AGENDA Rogers City Council July 28, 2026 - 7:00 PM 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. OPEN FORUM Individuals may address the Council about any item not contained on the regular agenda. A maximum of 10 minutes is allocated for the Forum. If the full 10 minutes are not needed for the Forum, the Mayor will continue with the agenda. If additional time is needed for the Forum, the Council will continue the Forum following Other Business on the agenda. The Council will take no official action on items discussed at the Forum, with the exception of referral to staff or Commission for future report. 3. PRESENTATIONS 4. APPROVE AGENDA Council members may add items to the agenda for discussion purposes or staff direction only. The Council will not normally take official action on items added to the agenda. 5. CONSENT AGENDA These items are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. 5.1 Approval of July 14, 2026 City Council Meeting Minutes 5.2 Approval of Bills and Claims 5.3 Setting the August 3rd Planning Commission Meeting as a Joint Planning Commission and City Council Meeting for Discussion on the 2050 Comprehensive Plan 5.4 Setting August 13th, 2026 at 5:15 PM as the Appeal Hearing Date for the Revocation of the Conditional Use Permit for the Property at 20775 Territorial Road (Lloyds Cylindar Head Repair) 5.5 Items Related to Brockton Meadows Townhomes Association • Approve Agreement Regarding Transfer of Certain Improvements Page 1 of 178 Between Homeowner's Association and City of Rogers - Brocktonn Meadows Townhomes Association • Accept Permanent Street Easement on Prairieview Drive from Savanna Drive to 770' East of Savanna Drive 5.6 Approve MnDOT Permits to Construct for TH 101 Pavement Rehabilitation, City Project No. 2611 5.7 Approval of a Drainage and Utility, Trail, Sidewalk, and Signage Easement for Lots 1–2, Block 1, Asguard Addition 5.8 Approval of Resolutions Decertifying Tax Increment Financing Districts No. 12, 14, and 15 • Resolution 2026-70 Decertifying TIF District No. 12 • Resolution 2026-71 Decertifying TIF District No. 14 • Resolution 2026-72 Decertifying TIF District No. 15 5.9 Approval of a Retail Cannabis Business Registration for JA Minny, LLC at 21753 S Diamond Lake Rd 5.10 Approval of Temporary On-Sale Liquor License for Mary Queen of Peace Catholic Church for September 26-27, 2026 5.11 Approval of Internet Service Provider Agreement with Arvig 5.12 Approval of Resolution 2026-58 Authorizing a Letter of Credit Reduction for Northview Preserve Early Grading Agreement and Subdivision Agreement 6. PUBLIC HEARINGS 6.1 Public Hearing and Consideration of a Request to Vacate Certain Drainage & Utility Easements and Establish New Drainage & Utility Easements Related to the Asguard Development 6.2 Public Hearing and Consideration of a Request to Vacate Certain Drainage and Utility Easements and Establish New Drainage and Utility Easements Related to the Twin City Hose Expansion at 20615 Commerce Blvd 7. GENERAL BUSINESS 7.1 Items Related to City Hall and Police Department Civic Campus Bid Package #2, City Project No. 2202 Page 2 of 178 • Accept Bids for Bid Package #2 including Alternate #02 (lightning protection) for $75,000 • Approve Guaranteed Maximum Price (GMP) Amendment #2 for Bid Package #1 to Include Bid Package #2 7.2 Items Related to Park Maintenance II - MEO Position • Approve Filling of Programmed 2027 Park Maintenance II - MEO Position in 2026 • Approve Hiring of Eric Kolles to the Position of Park Maintenance II - MEO 8. OTHER BUSINESS 9. CORRESPONDENCE AND REPORTS 10. ADJOURN Page 3 of 178 STAFF REPORT Meeting Date: July 28, 2026 ROGERS CITY COUNCIL Agenda Item: 5.1 Subject: Approval of July 14, 2026 City Council Meeting Minutes Prepared By: Stacie Brown, City Clerk Recommended Council Action Motion to approve the July 14, 2026 City Council meeting minutes. Overview / Background / Analysis Staff Recommendation Motion to approve the July 14, 2026 City Council meeting minutes. Financial Impact: Source Fund: Budgeted? Supporting Documentation A. 07142026min Page 4 of 178 City of Rogers City Council Meeting Minutes July 14, 2026 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE The regular meeting of the City Council of the City of Rogers was called to order by Mayor Klick on Tuesday, July 14, 2026, at 7:00 PM at Rogers Community Room, 21201 Memorial Drive, Rogers, MN, 55374 and online in the Teams application. Council present: Shannon Klick, Kevin Jullie, Mark Eiden, and Amy Enga Council excused: Joel Brockman Staff present: Steve Stahmer, Administrator; Stacy Scharber, Assistant City Administrator/HR Director; Jason Foster, Deputy Chief of Police; Doran Cote, Public Works Director/City Engineer; Mike Bauer, Parks and Recreation Director (via Teams); Brett Angell, Community Development Director; and Stacie Brown, City Clerk. 