Julv~Oee Annual Total JUlY -Dee Annual lOt<:
NEWSPAPER 245.9 429.4 100.5 183.9
METAL CANS 20.2 32.8 4.1 ~ q
I . _
GLASS 48.4 114.7 i 10.1 21.0
CARDBOARD I 4.7 8.2 5.6 12.0
PLASTIC I 3.1 I 3.1 3.8 I .., a
I . _
Total I 322.3 I 588.2 I 124.1 I 232. -:
Total Annual Tons A (Total Annual Tons Curbside + Total Annual Tons Drop-off)1 820.9
1" -~,
Funding Abatement % (Divide Total Annual Tons A by Residential Waste Stream) L. . ; ,:;
..
., Tons Curbside j Tons Oroe-Off
B. Other Residential Tonnages Julv~Dec Annual Total T Jujv~Dec Annual To::
HOUSEHOLD ITEMS I I I
OFFICE PAPER I I
SCRAP METAL I
USED APPLIANCES I 16.0
LEAD-ACID BATTERIES
WOOD WASTE 82.0 126.0
FOOD WASTE
OTHER (LIST) YARD WASTE 205.0 636.0
I
I
Total I 287.0 778.0 I
Total Annual Tons B (Total Annual Tons Curbside + Total Annual Tons Drop-Off) 778.0
.... Total Abatement % (Divide Total Annual Tons A + B by Residential Waste Slr:::am)
,. 24. 3~;
Recycled Paper
PAGE 1
;,.;",':':':';':';<<'~:i::::';M!::::::':';:';:;::;::::::'"::;::;:,*~:~&>';:~~~~~""'~=>S:~~~::<:'::i.:.~""*:~::;;N:;:;:;::~~i;::';''''~~S,@n~~ii~~~~$*-<:;:>>%{",,~.;;.\t~~:;:;;~:;~~"'iW-%"~:;;";;i" ~;i;'Z'::'''''Wj~';:Y''';'~~:;*'''~
,",',:",,'''' .."."'psOeeSSQRSlENOdiAAJRklET "':'1if"fbi"'"'''<'Malsrl ""W~~;" . 'Y*,"~~'W " .., . ""'i;l" ',:.' , '$.
1:e~t$;nJi~l.,:;,;,.,.:"":/.:'.:.::'::;"",.".".",,..;.":::,;";:.:...:.":;":.,.,,;,,,.::.f:,.,,.;,,..<<,,:.:::.,;;,::;,:-".i"L",:(~2Jtt,.:.)yt,,',:.:.:,"',:.,".),.Ji!,,~~rhI{sii?}4W$\4fu1:___?'}:&W:1:" :", ,~~ ,,,-,,,, " :, :
NEWSPAPER 158.6 - Pioneer Paper 454.7 - W~l~n~~
MET AL CANS )
43.1 - American Iron
GLASS 130.5 - Anchor Glass
CARDBOARD I 20.2 - \.]aldori
PLASTIC I 11. 0 - \vaste ~fgmr:/Dupont Plastic Alliance - Chicago
HOUSEHOLD ITEMS
OFFICE PAPER I
SCRAP METAL I
USED APPLIANCES I 16.0 - ARC\.
LEAD-ACID BATTERIES 1
WOOD WASTE I 63.0 - Hauled to Hennepin Count;' Tree Recycling
63.0 Stock piled for use in C:.tv Tree P1antino/To"'''1
-. I Reside!l1: use.
FOOD WASTE
OTHER (LlST) YARD t.;TASTe;' U,NDSP:!ll:AD IN :-!.<U'LE r;RnVF '-fT'1\ '1 6,36 tons
LANDSPP,EAD AT CITY miNED GARDENS &. PICKED UP BY
LOCAl ~F<::lnFN'T'~ ') II n ,..,..,.,., ~
-
Recycling Program Administration
Position TiUe , Rate/Hour I Total Hours $
Recycling Coordinator 16.00 416 6.656.00
POSltlon TiUe I Rare/Hour I ToraJ Hours $
Position TItle I Rata/Hour , Total Hours $
3. Apartment Recycling Program Administration
Position Title I Rate/Hour I Total Hours $
Recycling Coordinator 1(:" nn 104 1_664.00
I Rate/Hour , TOral Hours
Position Title $
:. Recyclables Collection (Municipal Crews)
Position Tille ) , natelHour I ToraJ Hours ~
Pasibon Tille I Rate/Hour I ToraJ Hours $
D. Consultant Fees
Consultant Name/Company Services Performed $
Consullant NLlme/Company SelVlI:es Perlormed $
TOT AL LABOR EXPENSES $ 8,320.00 I
Recyded Paper
PAGE 2
~Pann\i:11:fEQUIEMEmmt.W1.WJH$.Jt%W\1il1#~~~f{t~t%\tJ{;jMif,1~~fdm~]~mt.f:~~~*1&%\$~~%i*BMt;:Mt~#$.~~~~4
A. Vehicles & Trailers N/A
VetlLc!e Description I 0 0 I COst NetTicle I Quanuty $
Purchased Leased
Vehicle Description j 0 0 I Cost Nehicle I Quantity $
Purchased Leased
TOTAL EQUIPMENT EXPENSES $ 0.00
f.iad1M1t~!!jREgyamfR&1IiQe;0FFtiIENmEB$tg1kV1$*~.lg41%1t111ij;milt1Rf[$J.fulj*lt1~%1R&~Th%;~~i:t
A. Operating Costs of Drop-Off Centers. (rist location and itemize expenses)
Location
11522 Minnetonka Blvd, Mtka~ MN 55343 32% HODkins 68% Minnetonka
itemIzed Expense
32% of ,.....,,.,t-r,':l,..j-o,; r,,<oj- - ::;69.28 oer month $ 831.36
llemJzeo t::xpense $
Locatlon -
Itemlzec expense S
itemIzed t::xpense js
TOTAL DROP OFF-CENTER EXPENSES IS 831.36
NOTE: Please list all activities, brochures, video tapes and advertisements produced, distributed or primed, and submit
three copies of all promotional materials (except video tapes).
/ !lam DeSCllpuon 1,....,UJarlEU)' i.;t'lI~1 1$
/ - I I 50.00
Cash Award Drawing - 13 Winners @ S50.00 each 13 6'iil nn
Hem Oescncnon ....uanlllY J ~nn Wsa IS
Video Tape -Alu-Man the can 1 20.25 20.25
Item Oescrrpuon i :uar1tl:y i .;n. l.=l /s
Waste Education Manual - artvork 1 I 'J f.t 6. ~ Z"-.45
Item Oescripoon . , ':J:uanuty j Uno G.J5t IS
. . Mandator'1 Ord~nance 389.35
Postage - M1SC Correspondence - Mailin~ too@ S.35
Item Descr/pocn . I .....1,JaJ'lmy I un. Cool IS
Recycler Inserts to Highlights - 3 @ $35il.00. I 3 350.00 1 n"in nn
Item Descrlptlon I c..::uanmy I un. 1,..>$\ 1$
Mise Program Changes/information mailings 330.08
TOT AL PROMOTIONAL EXPENSES I $ 2.464. 13
Hefti\flf;~?:Hr€t1RBS'iOE:::(1€)j[I1EQT.IQN~e:QNia!AGmjt;:~@I41@WMM~m:~:~:~W~~~:IIr:Wti:J.j:jtkiMtI@i@1@~~t:'M*-tJ;t@iii@#W#M@I::~t:::
~:~:., .~~-.' _" -...}-.:~~t ..i.",".. ~~~:{~::...~::.~::..::._.;...~.,.:...o. 0';'... ._:.. .~..:: '.~... :.o.:~:::.,:::.>_ :.:,~:.-.- :~:c. .::~:. C .T. . .-:.-::.:J}....:..:::..::...::...:~:._~:'. T:~: -:.~.. : . :~..}.)..}.. : . ~~:...:., ::. ..{ }~:r8~t~:~:~~~~:~~~~*tt$~~:~~~~*~~;~;~:~::;:::~{~~~:~~~~.~~~~~~:::~:~~~r:::::~~:::::;:~:;~:f:f;~:~~:~:~~~{;~~~~~f~:~:~:~~~:~~~~~~:;:};t:::~~~~~:~m~~r:~~:=:::::::~::~~~~~~:;:;::;;~::;:
A. Contract Payment
Conrrac:or I HH's Served ) GosllHH $ 73,679.50
T..Jas t e Manag P!11e!1 t - C:;""vacro 2780 2.15-- 2.3,')
TOTAL CURBSiDE CONTRACT EXPENSES Is 73,679.50
TOT AL PROGRA~ EXPENSE~,(8d~,}citals of P~ir1111. Through Part VI!.) 1,$ 35,29~.99
Recycled Paper
PAGE 3
A. Sale of Recyclables N/A $
8. Other (describe) N/A $
TOTAL REVENUES S 0.00 (
(Mid-year reimbursement = 25,770.03)
0-00
0.00
HH's Served in Oaooer
13 900
It Addilional Measurements Please Detail
Mayer/City Manager ate
Rec'lcling Coordlnalor --t:."'dA' ti. !/)cz/<' ale
l/~ !'--(
/
.~ ,
Recycled Paper
PAGE 4
1991 HENNEPIN COUNTY GRANT APPLJ(,;A { fUN
MUNIC%PAL SOURCE~5EPAflATED RECYCLABLES PROGRAM
(Use Slack or Red Ink OnJy)
The City of HOPKINS located at 1010 FIRST STREET SOUTH, HOPKINS MN 55343
J
implement source-separation programs for recyc!ables during the period ~~~ to E.JJ2..J 91
Required:
A brief description of your program is required in the space below (do not attach additional pages).
Attach:
o Executed copies of contracts for collection, processing and marketing of recyclables colJec.ed curbside and at drop-.:
centers.
o Itemized breakdown of any information presented in summary form on this application.
o Solid Waste Source Reduction Plan.
The application will not be processed without this documentation.
The City of Hopkins extended its contract with Waste Management on September 4, 1990 to
provide curbside and alley pick-up of recyclable materials through June 30, 1993. The cost for
weekly collection of newspapers, metal cans, glass, corrugated cardboard, and plastic; milk, -
water, pop and laundry detergem bottles is $2.30 per household per momh. This program
serviced approximately 2780 households through 1990 and is expected to add approximately
500 townhouse units throughout 1991. This continues a curbside collection service established
, / in February 1989 and operated by contract and city forces through 1990.
The City of Hopkins will continue to provide a drop off recycling center for newspapers, metal
cans, glass, cardboard, and plastic through a joint effort \\lith the City of Minnetonka.
In an effort to increase our recycling effort Hopkins passed a mandatory recycling ordinance in
July of 1990. On January 1, 1991 for multiple-family dwellings and July 1, 1991 for commercial,
industrial, and institutional buildings in Hopkins it is mandatory that recyclable material which
accumulates on the premise be collected separately from regular refuse.
Yard waste will continue to be collected weekly on a call-in basis from April!5 through October
31 by City crews. During the month of November a city wide leaf pick-up is conducted. The
yard waste Vlill be delivered to City or County designated compost or landspread sites.
Beginning August 6, 1990 a cash prize drawing was initiated on a weekly basis. $50.00 is given
to the resident whose name is drawn after it has been determined that the resident had their
recycling out during the week their name is drawn. In the event that they did not have their
recy~ling out, t\Vo names are drawn the following weeks umil the money is awarded. A
maxImum of two names are drawn each week.
City employees have the opportunity to recycle office paper, newspaper, glass bottles, metal
cans and corrugated cardboard in municipal buildings.
.
! KATHY ~~{. RECYCLING COORDINATOR 939-1382
Mayor/City Manager Contact Person Phone
Printed on Recycled Paper
--..-----.
~. Residential Curbside Collections Tons 8. Residential Drop~Off Collections Tons
NEWSPAPER 439.0 NEWSPAPER 292.7 " ,
ALUMINUM CANS 9,0 ALUMINUM CANS 5.8
BI.METAL CANS 16.0 BI.METAL CANS 10.6
GLASS 95.4 GLA.SS 63.6
CARDBOARD fl.9 CARDBOARD 13.3
PLASTIC BOTTLES 6.8 PLASTIC BOTTLES I 10.3
HOUSEHOLD ITEMS Major Appliance 60.0 HOUSEHOLD ITEMS ,-
OFi=ICE PAPER I OFi=ICE PAPER I
SCRAP METAL 3.0 I SCRAP METAL I
LE.3.D-ACIO BATTERIES LEAD-ACID BATTERIES
OTHER (LIST) OTHER (LlST}
~. Total Tons Curbside I 638.10 I B. Total Tons Drop-Off I 396.3
,'-JTAL TONS (Add Total Tons A & 8) I 1034.4 I ABATEMENT % (DiViCe Total Tons bY, ) I a
Res. Waste GeneratIon 16.0%
:. Other Materials- CoHected I Tons
TIRES I 1
OIL I
OTHER (LIST) I
.:.. Recycling Program Administration I TOTAL
EXPSNDITURE
Position Trtle I Rate/Hour I Total Hours j$
RECYCLING COORDINATOR 17.00 532 9.044.00
Position Title I Rata/Hour Total Hours
$
Position Title I RateiHour Total Hours 1$
3. Apartment Recycling Program Administration I
Position TItle I 1~~t5~our I TOjal Hours
RECYCLING COORDINATOR 00 $ 5,100.00
Position TItle I Rate/Hour Total Hours $
:. Recyclables Collection (Municipal Crews) N/A
POSI!lon lltle Rata/Hour I Total Hours $
PosIlion Title Rate/Hour 1 Tota! Hours
$
Position Tille I Rate/Hour I Tolal Hours $
TOTAL LABOR EXPENSE ,S 14,144.00
Page 2
A. Vehicles & Trailers TOTAL
EXPENOrrUF
Vehicle Description Purchased D LaasadO $
VehICle escnpuon uantity
Purchased 0 LeasadO $
TOTAL EQUIPMENT EXPENSE $ O.DC
A. Locations
Na~Aaaress 11522 Mtka Blvd~ Mtka~MN SAT / ~. ..
Mtka-Hopkins Recycling Center (32%) I
Materials NEWS ace METAL CANS
Collected OTHER (specify):
Namel Ado rass S~T / :::.::
I
Materials NEWS METAL CANS
Collected OTHER (sceci .
Name/Address St;~
Matenals ME I AL CANe
Collected
B. Operating Casts of Drop-Off Centers - (list location and itemize expenses for each canter)
Location I
11522 Minnetonka Blvd. Mtka, MN 55345 (32%)
Itemized pense
/ $69.28/Month - $ 831.:3F-
/
Itemized Expense $
Locatron
ItemIZed expense $
itemIZed Expense $
TOT At DROP-OFF CENTER EXPENSES $ 831.36
NOTE: Please list all activities, brochures, video tapes and advertise~ents produced, distributed or printec
and submit threg cccies of all romotional materials
Item Description Unit Cost
Cash Award Drawing '50.00 $ 2
Item Descliption Unit Cost
Newslet~er Inser~s/~earnu~s 350.00 $ 1.400.00
tern escnptlon Unit Cost
Program Change notices 850.00 $ 1,700.0C
Item Description . d T Unit Cost
V'l. eo apes 20.00 $ 40<OC
Item Descnption Quantity Unit Cost
$
TOT AL PROMOTIONAL EXPENSES S 5,740.0C
Page 3
. Contract Payment TOTAL
EXPENDITURE
Cantr.ldar '11 . a Plex HH's Served r Cost/HH
Waste Management - Savage 3,280 82.30 $ 90,528'-00
Contract Dates I Collection Frequency I Same Day Recyc:ables/Refusa I ;
/1/90 thru 6/30/93 Weekly IX! Yes 0 No
. TOTAL CUR8SIDE COLLECTION EXPENSE IS 90,528.00
. Sale of Recyclables $
Other Revenues - (Describe) $
$
TOTAL REVENUES $ 0.00
TOTAL EXPENSES $ 111)243.36
LESS REVENUES ($ o . 00 )
NET PROGRAM EXPENSES $ 111,243.36
CITY SHARE ( 20 %) $ 22 , 2 48 . 67
- COUNTY SHARE (~%) $ 88,994.69
J. Purchased I No. HH Receiving I CosUContainer I Total Cwst I ClTY SHARE $
*lc[)O 400 $5.33 $2,132.00 132.00
for 5-8, COUNTY SHARE ~
.,- '1Tl,t-", 2.000.00
TOTAL CITY EXPENDITURES (City Share of Program Expenses + COn1ainers) IS 22,380.67 .'
r AL COUNTY REIMBURSEMENT (Caunty Sh~re of Program Expenses + Containers) $ 90,994.69-
0!_.'Ig~D.~1f!q~a4JA.lltii~lw'l!i!i,t!t,~lt~~~!ii~li~~lfI1fi~\f~!i!i!li~~!lfJ...""
3uiJdings I No. ot I Cost! I Materials Collected (please circle)
ad: Units: HH: NEWS - ace - METALS - GLASS - PLASTIC BOTTLES - OTHER
Page 4
".___0._-
BUREAU OF PUBLIC SERVICE
A-2309 Government Center
. HENNEPIN Minneapolis, Minnesota 55487-0239
Phone (612) 348-6509
CRITERIA FOR MUNICIPAL SOURCE REDUCTION PI..ANS
Source Reduction plans submitted to the County must outline in detail the citys'
ability to achieve a measurable level of pource reduction. Source reduction is
difficult to measure, however, the County's plan suggests possible methods of
measuring your activities.
plan outlines submitted to the County must include the following details. A plan
that does not address all of these points will be returned to the city for an
appropriate response.
If you have not received an example of the County's Source Reduction Plan, please
call 348-6509. Other information about source reduction activities is available
from the County or the Office of Waste Management Clearinghouse (649-5482}.
I. Definition and Goals
.
II. Existing Source Reduction Activities
A. List existing source reduction activities
B. Report volume and weight reduced where possible
III. Planned Source Reduction Activities
A. List of activities proposed
IV. Education and Promotion Plan
A. What methods will be used to educate employees
B. Who will implement the education program
C. How often will employees receive promotions
V. Implementation Date and plan
A. Roles and responsibilities of municipal employees (i.e.,
administration, purchasing, employees, maintainence, etc.)
B. Time schedule for implementation
VI. Reporting to the County
. A. The Semi-Annual and Annual Reports to the County will include a section
on Source Reduction Activities
HENNEPIN COUNTY
an equal opportunity employer
PRINTED ON RECYCLED PAPER
CITY OF HOPKINS
PROPOSED
DRAFT DRAFT
SOLID WASTE SOURCE REDUCTION PLAN .