2. OPEN FORUM No one came forward. 3. PRESENTATIONS None. 4. APPROVE AGENDA Councilor Jullie moved, Councilor Enga seconded a motion to approve the agenda as submitted. Motion carried 4-0. 5. CONSENT AGENDA 5.1 Approval of the June 23, 2026 Work Session Minutes and the June 23, 2026 City Council Meeting Minutes 5.2 Approval of Bills and Claims 5.3 Approval of a New Massage Establishment License for Crowhaven Therapeutic Massage (Lynsey Smerud) to Operate Within MySalon Suites, Located at 21051 135th Avenue, Rogers, Minnesota 5.4 Approval of Resolution 2026-66; Appointing Election Judges and Absentee Ballot Board for the August 11, 2026 State Primary Election 5.5 Approve Professional Services Agreement with Dunham Associates for Commissioning for RAC Expansion, City Project No. 2406 5.6 Approval of Scoreboard Purchase for Tria Rink Rogers 5.7 Approval of Resolution 2026-65 Approving a Site Plan Request to Convert a Single- Family Residence to an Assembly Use at 13620 Brockton Lane N and Authorize execution of Site Improvement Performance Agreement Page 5 of 178 5.8 Setting a Workshop of the City Council for July 28, 2026, at 5:30 p.m. at the Rogers Community Room, 21201 Memorial Drive, Rogers, MN Councilor Enga removed Item 5.7 from the Consent Agenda for separate discussion. Councilor Jullie moved, Councilor Enga seconded a motion to approve the Consent Agenda as amended. Motion carried 4-0. Item 5.7; Approval of Resolution 2026-65, Approving a Site Plan Request to Convert a Single-Family Residence to an Assembly Use at 13620 Brockton Lane North, and Authorize Execution of Site Improvement Performance Agreement Councilor Jullie asked for a summary of the proposed project related to Item 5.7, and prospective traffic impacts. Community Development Director Angell explained that religious assembly is permitted within residential zoning districts, and this project would involve converting a single-family home to religious use. He noted that there are plans to reconstruct Brockton Lane, and at that time the property will connect to the sewer. This will be a small gathering space, with the potential for larger development in the future needing turn lanes. Angell stated that based on the overall size and occupancy load, the project does not trigger a need for turn lanes at this time. Councilor Enga inquired about the occupancy level of the structure. The current plans would involve gutting the house and rebuilding to bring it to compliance. The architect will be determining occupancy, and at this time, it is expected to be up to 20 people. Mayor Klick inquired about signage, and Angell confirmed that any signage would need to comply with the code and permitting would be required. Enga asked about the septic system. Angell noted that a condition in the Resolution addresses the septic system, requiring proper inspection from Hennepin County. This has been reviewed by Hennepin County, with a requirement to connect to city services within the next three years. Enga asked if the parking area would be paved. Angell stated it will initially be gravel but paved within the next year. Jullie asked about the assembly frequency and restrictions. Angell explained there is not a restriction specified for activity or frequency. However, it's expected to be a larger gathering once per week. The Planning Commission recommended approval, and Enga noted that with this being a permitted use, a Public Hearing is not required. Jullie asked if there were any concerns that hadn't been addressed. Angell stated that, based on code, the applicant has followed the prescribed process, and has been amenable to items brought forward by the City. The connection to utilities was a longer discussion, with the City preferring to have the connection made within the year. Councilor Jullie moved, Councilor Enga seconded a motion to approve Resolution 2026-65; Approving a Site Plan Request to Convert a Single-Family Residence to an Assembly Use at Page 6 of 17813620 Brockton Lane North and authorize execution of a Site Improvement Performance Agreement. Motion carried 4-0. 