INTRODUCTION
The city of Hopkins has developed the following Solid Waste
Source Reduction Plan which will investigate options for solid
waste source reduction for waste generated in City buildings.
Part I - Solid Waste Source Reduction Goals
0 eliminate unnecessary purchases altogether;
0 reduce the amount of waste generated;
0 purchase products with longer more useful lives;
0 purchase environmentally friendly products (products made
from recyclable or recycled materials); or
0 investigate new uses for materials before they are thrown
away or recycled.
0 educate employees on source reduction techniques
Part II - program components
The Recycling Coordinator will research options for incorporating
the six goals listed above into reducing, reusing, and recycling
decisions made within the city of Hopkins buildings.
The following practices will be defined and promoted to employees .
in an effort to begin immediately to reduce the amount of waste
generated and help conserve energy.
0 double sided copying of documents
0 bring and use a reusable coffee mug at work
0 maintain central filing systems, to eliminate duplications
0 keep mailing lists up to date
0 use bulletin boards as a central announcement system
A section in the monthly employee newsletter will be devoted to
addressing these source reduction activities.
The waste stream at all city buildings will be reviewed and
analyzed annually for new source reduction opportunities.
Whenever possible new practical and attainable source reduction
options will be implemented.
Training sessions on solid waste source reduction for city
employees will be made available.
Efforts to measure the impact of source reduction activities on
the waste stream will be made and recorded.
Part III. Reporting to the County .
When filing our Semi-Annual and Annual Reports to the County we
will report out source reduction activities in the appropriate
section supplied by the County.
,
. enter ,city name
Reimbursement Schedule
Total
Solid Waste Materials % Funding Assistance
Year (Tons) Recovered (Of Net Program Costs)
1991 0- Prorated
- 40%
- 50%
- 60%
+ 70%
d. The City will receive an additional 10% of net program costs upon
receipt and approval of the final written report, if comprehensive
procurement and specification policies for publicly funded'
construction or remodeling projects which give equal or preferential
consideration to materials with recycled content is adopted by
July 1, 1991.
e. Payment to the City will be made as provided by law far payments of
~ claims against the County.
4. LIABILITY. INDEMNIFICATION, AND INSURANCES
. a. The City agrees to defend, indemnify, and hold the County, its
officers, and employees harmless from any liability, claims,
damages, costs, judgements, or expenses, including reasonable
attorneys' fees, resulting directly or indirectly from an act or
omission including, without limitation, professional errors or
omissions of the City, its agents, officers, employees, or
contractors in the performance of the services provided by this
Agreement; and against all loss by reason of the failure of the
parties to fully perform, in any respect, all obligations under this
Agreement.
b. The City shall by separate policy or under its self-insurance
program maintain and keep in force at all times during the term of
this Agreement or any renewal thereof the following insurance
coverage:
(1) Single limit or combined limit or excess umbrp.ll~ r.nmmprc;al
general liability insurance policy of an amount not less than
$600,000 for property damage arising from one occurrence,
$600,000 for damages arising from death and/or total bodily
injuries arising from one occurrence, and $600,000 for total
personal injuries arising from one occurrence.
(2) A single limit or combined limit or excess umbrella automobile
. liability policy, if applicable, covering owned, non-owned,
and hired vehicles used regularly in the provision of services
under this Agreement in an amount not less than $600,000 per
accident for property damage, $200,000 for death and bodily
Page 5
,
-~ ,
DOUBLE CYLINDER DEAD BOLTS
16B.61
(h) No provision of the code or
!,." appendix chapter of the code may
prohibit double cylinder dead
bolt locks in existing single-
family homes, townhouses, and
first floor duplexes used
exclusively as a residential
dwelling. Any recommendations
or promotion of double cylinder I
dead bolt locks must include a
warning about their potential /~
fire danger and procedures to
minimize the danger.
/( /
! i /
c',REQUIRED~_RECYCLINGSPACE;j;.11 II/~
~......, ," ,,-'",- "-IfEf.....~ ".~" " .", '.',~., '" -,"",,'1"..,' L/ -
_~'n_, ,,--- :" ,aa-. 61:"- - ,
o. ...n"W.-,~ .,I
The 'code . lnust"reqy.ir:e.:..s1.ii'table
space'~:.for:~~lie":ZSepa::Eatfoh., APPEALS
co llectforF;.r.~nd' b~mpi:irary. 16B.67
storage:oCrecyclable::ma terial~ A person aggrieved by the final
withi-n' or-;:a'dj:acent".,to 'new-'ci'r:4 decision of any municipality as
significan.tIy:~.remod'eIed' , ~ to the application of the code,
structures::-~tha t,::-conta' irf'l;OOO'..f including any rules adopted
squal::a.:.fee:t:'::or~more:.:~' under sections 471.465 to
(\a.- Res.i;1i~t'i~+~~~H~9_t~e~wfthi*resS;- 471.469~ ~ay within 180 days Oi~
than:~~:-dW~l:l:inqS:;:J;lIl.tt$-.-;a'r:~;- ':0- -o. ' the d~clslon, appeal to the '
exempt':from. :1:fiis,":-suBdivlsJ:bn';. commissioner. Appellant shall
submit a fee of $70, payable to
"Recyclable materials I' means the commissioner with the
materials that are separated request for appeal. An appeal
from mixed municipal solid must be heard as a contested
waste, for the purpose of case under chapter 14. The
recycling, including paper, commissioner shall submit
glass, metals, automobile oil, written findings to the parties.
and batteries. Refuse derived The party not prevailing shall
fuel or other material that is pay the costs of the contested
destroyed by incineration l.S not case hearing, including fees
a recyclable material. charged by the office of
administrative hearings and the
"Recycling" means the process of expense of transcript
collecting and preparing preparation. Costs under this
recyclable materials and reusing section do not include attorney
the materials in their original fees. Any person aggrieved by a
form or using them in manufac- ruling ~f the commissioner may
turing processes that do not appeal l.n accordance with
cause the destruction af I Chapter 14. For the purpose of
recyclable materials l.n a manner this section "any person
that precludes further use. aggrieved" includes the council
;\.,.t 0n disability is the appellan~. ~
The department of employee
relatio~s may, at the request of
the commissioner, provide
statewide testing services.
,
ts-0~ Hopkins Recycler
IIO..IN$
~~CYCLlHQ
nl.UII2
.
INTRODUCING THE 31MPLE SEPARATION RECYCLING SYSTEM
It is no longer neceSSrlry to individually bag your recycle materials.
Simply separate your recycle materials into the two basic categories
described below. Place <:111 oF. your recycle materials from category .I
together in the bottom or your recycling container. Bag or bundle a J I
materials from category 2 and place them next to your recycling
container.
CATEGORY 1: CONTAINERS
Aluminum cans. Bi-metal beveraqe cans. steel food cans - Rinse clean.
Glass -jars (, bottles - 11.11 colors (do not break glass) - Rinse cleull.
All plastic bottles - (except those noted below) - Rinse & remove
caps.
CATEGORY 2: BAGGED OR IJUNDLED MATERIALS
lJewsprint - Bag or bundle, place next to recycling container - lJo j t11l~;
mail, catalogs, magazines Dr:- phone books.
Corruoated Cardboard - Bundle, place next to recycling container - lIo
pizza boxes, chipboard, cereal boxes, pop or beer cases, etc.
. Recycling Plastic Bottles Is Ea~ Heres How
~
'I. r"'l'pan' n..,v 4. 1'1I11'1,1...lil'I",~1I1's hI
[1] pl:.ls4ir' l~f,IIII'" III, it POlI'P1 ~l:lg ~11':ldl' "1)111
'll n.t \'Ilirq~ c/\ I'Fi1~;lk rt'q'llill",l.io Include These Kinds of PlaSfic OotHes:
, h(lIUI' h. iln" t IInl.-III' KITCHEN LAUNDRY
cr with 0 Ill'rkl Sl:l: _ Pop . Liquid I,undr" d.tr'g~nt
1191 fur e,ollll'les, _Milk . Bleach
_ Water . fabric softener
_julee HOUSEHOLD CLEANERS
" 5. . Syrup . Liquid dish delergent
2. ~ _ Ketchup . U9uid household dean."
l'~ l11l11t" ;q.~~ iltul 1'1,11 I' 1"11111 I>~'g!:r'll Of ., ..." . Cooklng oils I window, bAtll room l.c
I'IHII"" ,llulllll"\V 111111. ~ II 'II III ",''',!',Il'' 'I ~U;"'l; t BATHROOM k itchen denn~T J
IIwn, jU\';'Y, rH HI I'n tl .~' 1~1 rllUf .Shampun AlJ]OMOTlVE
H'~ \t ~~ll': I'nl ~1 \',n, Hl'l'tI _ Conditi.,ne, . lVlndshield w.l!':hf'r
III. nil 'j II Ilto!':1 i\ IIlJllh'~. - Co.meti"" .,\ntiIre't":te
_ pm bottle. . 1\lotcr oil boll1e~ tdo n[J~
. lotion. rin~f'. dra.ln botlt~ lhlJtau~hl\'
3, l!iIlW, ~'''' dl1I1'1 6. l'l1t Iltlll'l;"lir Ivhr'n fmptvir;~ lI;nd t~kf' ~L~r-d
W llil ~D ~din~ ('!!J1I~t'
nl't'd 'U ,I.HUH'I. m hlllll,'~ wilh "II..., 11" \' ~
'01,[.1., 1l1,,,,,',iI,I.., [) J dllhh"~ "r -;;, III Iln \-"111
rlea... lIilIII'" ""lilt'" C'"C1llt"fl'I1U l t~,
Sn UlI'Y 1-i1kl' nl' Oon'l Include These Kinds of rlastic lIem.:
1l'!'IS IPUIII . 8.g5 &, W"P . f." "" luo. 5uch oS
. . C.p. &: lid. p~i'Inut bu Iler, ~fog~1 rt
. TOY5 ilnd milfgarinp.
_ MedlC31 .upplie. _ r.ils 5uch .5 ice
cream
_urge,pra5ttc II.~., _ Rower pot! &. arom
PROGR!Il1 IS Bot FUNDED . Pl'!ttade &. herbICIde. plastlc5 g
II 'I'H E HOPKINS RECYCLIlIG . Solve~r!, p.int! &: _ Tupperwo,e &:
BY THE IlEtlNEPIN COUtl'l"{ OO^RD OF COMMISSIonERS" ildhe51ve!= microwav," rontainers
1 In',. rb'lh: i ~r"", .~~ II r.(Ie b. (alllfn... ., Ihlt 11m.
.
.~ - (/''lJ
\.1 ...malieilsecondnalure' ~tlJ ·
HENNEPIN RECYCLES
HOPKINS 1990 RECYCLING RESULTS
In 1990 the Ci ty of Hopkins recycled over 613 tons of newspaper, 1\ 0
tons of metal cans, 135 tons of glass, 20 tons of cardboard and 11
tons of plastic. This abated over 12% of our residential waste stream
from landfills and incinerators. When recycled yard waste (636 tons)
and brush (126 tons) are added, our total abatement is over 24%.
Reaching over 10% abatement through recycling of newspaper, metal
cans, glass, cardboard and plastic, qualifies the city for 80% funding
of its eligible recycling program costs from Hennepin County. This
funding has helped us to avoid increases ill the refuse utility rilte by
avoided waste disposal costs and has helped to subsidize our
recycling program. Through recycling \~e ;)re s<lving our naturill
resourCes and decreasing the amount of wastes that we send to
landfills and incinerators.
~ I COMPOSTING
~ 0)' I Yard waste such as leaves. grass
/-",,;i l~ clipping~ and brush accounts for
(:- <) It ~- nearly n1.ne percent of our househo it!
)k ,]- or! '....aste.!ill easy way to retllle'" rill,'
-- ~, . ,j"<J'Y" ',~C1ste i1ncl keep collection r~0C'I'~' 11'
u ~ .J~l-\{"I~ ~'" ('I1p.c1~, i~ l:~ r'OcycLp YFlnl u'!llI!,;p -111,1
RECYCLING C' I~ 7 01/d.3= ~ other orgalllc wnstes by compostillCj.
composting turns these wastes intu
Recycling is separating items in a valuable resource. Nhen added to .
ou r garbage '....hich can be reused or g1'l r;dens , . compost loosen~ he;, '1y
reclaimed. Glass, metE'll, paper, 50,11s, improves plant root grovlth
plastic, motor oil and other and helps hold water and nutrients
pcyclables can be collected a~d where plants can use them,
~~ed to make new products. It is Leaving grass clippings on tile
estimated that recycling could yar;d, also enriches the grass Clllcl
educe our landfilling of garbage as ellmlnates the need for disposal.
r - h as 25 percent, It also lowers There is a variety of educationa 1
muc 'w t' l' ,
the cost of manufacturIng ne ma erla avaIlable on compostl11g.
ducts by conserving energy and Contact your county extension agent
pro . 1"
the use of virgin mater1.als. ~r recy~ 1ng coordInator for more
lnformat:1.on. ~_,._ ~..._
I.:~~IU' ~ . RErVR.Nl
WASTE REDUCTION : Hl!U"N,,: " : BOHL.ES t'
,~, ,J HE
'~.~' ,.. ""-.. RE '...
t d ct1.' on ; s where we can L' ~ J' It,','h ___...----
Nas e re u . ~ t -.-- IF\ I" .' ____
"'actt make a dIfF-erenc,e by no ='di\~' '_J~\('tkJljli
- . th flrst place. 'r--- - , ~.' '1 I T
rreating waste 1.n e \ ,., ,.'. \~.L
This means from consumer d c~~ ; '~'.;.,::: i A:C~
manufacturer I we can reuse ~ra u ~ ~,. . J
. . g1.' nal form Increase - (jJ' ---- . -,. -_
in thelr or:1. I . d ~
l'f reduce materIals use
product J. e, , and
in manufacturing and pac:,ag1.~;abits REUSABLE PRODUCTS AND
change buying and consump lon MATERIALS
50 less waste is created: t
h 1 b buy ~ng produc s
,YOU can :i~im:l packaging, and B~ying reusable products and
whJ.ch ha,-:e illable or returnable materIals not only creates less
produ~ts In ref, n oods in bulk and garbage, but also saves us money.
conta~ners: buy~ g g wn reusable For instance, rechargeable
carrYIng your, 010nger lasting flashlight batteries, cloth napkins
container: and uSlng . t 'and razors with replaceable blades
'bl ds and equlpmen .
repill.ra e goo tl'll" l't from call be used over and over. Gift .
reven -:J ,
Reduce wa~te by P wrapping paper can be saved and used
8'1en flappelllng. again for smaller packages. Use
returnable containers for milk, pop
and other beverages.
,
M E M 0 RAN DUM
. TO: Tom Harmening, Hopkins City Council Members
FROM: Stephen Bubul ~
DATE: April 2, 1991
HE: Railroad Authority Contract
We have been negotiating with the Hennepin County Railroad
Authority (~HCRRA") regarding acquisition of the HeRRA's existing
right-of-way through the City of Hopkins. The draft contract
generally calls for the Hopkins ERA to acquire the existing
right-of-way, with the HeRRA retaining an easement to use the
r igh t-of-way for LRT purposes af ter 20 year s. I f the HCRRA uses
the easement, it must compensate the owner of that property up to
$7.5 million. At the same time, the City agrees to give the
HCRRA an easement in proper ty along Coun ty Road 3 and in 9 th
Avenue for an alternate LRT route (the "Alternate Corridor").
The HCRRA has proposed several changes to the draft
contract, raising issues that require your attention. The issues
are summarized as follows:
1. Existing right-of-way acquisition.
4It The HCRRA proposes:
a. The City (rather than the BRA) is the contracting
party.
b. The land transaction is structured as a 35-year
ground lease; i.e., the BCRRA keeps title and
leases the right-of-way property to the City,
which in turn leases it to the developer.
c. If the HCRRA decides to use the right-of-way after
20 years (wi th 3 year's not ice), the g round lease
te rmina te s and the HCRRA pays a max irnum of $7.5
million in compensation to the developer.
However, the Ci ty agrees to indemnify the BCRRA
for any cos ts in excess of $7.5 rni llion (and the
City in turn requires such an indemnification from
the developer). In other words, the HCRRA is
seek ing protec t ion from the Ci ty, ra ther than the
developer, that it will be able to use the
right-of-way and pay no more than $7.5 million.
1
.
.
;
d. If the BCRRA bu i ld s the LRT in the Alternate
. Corridor, it will deed the existing right-of-way
to the City, wi th 'some compensation for increased
value.
2. Alternate Corridor Easement.
The BeRRA proposes:
a. The City grants a perpetual easement on the
Alternate Corridor, simultaneous with execution of
the ground lease on the existing right-of-way.
(The contract currently calls for an option to
acquire the alternate easement in the future.)
NOTE: A perpetual easement raises questions under
the City Charter.
b. The BeRRA will not be responsible for the costs of
utility relocation and other incidental costs of
building the LRT on this route; i.e., the HCRRA's
responsibilities are limi ted to building,
operating, and maintaining the LRT.
c. The BCRRA will not indemnify the City for any
c la i ms from property owners that the LRT
interferes with their rights in pub 1 ic streets.
Such a provision is included in the current
. contract.
HPlIO-38
. 2
ECONOMIC DEVELOPMENT AREA
. IMPACTED BY EXISTING CORRIDOR
EXISTING C()'RRIDOR
------ ALTERNATIVE ROUTE
r..............~..........--... PROPOSED DEVELOPMENT SITE
rl C
I--- 1-
- I.L
ff - t-
I ' r-- C': :\ I
~ Jf --- ~ .
i' - I ~ ..,0'
j-- I--- .'
~ I~ ~.1 /
.",- _NJl: , I :n .- ~ ~ L,
f~ IJ:l ", . '.:' ~\II ~~ ~
- % ..... " ' '. ,Ttlt:. 1 ~
[]1 '. ." J I I~ ~
.-.r~:] , -, , ,,' ~ . I !
'--' ~ I . I .,. .... .. i'" I ; I I I - ;
ill U11J[JJ]. I, i .'. ..~. ....~ . .. . J;r "~!
· ~.....-:: '", .., ' f
OJ (]]]] I , I rnrrn 1 "', '
I I , " '''''''
= Jl' ~!L f- I-- '. ' ,
~. I ~ ~ ~ ~
_ -.-jL.. -- L -,' ~v
- i 1- = ~ ~~~, ~ ~~v
- I _ ~
- I " __
I I' ~.