6. PUBLIC HEARINGS None. 7. GENERAL BUSINESS 7.1 Approve Items Related to Amending Section 125-84(i) Swimming Pools, Hot Tubs, and Spas. • Ordinance 2026-13, Amending Section 125-84(i) Swimming Pools, Hot Tubs, and Spas • Resolution 2026-67, Authorizing summary publication of Ord. 2026-13 Community Development Director Angell shared an overview of proposed amendments to the City code related to swimming pools, hot tubs and spas. He explained this is a staff-driven process with the goal of bringing the code into alignment with the Minnesota State Building Code, with the proposed changes set forth in Ordinance No. 2026-13. Angell explained that the current language in Sec. 125-84(i) of the Code contains inconsistencies with the present building code and does not carry out several of the safety standards the State now requires. The current language does not include any standards for hot tubs or spas. Additionally, the pool setback includes an extra five feet added on top of the other required yard setbacks, which has caused confusion as residents are exploring installation of pools. Mayor Klick inquired about existing pools, and Angell explained there would have already been fencing requirements for those pools. However, there are provisions within state statutes that allow for retractable covers. A permit is needed to install a pool, so the fencing would be reviewed at the point of permitting. Anyone not having a fence would already be in violation of the code. Councilor Enga moved, Mayor Klick seconded a motion to Approving Ordinance 2026-13, amending Section 125-84(i) Swimming Pools, Hot Tubs and Spas, and Resolution 2026-67, Authorizing Summary Publication of Ordinance 2026-13. Motion carried 4-0. 7.2 Approve Change Order Nos. 2, 3, and 4 for Fletcher Bypass, City Project No. 1409 Public Works Director/City Engineer Cote shared the background of the Fletcher Bypass project, including funding and bid details, and the awarding of a contract to C.S. McCrossan Construction for the improvement. Cote reviewed the three change orders being presented for the Council’s consideration: Page 7 of 178 • Change Order No. 2 in the amount of 396,924.20 for additional subgrade correction. • Change Order No. 3 in the amount of $47,330.66 for potholing, removal of existing field drain tile, and installation of new drain tile to restore the existing field draining system. • Change Order No. 4 in the amount of $169,350.00 for muck excavation encountered near the CSAH 81 ditch and the railroad tracks. Councilor Eiden asked if the amounts in the staff report were the city's half or the grand total. Cote confirmed the amounts are the total, adding that the City has been reimbursed by Hennepin County. Everything will be trued up at the end of the project and split again. Councilor Jullie noted this is not unusual, and with contingencies not being an option, the costs are not surprising. He asked if they were past any other unknown soil conditions. Cote stated three more change orders are anticipated related to stormwater, conduit sizing, and subgrade connections in areas around the Territorial roundabout. Jullie inquired about the road closing at 81 and Fletcher Bypass. Cote explained that the roundabout has to be opened before that closure can occur, and the City is working with MnDOT on possibly using I-94 as a detour. Signs will be put up two weeks prior to the closure. Jullie asked about the status with the railroad crossing. Cote stated they have an internal issue with supplies but are currently working on the crossing. Eiden asked if the railroad would sound their horn, and Cote said a quiet zone could be requested. This would be a separate process which would need to be done later, as it currently wouldn't meet criteria. Councilor Eiden moved, Councilor Jullie seconded a motion to Approve Change Order Nos. 2, 3, and 4 for Fletcher Bypass, City Project No. 1409. Motion carried 4-0. 