~ /-
, I--
, : 1'0 ' '.-.~' _
I ~'_ LRT STIUlON ~
~ ~ '
.'i!/ ! <;
~ ," t''{ ;7 \' \ c_;..... ~ ........l' "'-'/' ...,....... , '1 { v I '(.- (1 (:'-('..('..f{
I!j~~ j"" ,
. RESOLllI'ION l\.1() . 83R-HCRRA-90
'!'he tollowing t'esolution was offeced by Commissioner- Derus
WHEREAS I the Hennepin County Regional Railroad Authority (HCRRA)
owns th~t portion of the northern route of the Southwest Cocddor- fl':"om
County Road 3 to First Street North in the City Of Hopkins! and
WHEREAS, ti!e City of Hopkins and Ryan C.onstruction Company of
Minnesota ......ave been workin9 Qn. a t"ooevelopnent project in the Hopkins
C~nt["al fl'.,lsiness District consisting of a grocery store and ot:h~r retail
proposed to 00 lOCllted between Sixth Avenue and Eighth Avenue; and
WHEREAS. t.he pcoposed cedovelopment site oot\-t'een Sixth .l\veoue and
Eighth Aveol.lt' includes: that property o\o"n~d by the lfCRRA.; 800
WIiEREAS, this cedeve10pment pCt')ject would be of benefit to both
Hennepin County ar.d t.he Ci ty of Hopkin6 t.htough thol cr.e~tlon of n€\of jObfi
and an (!:xpa.nded tax basel.
BE IT RESOLVED. that the f1enn~pin County Regional Railroad
AuthOrity WertH,.!\) approves use of the HeRRA property'locat.ed between
. Sixth Avenue an<l Eighth Avenua in the city of Hopkins a& 8. development
si tc for a grocery and ret.)U project and that st.af! be di cected to
prefk'r6 3n agreement with the city of Hopkins that includes the
principles attadled her-eto ~ich are 00 fila wit.h, the Clerk of the BeRRA :
Board. ..
'!he question waG on th~ adoption of the resolution and there wece
YEAS ,,00 NAYS ~~ follows:
COUNTY OE'" HENNEPIN
BOARD QF ~ CQMMISS:tQNERS i.'Eh NAY OTRER
Jeff Spartz - -
Randy Johnson - - -
JOM Keefe - - -
John E. Derus - - -
Tad Jud(! - ~ -
Sam S. Siv",nich .
- -
Mark Andrew,' Chairman - -
ATTEST:
. JeH Spartz, Sp.cr.etary
. Resolution No. 83R-HCRRA-90
pcinciplCG o.f l'.gJ::eB:n9nt Bet'ween ffe-nnepin County Regional
R..'111coad Julthod ly &00 the City of Hopkins
HC"RRA Property Located Between 6th Avenue ~nd 6th Avenue
in the City of Hopkins
l. 1tl€l transfer ()f O\l,!(lcrship by the llamA of that:. part-.ion of the
nort-.h~rn ("olJl~ of the southw€st Cocdrlor loc"tf3d approximately
b€!:o'iec':n s~ xth A.venUQ <:lnd Eighth Avenue in thA City of Hopkin6
to the cn..y of Hopkins. ~,e HCRRA shell be ~ompP.n~ated foe
thil;': P/::H:tion of the right of w.et.y OOEied upon the fair market
v~lue of the pro~rty.
2. Th.:lt (h,= ti tle tOt- thP. (ight of way to lY.= released shall be
conveyed t.o the City of Hopkins. The timing of the conveyance
~h~ll t~ detelmin€d 31td sr~cifled in th~ agreement.
3. That the HC-~ $hall ret~in an easement for r~T purposes ov~r
that pc.lrt.ion of the LRT right of W<1y proposed to be conveyed.
4. 'Il.al tile <-gTC€!11ent be stru<.:tur.ed to allow thG HCRRA the opt.lOI1
of exb..~nQj ng thB LRT line along th(! existing northern rout~ of
. the SO-l~tl;"r~et Corridof' or, as an al ternative f aloog NinU)
;"VCfl.U(; to First street North where it sholl join with the
existing co~ridoc of U1e northern [ou~~,of the South~~st
Corridor ~
5. It the- Hffi.Rh f>hould det;; m to ~xtet'ld the LR'I' line along the
Existing corcldo(, the HCRRA, the City and the tutu(e developer
shall agree to the following:
(; ~ t, .a t such time the HCRRA proposes thq extension of LRT
(l10ng the existing corridor, t,1)at the HCRAA will consider
the placement of an LR'l' stop in dO;..'ntO\o.'!1 Hopkln!;.
0 that the HCRRA agrees not to exercisE its LRT p.aserr~ot
rights botx:een sixth Avenue and Eighth Avenue, for a
pedoo of 20 YP.3CG from thE! date of the agreement.
0 tha t the agn::1ement 00 BY-tended for a miniJnuItl of thtee
five-year- [;-Btiods (Le., notification in years 17, 22, 27).
Q thatHcnRJ\ provides a minimum of three years Gidvance"
notice of its intent to in~lemP.nt tRT following the .
35-year p<H-iod.
0 that HCRR;'\ ?grees to cowpensat6 the OWl1€csof the
.' ren0veloprr~nt pcojsct for any 105$ in value O( d~ge,
Resolution No. 83R-Hcru{A-90
.-.. Pagi3 2
.....
b~sec upon faiL ~rket v~lue of th~ property, they
lr..ay incur af, ~ re(~ult of r..RT i:nplemEll1tati.on over the
e~SGmont in ~n estin~ted amo~~t of $5,000,000 e~calattd
1n accordance with thl'! Hinnesota Consumer Price Index
anr.lJ('Illy with th() totlll ~ctt.t31 cost not to exceed
$7,500,000 at the time of exercise of easement r19hts.
No further compensation fot: damages, loss or other costG
f.<J <'Irat oth~(s rs.hall t-.(~ fequit:ed in ordet' for HCRR:\ to
eX~Lclhe its e~Gp.m~nt (lghl~.
0 tha.t ill) arbitrati0~ pLo~edur.e be established to
det.<:no.iI1t'! actual losG ()~ v(\lue (it time of <;!x€Cc;se of
~asement eights.
6. Tho HeRR!\. and tho City o9r€e to the following~
(J the City wi 11 pcovtde pe(\tianent easements to th.? flCRRA to
3110-" for thf' rQ"Ugnment of the r.orth13rn rOlJte of the
E('.uth.....est Conido[ to Ninth A'.,Tenue. The easements will be
grantE-d at the S<lIi\a ti!llE as title to HCRFJ\. property 16
tr~D3fp.rred to the City. The eas€mP.nts will t~ locnted as
fo110\<l6 :
. - 00 City~~....'l1€d b()\11e~ard along th~ south side of
c-:':"Uf1ty Rcc.d 3 t~b:Ben T.E. 169 to Ninth Aver.u~.
- ;~ri eas€~nt up to 28 feet in w!dth along Ninth Avenue
bett.'een County Road 3 and First Street NO.cth.
0 that at such time in the future an LRT line is proposed
to l~ constructed along'Nlntl1 Avenue, ~hat con61de~ation
wi 11. be, c:iv(:n to the tol1()\o:inq i temJ;:
~ -
- ,'\11 .LfiT f:top in dc-wfltO'Nli H'''pkiI1f:.
-- .,t a minim'~Ul\, the provision of full traffic rr~verr~nt
intersectim1s at Ninth lwenue ii.nd Po<"lin Stce€L
0 a sttJdy will dt,lt.e(mine the t((\f:fic impacts (("lating to the
operation of LRT on Ninth Avenue 3PA on the existing
corridor.
.
3rd Draft
. 1/28/9l
CONTRACT FOR CONVEYANCE OF LAND AND EASEMENTS
BY AND BETWEEN
THE HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY OF HOPKINS
and
THE CITY OF HOPKINS, MINNESOTA
. and
-
THE HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY
Dated as of
This document was drafted by:
HOLMES & GRAVEN, CHARTERED
470 Pillsbury Center
Minneapolis, MN 55402
.
. .
-
TABLE OF CONTENTS
. Page
PREAMBLE " 1
ART ICLE I. Definitions 3
Section 1.1. Definitions 3
ARTICLE II. Representations and Warranties 5
Section 2.1. Representations by the Authority 5
Section 2.2 Representations by the City 5
Section 2.3. Representations and Warranties
by the Railroad Authority 5
ARTICLE III. Conveyance of Property 7
Section 3.1. Status of Property 7
Section 3.2. Timing of Conveyance and purchase
price 7
Section 3.3. Title 7
Section 3.4. Hazardous Wastes 8
Section 3.5. Property Easement 8
Section 3.6. Alternate Corridor Easement 11
. Section 3.7. Corridor Study 13
ARTICLE IV. Events of Default 14
-
Section 4.l. Events of Default Defined 14
Section 4.2. Remedies on Default 14
Section 4.3. No Remedy Exclusive 14
Section 4.4. No Additional Waiver Implied by
One Waiver 15
ARTICLE V.. Additional Provisions 16
Section 5.1. Conflict of Interests; Authority
Representatives Not
Individually Liable 16
Section 5.2. provisions Not Merqed with Deed 16
Section 5.3. Titles of Articles and Sections 16
Section 5.4. Costs of Enforcement 16
Section 5.5. Notices and Demands 16
Section 5.6. Counterparts 17
SCHEDULE A Description of Property
SCHEDULE B Deed
SCHEDULE C Description of Alternate Corridor
. SCHEDULE D Form of Alternate Corridor Easement
CONTRACT FOR CONVEYANCE OF LAND
. THIS made of the day of
AGREEMENT, on or as
, 1991, by and between THE HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY OF HOPKINS, a public body corporate
and politic ("Authority"), established pursuant to Minnesota
Statutes Section 469.00l to 469.047 (formerly Sections 462.411 to
462.7ll) (the .IAct n) having its principle office at 1010 First
Street South, Hopkins, Minnesota 55343, and THE CITY OF HOPKINS,
a Minnesota municipal corporation ("City"), having its principle
office at lOID First Street South, Hopkins, Minnesota 55343 and
THE HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY, a
("Railroad Authority") having its principle office at
.