8. OTHER BUSINESS None. 9. CORRESPONDENCE AND REPORTS None. 10. ADJOURN Mayor Klick adjourned the meeting at 7:33 p.m. Respectfully submitted, Stacie Brown City Clerk Page 8 of 178 STAFF REPORT Meeting Date: July 28, 2026 ROGERS CITY COUNCIL Agenda Item: 5.2 Subject: Approval of Bills and Claims Prepared By: Bridget Bruska, Finance Director Recommended Council Action Motion to approve bills and claims as presented. Overview / Background / Analysis According to the City's purchasing policy, all purchases made by City staff must be reviewed and approved by the City Council during each Council meeting via the consent agenda. Attached is a summary of payments issued by the City since the cutoff date of the previous Council meeting. Detailed supporting documentation is provided to Council as nonpublic background material to reduce fraud risk and is available for public inspection upon request, as permitted by law. Staff Recommendation Motion to approve bills and claims as presented. Financial Impact: N/A Source Fund: N/A Budgeted? N/A Supporting Documentation A. AP Cover Sheet B. 07-10-2026 Checks #97972-97999 & ACH Payments C. 07-10-2026 Checks #98000-98021 - UB Overpayments D. 07-17-2026 Checks #98022-98081 & ACH Payments Page 9 of 178CITY OF ROGERS 07.14.2026 CITY COUNCIL MEETING OPERATING ACCOUNTS - ADDITIONAL CLAIMS PAID/TO BE PAID City Payroll Checks, Taxes & Misc Fees Paid 7/9/2026ADP Child Support/Garnishment 124.62 7/9/2026ADP Direct Deposits 297,488.23 7/10/2026ADP Fees 1,850.60 7/10/2026ADP Fees 1,286.35 7/10/2026ADP Fees 1,160.70 7/9/2026 ADP Payroll Taxes 119,152.51 7/9/2026 Associated Bank FSA/DCAP 202.00 7/20/2026Associated Bank FSA/DCAP 548.40 7/21/2026Associated Bank FSA/DCAP 17.71 7/10/2026Associated Bank FSA & DCAP Participant Fees 60.00 7/13/2026ICMA Deferred Compensation 3,125.00 7/10/2026Associated Bank Health Plan Fund 7,220.94 7/10/2026Associated Bank Health Plan Fund 5,100.00 7/13/2026PERA 84,658.25 7/13/2026State of MN HCSP 4,685.23 7/13/2026State of MN - Deferred Comp 14,186.00 Payroll & Misc Fee Expenditures 540,866.54 City Checks & ACH Paid 7/10/2026City Checks & ACH Paid (97972-97999) 277,364.11 7/10/2026City Checks UB Overpayments (98000-98021) 1,307.49 7/17/2026City Checks & ACH Paid (98022-98081) 811,281.16 City Misc ACH/Wires Paid 1,089,952.76 7/16/2026Civic Pay ACH Fees Utility Billing 35.78 7/14/2026Building Permit Surcharge 26,853.31 7/13/2026Wells Fargo Client Analysis Fees 1,998.79 7/17/2026MNDOR - City Sales Tax 3,198.00 7/16/2026MNDOR - Water Sales Tax 7,550.00 City ACH/Wire Expenditures 39,635.88 Liquor Misc ACH/WiresCity Total Paid To Be Approved 1,670,455.18 7/15/2026MNDOR - Liquor Sales Tax 44,262.00 Liquor ACH/Wire Expenditures 44,262.00 Liquor Total to Be Approved 44,262.00 Page 10 of 178 STAFF REPORT Meeting Date: July 28, 2026 ROGERS CITY COUNCIL Agenda Item: 5.3 Subject: Setting the August 3rd Planning Commission Meeting as a Joint Planning Commission and City Council Meeting for Discussion on the 2050 Comprehensive Plan Prepared By: Brett Angell, Community Development Director Recommended Council Action Motion to set the August 3rd Planning Commission meeting as a joint Planning Commission and City Council meeting for discussion on the 2050 Comprehensive Plan. Overview / Background / Analysis In early 2026, the City of Rogers selected a consultant team of TC2, SRF, and Landform to assist with the 2050 Comprehensive Plan update process. The 2050 Comprehensive Plan will set the vision and plan for future growth and development of the community over the next couple of decades. Per statutory requirements, the city is required to update its comprehensive plan on a decennial basis. The update process is guided by the Metropolitan Council, which sets the baseline requirements of what elements need to be included in the plan update. Over the past few weeks, city staff and TC2 have conducted early public engagement related to the plan update. This includes an online survey as well as a few pop-up events where residents were asked to provide feedback on different areas of how they view the community. Community engagement will take place throughout the comprehensive plan update with variations on what is being asked based upon the status of where the update is at in the overall process. The August 3rd meeting will be a joint Planning Commission and City Council meeting to discuss the feedback received to date and look to set the overall themes for what the comprehensive plan update will address. This joint meeting will be in the place of the regularly scheduled Planning Commission meeting. Staff Recommendation Staff recommends the City Council set the August 3rd meeting of the Planning Commission as a joint City Council and Planning Commission meeting for the purposes of discussing the 2050 Comprehensive Plan. Financial Impact: Not applicable. Source Fund: Not applicable. Budgeted? N/A Page 11 of 178Supporting Documentation None Page 12 of 178 STAFF REPORT Meeting Date: July 28, 2026 ROGERS CITY COUNCIL Agenda Item: 5.4 Subject: Setting August 13th, 2026 at 5:15 PM as the Appeal Hearing Date for the Revocation of the Conditional Use Permit for the Property at 20775 Territorial Road (Lloyds Cylindar Head Repair) Prepared By: Brett Angell, Community Development Director Recommended Council Action Motion to set Thursday, August 13th at 5:15 PM at the Rogers Community Room as the appeal hearing date for the revoation of the CUP for the property at 20775 Territorial Road (Lloyds Cylinder Head Repair). Overview / Background / Analysis The City of Rogers received complaints and subsequently verified the complaints related to city code and conditional use permit violations present at the property at 20775 Territorial Road. Details related to the violations can be found below. On April 10th, 2026, the city sent a first notice of violations to the property owner with a deadline of May 10th to come into compliance with the city code and the conditional use permit or provide a defined plan for compliance. On May 11th, 2026, the city sent a second notice of violation to the property owner with a deadline of June 1st. Neither warning notice was answered. On June 24th, 2026, a notice of CUP revocation was hand- delivered to the property owner by the Rogers Police Department detailing that the CUP is hereby revoked effective July 10, 2026. Per City Code Section 125-24, the property owner is allowed 10 days to submit a written appeal requesting a hearing for the CUP revocation. On July 9th, the property owner submitted an appeal requesting a hearing on the CUP revocation on the basis of lack of notice (property owner claims the first two warning letters were not received), insufficient time to achieve compliance, that since receiving notice there has been progress, and a desire for clarification on violations. Violations Present Violations present that were noted for the subject property include: • Conditional Use Permit — per the approved Conditional Use Permit in 2016, outdoor storage of vehicles, scrap, equipment, and other materials has drastically expanded above the approved limits of the CUP. No more than 5 vehicles are allowed to be stored on site. • Conditional Use Permit — operations of the business have expanded and encroached on to 20735 Territorial Road, which the CUP does not include and cannot be used for the operations of the business. • Conditional Use Permit screening is in disrepair and does not adequately screen the use. Page 13 of 178 • Outdoor Storage — Section 125-84(e)(1), Section 125-84(e)(6), and Section 125- 83(B)(3) • Parking Surface and Inoperable Vehicles — Section 125-86(g) and Section 125- 86(b)(3) • Illegal Dwellings on Site — Section 125-89(a)(1) — dwelling units have been added to accessory buildings which are not permitted by code. • Unpermitted Accessory Structures — accessory buildings above what was approved in the site plan have been added to the site. • Property Maintenance — Section 26-41 It is noted that the violations as listed above correspond to direct city code and CUP violations and do not include additional potential building and fire code and/or police- related violations. Action Request Per the Rogers City Code, the City Council has to set the date and timing for the appeal hearing. This item would set Thursday, August 13th at 5:15 PM as the hearing date and time (before the council meeting that evening). At the hearing, the City Council will receive additional details from staff and hear the petition by the property owner, Jeffrey Llyod. Council will make a determination of next steps and the CUP revocation. Staff Recommendation Staff recommends the City Council set Thursday, August 13th at 5:15PM at the Rogers Community Room as the appeal hearing date for the revocation of the CUP for the property at 20775 Territorial Road. Financial Impact: Not Applicable. Source Fund: Not Applicable. Budgeted? N/A Supporting Documentation None Page 14 of 178 STAFF REPORT Meeting Date: July 28, 2026 ROGERS CITY COUNCIL Agenda Item: 5.5 Subject: Items Related to Brockton Meadows Townhomes Association • Approve Agreement Regarding Transfer of Certain Improvements Between Homeowner's Association and City of Rogers - Brocktonn Meadows Townhomes Association • Accept Permanent Street Easement on Prairieview Drive from Savanna Drive to 770' East of Savanna Drive Prepared By: Doran Cote, Public Works Director/City Engineer Recommended Council Action • Motion to Approve Agreement Regarding Transfer of Certain Improvements Between Homeowner's Association and City of Rogers - Brockton Meadows Townhomes Association • Motion to Accept Street