WIT N E SSE T H:
WHEREAS, the Authority was created pursuant to the Act and
was authorized to transact business and exercise its powers by a
resolution of the City; and
WHEREAS, in furtherance of the objectives of the Act, the
Authority has undertaken a program to promote redevelopment of
land which is underutilized and blighted within the City, and in
this connection 1.5 engaged in carrying out redevelopment of pro-
. jects known as Redevelopment Project No. 1 and Redevelopment
Project No. 2. within the City (collectively, "Projects"); and
WHEREAS, as of the date of this. Agreement there has been
prepared and approved by the Authority and the City, redevelop-
ment plans for both projects (collectively "Redevelopment
Plansfl) ; and
WHEREAS, pursuant to the Act and the project Pla:ls, the
Authority is authorized to acquire real property and to undertake
certain activities to prepare such real property before develop-
ment by private enterprise; and
WHEREAS, in accordance with the Redevelopment Plans, the
Authority is attempting to facilitate redevelopment of certain
real property located partially in Redevelopment Project No. 1
and partially in Redevelopment Project No. 2, more particularly
described in Schedule A annexed hereto and made a part hereof
(the nproperty") which Property is currently owned by the
Railroad Authority; and
WHEREAS, in order to achieve the objectives of the Redevel-
opment Plans, the Authority is prepared to acquire the Property
from the Railroad Author i ty, subject to certain conditions more
fully described herein; and
.
1
WHEREAS, the Authority, the City, and the Railroad Authority
. believe that conveyance of the Property pursuant to this
Agreement, and fulfillment generally of this Agreement, are in
the vital and best interests of the City and of the County, and
the health, safety, morals and welfare of the< residents, and in
accord with the public purposes and provisions of the applicable
state and local laws and requirements under which the Projects
have been undertaken and are being assisted~
NOW, THEREFORE, in consideration of the premises and the
mutual obligations of the parties hereto, each of them does
hereby covenant and agree with the other as follows:
.
.
.
2
ARTICLE I
. Definitions
Section 1.1. Definitions. In this Agreement, unless a
different meaning clearly appears from the context:
"Act" means the Municipal Housing and Redevelopment Act,
Minnesota Statutes, Sections 469.001 to 469.047, as amended
(formerly Sections 462.411 to 462.711).
"Agreement" means this agreement, as the same may be from
time to time modified, amended, or supplemented.
"Alternate Corridortt means the real property described in
Schedule C of this Agreement.
I1AuthorityU means the Housing and Redevelopment Authority in
and for the City of Hopkins, Minnesota, or any successor or
assign.
UCityl1 means the city of Hopkins, Minnesota.
uCounty" means the county of Hennepin, Minnesota.
. IIDeedl1 means t he deed to the Property, attached as Schedule
B of this Agreement.
UEvent of Defaultl1 means an action listed in Article IV of
this Agreement.
"Holderu means the owner of a mortgage.
"Mortgagee" means any mortgage made by the Redeveloper which
is secured, in whole or in part, with the Property.
nproject" means both Redevelopment Project No. 1 and
Redevelopment Project No. 2, adopted and administered by the
Authority.
"Project Areall means the real property located within the
boundaries of the Projects.
ttpropertytl means the real property described in Schedule A
of this Agreement.
t1Railroad Authority" means the Hennepin County Regional
Railroad Authority.
.
3
. tlRedeveloper" means the private entity selected or to be
selected by the Authority to carry out redevelopment of the
Property, or the entity's successors or assigns'.
IIRedevelopment Plan" means the redevelopment plan for
Redevelopment Project No. 1 and the redevelopment plan for
Redevelopment project No. 2, as those plans may be amended.
"State" means the State of Minnesota.
.
.
.
4
ARTICLE II
~ Representations and Warranties
Section 2.l. Representations by the Authority. The
Author i ty makes the following representations as the basis for
the undertakings on its part herein contained:
(a) The Authority is a municipal housing and redevelopment
authority duly organized and existing under the laws of the
state. Under the provisions of the Act, the Authority believes
that it has the power to enter into this Agreement and carry out
its obligations hereunder.
(b) The Authority and the City have found that the projects
are II redevelopment projectsll wi thin the meaning of the Act, and
that both were created, adopted, and approved in accordance with
the times of the Act.
(c) The Authority proposes to acquire the Property from the
Railroad Authority, solely for the purpose of fostering the
redevelopment of the Property in accordance with the Act and the
Redevelopment Plans. I
(d) The Authority intends to enter an agreement with a
Redeveloper under which the Redeveloper will acquire the Property
4It and other property within the Project Areas, and the Redeveloper
will redevelop such area for various commercial uses.
Section 2.2. Representations by the ci tV. The City makes
the following representations as the basis for the undertaking on
its part herein contained:
(a) The City is a municipal corporation duly organized and
existing under the laws of the state.
(b) The city will grant to the Railroad Authority the
Alternate Corridor Easement, in accordance with the terms of this
Agreement.
Section 2.3. Representations and Warranties bv the Railroad
Authority. The Railroad Authority makes the following represen-
tations as the basis for the undertaking on its part herein
contained:
(a) The Railroad Authority is a , duly organized
and existing under the laws of the State, has the power to enter
into this Agreement, and has duly authorized the execution,
delivery and performance of this Agre,ement by proper action.
.
5
(b) The Railroad Authority will convey the Property to the
. Authority in accordance with all the terms of this Agreement.
.
.
.
.
6
ARTICLE III
tit Conveyance of Property
Section 3.l. Status of Property. The title to the Property
is presently held by the Railroad Authority. In order to make
the Property available for redevelopment, the Authority shall
acquire the Property from the Railroad Authority, subject to all
the terms and conditions of this Agreement.
Section 3.2. Timinq of conveyance and purchase pr ice. (a)
If no Event of Default has occurred (or if an Event of Default
has occurred that has been cured), the Railroad Authority shall
execute and deliver to the Authority the Deed for the Property,
and the Authority shall pay the purchase price to the Railroad
Au thor i ty, on or before May 3l, 1991 ("Closing Date"). The Deed
shall be substantially in the form of the Deed attached as
Schedule B to this Agreement.
(b) The purchase pr ice to be paid by the Authori ty to the
Railroad Authority in exchange for conveyance of the Deed shall
be the fai r market value of the Proper ty as determined by an
appraisal prepared by an appraiser selected by the Authority;
provided that the Authority must notify the Railroad Authority in
writing of the appraisal amount at least 30 days before the
. Closing Date. The Authority shall pay the cost of such
appraisal.
(c) Unless otherwise mutually agreed by the parties, the
execution and delivery of the Deed and payment of the purchase
pr ice shall be made at the pr incipal offices of the Author i ty.
The Authority shall take possession of the Property upon closing
on the Closing Date.
(d) The Author i ty shall accept the Deed subject to all
existing leases on the Property; provided, and only on the
condition, that (i) such leases are terminable without payment or
penalty after 30 days written notice to the lessee; and (ii) the
lessees under such leases are obligated to pay any property taxes
or payments in lieu thereof that may be payable on the leased
property.
(e) The Authority shall promptly record the Oeed in the
proper office for recordation of Deeds and other instruments
pertaining to the Property. The Authority shall pay all
recording costs, including state deed tax, in connection with the
Authority's acquisition of the Property.
Section 3.3. Title. (a) Pr ior to and as a condition to
the Authority's obligation to acquire the Property, the Railroad
~ Authority shall obtain and furnish to the Authority a commitment
7
for the issuance of a policy of title insurance for the Property.
. The Authority shall have 10 days from the date of its receipt of
such commitment to review the state of title to the Property and
to provide the Railroad Authority with a list of written
objections to such title. Upon receipt of the Author i ty I s list
of written objections, the Railroad Authority shall proceed in
good faith and with all due diligence to attempt to cure the
objections made by the Authority. Not earlier than eleven days
following the date the Authority shall have received a commitment
for the issuance of a policy of title insurance for the Property
from the Railroad Authority or, in the event the Authority shall
have provided the Railroad Authority with a list of written
objections, within lO days after the date that all such
objections have been cured to the reasonable satisfaction of the
Authority, the Authority and Railroad Authority shall proceed
wi th the acquisition and conveyance of the Property pursuant to
Sections 3.l and 3.2 of this Agreement. In the event that the
Railroad Author i ty has failed to cure objections within 60 days
after its receipt of the Author i ty I s list of such objections or
by 10 days before the Closing Date, whichever is earlier, either
the Railroad Author i ty or the Author i ty may by the giving of
wr i tten notice to the other, terminate this Agreement, upon the
receipt of which this Agreement shall be null and void and
nei ther party shall have any liability hereunder. The Authori ty
shall have no obligation to take any action to clear defects in
the title to the Property.