Street Easement on Prairieview Lane from Savanna Drive to 770' East of Savanna Drive Overview / Background / Analysis On April 25, 2023 the City Council considered and approved a Policy Relating to Accepting Private Streets into the City Street System. This policy defines the conditions under which the City Council will consider accepting private streets into the City system. At that time, staff had determined that only the private streets in the following subdivisions or portions of the subdivision potentially meet the criteria of this policy and will be considered if requested: Brockton Meadows, Villas of Lyndhaven Meadows, Villas at Rivers Edge, Dutch Knolls and Mallard South. Villas of Lyndhaven Meadows HOA has had their previously private street accepted public street. The City Council approved that agreement and easement on August 8, 2023. Since the approval of the policy and accepting the Villas of Lyndhaven Meadows private street, staff has been working with a representative of the Brockton Meadows Townhomes HOA to satisfy the conditions of the policy and bring their private street into the City's street system as a public street. The HOA has met all the conditions of the policy, executed the Agreement Regarding Transfer of Certain Improvements Between Homeowner's Association and City of Rogers and provided and acceptable Prairieview Drive Street Easement. Both documents are attached to this report and are recommended for approval and acceptance. Since the HOA performed all the activities contemplated under Article 3.02 of the Agreement, there was no escrow required. Page 15 of 178 Brockton Meadows Townhomes Brockton Meadows is similar to the Villas of Lyndhaven Meadows in that the northeast corner of the development was originally platted in 2005 as part of Brockton Meadows First Addition and was to be 64 attached townhomes with 16-4-plexes with a private street maintained by an association. The street, as designed and built, generally met the city’s standards at that time. A portion of the street is platted as right-of-way and maintained by the city (see above). In 2006 the townhomes were platted as condominiums with Brockton Meadows Second Addition. By 2012 the majority of the single-family lots have been developed and continued to develop. The townhouse style portion of the plat had not been fully developed due to economic considerations, with only 6–4 plex buildings being completed. In 2012, a different developer proposed a new subdivision, Brockton Meadows Fourth Addition, to create 11 single-family lots and one outlot (common area) and developed the lots with traditional single-family homes. The private street was retained in the townhome portion of the development but was platted as right-of-way within the new single-family development. Staff Recommendation • Motion to Approve Agreement Regarding Transfer of Certain Improvements Between Homeowner's Association and City of Rogers - Brocktonn Meadows Townhomes Association Page 16 of 178 • Motion to Accept Permanent Street Easement on Prairieview Drive from Savanna Drive to 77' East of Savanna Drive Financial Impact: N/A Source Fund: N/A Budgeted? N/A Supporting Documentation A. POLICY RELATING TO ACCEPTING PRIVATE STREETS VERSION 2 B. Brockton Meadows Agreement C. Street Easement_Brockton Meadows - Assoc Draft Page 17 of 178 POLICY RELATING TO ACCEPTING PRIVATE STREETS INTO CITY STREET SYSTEM Purpose The City Council desires to establish its position on considering the acceptance of existing private streets into the City street system. Background The City has a few miles of privately-owned streets for which the City provides no maintenance services. Periodically, the private street owners’, generally homeowner's associations (HOA’s), inquire about the possibility of having the City assume ownership and ongoing maintenance of their streets. This policy defines the conditions under which the City Council will consider accepting private streets into the City system. The City finds that only the private streets in the following subdivisions or portions of the subdivision potentially meet the criteria of this policy and will be considered if requested: Brockton Meadows, Villas of Lyndhaven Meadows, Villas at Rivers Edge, Dutch Knolls and Mallard South. Policy 1. To be considered for acceptance by the City as a public street, the private street must meet the following requirements: a) Must be able to have a defined right-of-way as a separate legal parcel or easement on a