4It 3.4. Hazardous Wastes.
(a) The Railroad -Authority shall, as of the date hereof,
grant to the Authority a right of entry on the Property to
conduct an environmental audit of the Property prior to the
Closing Date. If, after completing such audit, the Authority
determines that hazardous wastes or other pollutants as defined
under federal or state law exist on the Property, the Authority
may, at its option, terminate this Agreement by giving written
notice to the Railroad Authority, upon receipt of which this
Agreement shall be null and void and neither party shall have any
liability hereunder.
(b) The Railroad Authority agrees that, upon conveyance of
the Property under Section 3.2 herein, the Rail road Author i ty
will indemnify, defend, and hold harmless the Authority, its
governing body members, officers, and employees, from any claims
or actions ar ising out of the presence, if any, of hazardous
wastes or pollutants on the Property.
Section 3.5. Property Easement. The Authority acknowledges
and agrees that the Deed shall be subject to an easement on the
Property in favor of the Railroad Authority ("Property
Easement"), which Property Easement shall provide and incorporate
the following terms and conditions:
.
8
. (a) The Property Easement shall be solely and exclusively
for use by the Railroad Authority to construct and operate a
light rail transit (IILRT") line on the Property; provided that
such use of the Property must be in accordance with an LRT system
plan adopted by the Railroad Authority or by its successor in
interest.
(b) The Railroad Authority ~hall not exercise its rights
under the Property Easement for a period of 20 years after the
Closing Date for the conveyance of the Property to the Authority.
The Railroad Authority acknowledges and unde r stands that, during
the aforementioned -20-year period, the Property may be used and
developed by the Redeveloper or the Authority in any manner
consistent with the Redevelopment Plans or any modification
thereof.
(c) After termination of the 20-year period set forth in
Section 3.S{b), the' Railroad Authority may exercise its rights
under the Property Easement, subject to the following terms and
conditions precedent:
.
( i ) Except as hereinafter provided, the Railroad
Authority shall, no later than l7 years after the Closing Date,
provide written notice to the Authority, and to the owne r of the
. Property at the time of the notice, of its intent to exercise its
Property Easement rights after termination of the 20-year period.
If the Railroad Authority provides such notice, it shall pay the
damages required under Section 3.S(d) herein no later than the
first day of the 2lst year after the Closing Date. The Property
Easement shall terminate upon certification by the Authority, in
recordable form, that the aforementioned payment has not been
timely made.
(ii) If the Railroad Authority fails to provide the
notice required under section 3.5(c)(i), the Railroad Authority
shall not exercise its rights under the Property Easement until
termination of the 25th year after the Closing Date; provided
that, as a condition to exercising such rights, the Railroad
Authority shall, no later than 22 years after the Closing Date,
provide written notice to the Authority, and to the owner of the
Property at the time of the notice, of its intent to exercise its
Property Easement rights after termination of the 25-year period.
If the Railroad Authority provides such notice, it shall pay the
damages required under Section 3.5(d) herein no later than the
first day of the 26th year after the Closing Date. The Property
Easement shall terminate upon certification by the Authority, in
recordable form, that the aforementioned payment has not been
timely made.
(iii) If the Railroad Authority fails to provide the
. notice required under Section 3.5(c-)(ii), the Railroad Authority
shall not exercise its rights under the Property Easement until
9
. termination of the 30th year after the Closing Date; provided
that, as a condition to exercising such rights, the Railroad
Authority shall, no later than 27 years after, the Closing Date,
provide written notice to the Authority, and to the owner of the
Property at the time of the notice, of its intent to exercise its
Property Easement rights after termination of the 3D-year period.
If the Railroad Authority provides such notice, it shall pay the
damages required under Section 3.5(d) herein, no later than the
first day of the 3lst year after the Closing Date. The Property
Easement shall terminate upon certification by the Authority, In
recordable form, that the aforementioned payment has not been
timely made.
( i v) If the Railroad Authority fails to provide the
notice required under Section 3.5(c)(iii), the Railroad Authority
shall not exercise its rights under the Property Easement until
termination of the 35th year after the Closing Date; provided
that, as a condition to exercising such rights, the Railroad
Authority shall, no later than 32 years after the Closing Date,
provide written notice to the Authority, and to the owner of the
Property at the time of the notice, of its intent to exercise its.
Property Easement rights after termination of the 35-year period.
If the Railroad Authority provides such notice, it shall pay the
damages required under Section 3.5(d) herein, no later than the
. first day of the 36th year after the Closing Date. The Property
Easement shall terminate upon certification by the Authority, in
recordable form, that the aforementioned payment has not been
timely made.
(v) Unless other'Nise provided in this Agreement, the
Railroad Authority may exercise its rights under the Property
Easement any time after termination of the 35-year period set
forth in Section 3.5(c)(iv), provided that, as a condition to
exercising such rights, the Railroad Authority shall, at least 3
years prior to exercising its rights under the Property Easement,
provide written notice to the Author i ty, and to the owner of the
Property at' the time of the notice, of its intent to exercise
such rights. If the Railroad Authority provides such notice, pay
the damages required under Section 3.5(d) herein within 3 years
after the date of service 'of the notice. The property Easement
shall terminate upon certification by the Authority, in
recordable form, that the aforementioned payment has not been
timely made.
(d) As a condition to exerci"sing its rights under the
Property Easement in conformance with this Section, the Railroad
Authority shall compensate the party or , parties that own the
Property at the time that use of the Property Easement commences
pursuant to Section 3.5(c) herein, for damages associated with
use of the Property Easement by the Railroad Authority, subject
. to the terms and conditions as follows:
10
~ (i) The amount of the damages to be paid by the
Railroad Authority shall be the fair market value of the Property
and any improvements thereon as of' the time the Railroad
Authority exercises its rights under the Property Easement
pursuant to Section 3.5 (c) herein; provided that the appraisal
shall evaluate the Property and improvements as if the Property
Easement did not exist and was not of record. If the Rail road
Authority and the owner of the Property are unable to reach
agreement on the fair market value, the damages shall be
determined and paid in accordance with Minn. stat. Ch. 117, as
that statute may be amended, which proceedings will assume taking
of the entire fee interest of the Property and improvements as if
the Property Easement did not exist and was not of record. The
Railroad Authority understands and agrees that the owner of the
Property may subordinate its interests under this Section 3.5(d)
to the Holder of any Mortgage. Other than payment of damages as
determined herein, the Railroad Authority shall have no
obligation to compensate any person or entity for damages, loss
or other costs, as a condition to exercising the Railroad
Authority's rights under the Property Easement.
,
(ii) Except as hereinafter provided, the Railroad
Authority's obligation under Section 3.5(d) shall not exceed
$5,000,000 calculated in 1991 dollars. Such amount shall be
. adjusted annually in accordance with the consumer price index for
Minnesota, provided that the amount shall in no event exceed
$7,500,000 calculated as of the time the fair market value of the
Property and improvements are calculated pursuant to Section
3.5(d) (i).
(iii) The terms of this Section 3.5(d) shall be
incorporated in the Property Easement, shall run with the land,
and shall be non-severable from other provisions of the Property
Easement. In addi tion, the Railroad Author i ty agrees that, if
requested by the Redeveloper, it will enter into an agreement
with the Redeveloper that substantially conforms to the terms of
this Section 3.5(d).
(e) In addition to the termination provisions set forth in
Section 3.5(c), all rights held by the Railroad Authority under
the Property Easement shall terminate if the Railroad Authority
acquires the Alternate Corridor Easement in accordance with
Section 3.6 herein. Such termination shall be effective upon the
date of conveyance of the Alternate Corridor Easement in
accordance with Section 3.6 herein.
(E) If the Railroad Authority exercises its rights under
the Property Easement in conformance with this Section, the
Railroad Authority shall make a good faith effort to plan for and
. accommodate an LRT stop in the Ci ty between 5th Avenue and 9th
Avenue along the right-of-way that includes the Property.
II
. Section 3.6. Alternate Corridor Easement. In consideration
of the mutual obligations under this Agreement, the City hereby
grants to the Railroad Authority an option to acquire an easement
on property within the Alternate Corridor that is presently owned
by the City (the "Alternative Corridor Easement"), which option
is subject to the following terms and conditions:
(a) The Alternate Corridor Easement shall be evidenced by
an agreement substantially in the form of Schedule D hereto and
shall be solely and exclusively for use by the Railroad Authority
to construct and operate an LRT Line within the Alternate
Corridor; provided that such use of the Alternate Corridor must
be in accordance with an LRT system plan adopted by the Railroad
Authority or by its successor 1n interest; and further provided
that use of Ninth Avenue and any other public street or avenue
within the Alternate Corridor for LRT purposes is subject to the
rights of the public to use such streets and avenues, and
provided that the Railroad Authority may not use such streets and
avenues in a manner inconsistent with the purposes for which the
streets or avenues were originally donated to the City. The,
Alternate Corridor Easement 15 also subject to: ( i ) the rights
of the City and any utility company to maintain sewer, water,
gas, electric, telephone and other utilities over, upon and under
any street or avenue within the Alternate Corridor Easement,
. whether or not utility easements have been recorded; and (ii) any
unrecorded easements or interests held by any person or entity in
the Alternate Corridor Easement property.
(b) The Railroad Authority shall provide written notice to
the City of its intent to acquire the Alternate Corridor
Easement. Within 3 years after receipt of such notice, the City
shall convey and the Railroad Authority shall acquire the
Alternate Corridor Easement for the purchase price of one dollar;
provided that before the City is obligated to convey such
easement, the Railroad Authority and the City shall have, by
mutual agreement: ( i ) determined the precise boundaries of the
property subject to the Alternate Corridor Easement, which
property shall be within the Alternate Corridor described in
Schedule C hereto; and (ii) determined the partiest respective
responsibility for payment of any costs, loss or damages
associated with use of the Alternate Corridor Easement. If the
parties are unable to reach agreement on the above-referenced
items within 3 years after the City receives notice of the
Railroad Authority's intent to acquire the Alternate Corridor
Easement, the City may terminate the Railroad Authorityts option
under this Section. Upon acquisition of the Alternate Corridor
Easement, the Railroad Authority shall record the Alternate
Corridor Easement and pay any costs, taxes or fees in connection
with such conveyance and recording.
. (c) If the Railroad Authority acquires the Alternate
Corridor Easement ~n accordance with this Section, and the
12
----
. Railroad Authority fails to commence use of the Alternate
Corridor Easement within 2 years after the date of the
conveyance, the Alternate Corridor Easement shall terminate.
Such termination shall be effective upon certification by the
City, in recordable form, that the aforementioned condition has
not been timely met. For purposes of this Section 3.6(c) , uuselt
of the Alternate Corridor Easement means: ( i ) construction of an
LRT line, or ancillary facilities related thereto, within the
easement area; or ( ii) execution of contracts between the
Railroad Authority and third parties for the planning,
. . construction of LRT line, or ancillary
eng~neer~ng or an
facilities related thereto, within the easement area.
(d) If the Railroad Authority acquires the Alternate
Corridor Easement, the ,Railroad Authority shall make a good faith
effort to plan and accommodate a stop on the LRT line between 1st
Street South and lst Street North along the Alternate Corridor
Easement; provided that any LRT line using the Alternate Corridor
Easement shall ensure full traffic movement in all directions at
least at the intersection of 9th Avenue and Main Street. .
(e) In addition to any other termination provision set
forth in this Section 3.6, the Railroad Authority1s option to
acquire the Alternate Corridor Easement and all rights held by
. the Railroad Authority under the Alternate Corridor Easement, if
acquired, shall terminate if the Railroad Authority at any time
exercises its rights under the Property Easement 1n accordance
with Section 3.5 herein. Such termination shall be effective
upon certification by the Authority, in recordable form, that the
Railroad Authority has timely paid the damages required under
Section 3.5 herein.
Section 3.7. Corridor Study. The Railroad Authority
agrees that, prior to implementing any plans for an LRT line
within the City, the Railroad Authority shall conduct a study to
determine the traffic impacts associated with operation of the
LRT on a route through the Property and on a route through the
Alternate Corridor. The Railroad Authority shall provide the
results of such study to the City and the Authority, and shall
use such study results to minimi ze the impact of any LRT line on
traffic within the City.
.
13
ARTICLE IV
. Events of Default
Section 4.1- Events of Default Defined. The following
shall be UEvents of Default under this Agreement and the term
"Event of DefaultU shall mean, whenever it is used in this
Agreement (unless the context otherwise provides): any failure
by the Railroad Authority, the City or the Author i ty to observe
or perform any covenant, condition, obligation or agreement on
its part to be observed or performed hereunder.
Section 4.2. Remedies on Default. Whenever any Event of
Default referred to in Section 4.1 of this Agreement occurs, the
non-defaulting party may exercise its rights under this Section
4.2 after providing thirty days written notice to the defaulting
party of the Event of Default, but only if the Event of Default
has not been cured within said thirty days or, if the Event of
Default ~s by its nature incurable within thirty days, the
defaulting party does not provide assurances to the non-
defaulting party reasonably satisfactory to the non-defaulting
party that the Event of Default will be cured and will be cured
as soon as reasonably possible:
(a) Suspend its performance under the Agreement until it
. receives assurances that the defaulting party will cure its
default and continue its performance under the Agreement.
(b) Cancel and rescind or terminate the Agreement.
(c) Take whatever action, including legal, equitable or
administrative action, which may appear necessary or desirable to
collect any payments due under this Agreement, or to enforce
performance and observance of any obligation, agreement, or
covenant under this Agreement.
Section 4.3. No Remedy Exclusive. No remedy herein
conferred upon or reserved to any party is intended to be
exclusive of any other available remedy or remedies, but each and
every such remedy shall be cumulative and shall be in addition to
every other remedy given under this Agreement or now or hereafter
existing at law or in equity or by statute. No delay or omission
to exercise any right or power accruing upon any default shall
impair any such right or power or shall be construed to be a
waiver thereof, but any such right and power may be exercised
from time to time and as often as may be deemed expedient. In
order to entitle any party to exercise any remedy reserved to it,
it shall not be necessary to give notice, other than such notice
as may be required in this Article IV.
.
14
Section 4.4. No Additional Waiver Implied by One Waiver.
. In the event any agreement contained in this Agreement should be
breached by either party and thereafter waived by the other
party, such waiver shall be limited to the particular breach so
waived and shall not be deemed to waive any' other concurrent,
previous or subsequent breach hereunder.
.
.
.
15
ARTICLE V
. Additional Provisions
Section 5.l. Conflict of Interests; Authority Representa-
tives Not Individually Liable. The Authority, the City, and the
Railroad Authority, to the best of their respective knowledge,
represent and agree that no member, official, or employee of the
parties to this Agreement shall have any personal interest,
direct or indirect, in the Agreement, nor shall any such membe r ,
official, or employee participate in any decision relating to the
Agreement which affects his or her personal interests or the
interests of any corporation, partnership, or association in
which he or she is, directly or indirectly, interested. No
member, official, or employee of the parties shall be personally
liable to any other party, or any successor in interest, in the
event of any default or breach by any party or on any obligations
under the terms of the Agreement.
Section 5.2. provisions Not Merqed with Deed. None of the
provisions of this Agreement are intended to or shall be merged
by reason of any deed transferring any interest 1n the Property
and any such deed shall not be deemed to affect or impair the
provisions and covenants of this Agreement.
. Section 5.3. Titles of Articles and Sections. Any titles
of the several parts, Articles, and Sections of the Agreement are
inserted for convenience of reference only and shall be disre-
garded in construing or interpreting any of its provisions.
Section 5 . 4 . Costs of Enforcement. If, whenever any party
1S in default of its obligations under this Agreement, any other
party employs attorneys or incurs other expenses for the
collection of payments due or to become due hereunder or for the
enforcement, performance, or observance of any other obligation
or agreement of the defaulting party under this Agreement, the
defaulting party shall pay to the other party or parties, within
10 days of written demand therefor, such reasonable attorneys'
fees and such other reasonable expenses so incurred.
Section 5.5. Notices and Demands. Except as otherwise
expressly provided ~n this Agreement, a notice, demand, or other
communication under the Agreement by either party to the other
shall be sufficiently given or delivered if it is dispatched by
registered or certified mail, postage prepaid, return receipt
requested, or delivered personally; and
(a) in the case of the Authority, is addressed to or
delivered personally to the Authority at Hopkins City Hall, 1010
First Street South, Hopkins, Minnesota 55343; and
.
16
(b) ~n the case of the City is addressed to the Community
Development Director, City of Hopkins, 1010 First street South,
. Hopkins, Minnesota 55343; and
(c) in the case of the Railroad Authority, is addressed to
or delivered personally to the Railroad Authority at
.
,
or at such other address with respect to each party as that party
may, from time to time, designate in writing and forward to the
others as provided in this Section.
Section 5.6. Counterparts. This Agreement may be executed
in any number of counterparts, each of which shall constitute one
and the same instrument.
IN WITNESS WHEREOF, the Author i ty has caused this Agreement
to be duly executed in its name and behalf and its seal to be
hereunto duly affixed and the City has caused this Agreement to
be duly executed in its name and behalf and its seal to be
hereunto duly affixed and the Railroad Authority has caused this
Agreement to be duly executed in its name and behalf on or as of
the date first above written.
HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY
e OF HOPKINS
By
Its
By
Its
CITY OF HOPKINS, MINNESOTA
By
Its
By
Its
.
17
HENNEPIN COUNTY REGIONAL
. RAILROAD AUTHORITY
By
Its
By
Its
STATE OF MINNESOTA )
) 55.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 1991 by and
-
, the and of
'the Housing and-Redevelopment Authority in and for the City of
Hopkins, a public body politic and corporate, on behalf of the
Authority.
. Notary Public
STATE OF MINNESOTA )
) 55.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 1991 by and
- the and of
,
the City of Hopkins, a municipal corporation, on behalf of the
municipal corporation.
Notary Public
.
18
STATE OF MINNESOTA )
. ) 55.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 1991 by and
-
, the and of
the Hennepin County Regional Railroad Authority, a
corporation, on behalf of the corporation.
Notary Public
.
.
19
SCHEDULE A
. Legal Description of the Property
[Insert description of right-of-way]
.
.
SCHEDULE B
. Deed to the Property
", I
I
[Deed will include Property Easement]
.
-
.
SCHEDULE C
. Description of Alternate Corridor
.'
[Insert description of area within which
the Alternate Corridor Easement will be located]
.
.
SCHEDULE 0
. Form of Alternate Corridor Easement
.-
.
.