separate legal parcel. b) Each adjacent dwelling unit must be on its own legal parcel or have a separate property identification number (PIN). c) The private street was approved as part of the City subdivision approval process. Driveways or common drives will not be considered as private streets. d) The minimum right-of-way is 40 feet (20 feet either side of the roadway centerline), with structure setback a minimum of 20 feet from the edge of roadway. e) Accepting the streets must serve a public purpose. f) The private streets must meet City design standards. If the private streets do not meet City standards, they must be upgraded in order to do so. 2. An agreement, provided by the City and in the City's format, must be approved by the majority percentage specified in homeowner's association documents to give public ownership or easement. The agreement must include all private streets which are the responsibility of an HOA. A copy of the agreement is attached hereto and made a part of this policy. Page 18 of 178 3. Upon receipt of the agreement, the City will perform an engineering study on the private streets, identifying condition, maintenance, and safety issues. A private street will be considered for acceptance into the City's street system only if the engineering study indicates that the street will not require reconstruction. If the street requires reconstruction, it must be reconstructed prior to acceptance into the City’s street system. Street width will be based on neighborhood considerations and City street width standard in effect at the time of original construction. 4. If recommended by the engineering study, the City will preliminarily accept the streets. At the time of this determination, if the street requires reconstruction and the HOA requests that the City reconstruct the streets, the estimated assessment for street improvements will be calculated for each property, and neighborhood meetings will be held to explain the City's street reconstruction program to residents. 5. At the time of preliminary acceptance of the private street into the City system, if the street requires reconstruction and the HOA requests that the City reconstruct the streets, the assessment for reconstruction shall be calculated on the following basis: a. Homeowner pays 70% of the total cost of the project; except the homeowner must pay 100% of cost to add concrete curb and gutter if non-existing and 100% of the storm sewer if it is determined in the engineering study to be inadequate. b. City pays 30% of the total cost of the project excluding those items identified above as being assessed 100% to the homeowner. 6. The HOA must, by the vote as specified in the HOA documents, grant an easement or fee title for the right-of-way without cost to the City, free and clear of any encumbrances. 7. When accepting a private street as a public street, no special consideration for maintenance (e.g. snow removal), will be given priority over public street maintenance policies and procedures. 8. The City Council's final action to accept a private street as a public street shall be a combined action including: a) Adopting the assessments for street reconstruction if required. b) Accepting the easements. c) Accepting the street. d) Awarding a contract for street reconstruction if required. 9. The final action will occur after all required public hearings with notification to property owners. Page 19 of 178 AGREEMENT REGARDING TRANSFER OF CERTAIN IMPROVEMENTS BETWEEN HOMEOWNER'S ASSOCIATION AND CITY OF ROGERS This agreement is entered into as of ,2023 between the City of Rogers ("City") and [insert name of association] ("Association"). RECITALS A. The Association is the fee owner of certain improvements (the "Improvements") located in [insert name of development] located at [insert address]. B. The Association wishes to transfer ownership, operation, and maintenance of the Improvements to the City. C. The City is willing to accept the Improvements and be responsible for their future maintenance and operation, if the Improvements meet City standards. Now therefore in consideration of the mutual covenants and conditions set forth in this agreement, the City and the Association agree as follows: ARTICLE ONE ASSOCIATION'S FORMAL REQUEST FOR ACCEPTANCE OF IMPROVEMENTS 1.01. The Improvements that the Association wishes to transfer to the City are listed in Exhibit A to this agreement. 1.02. The Association will field locate and mark, or will cause to have located and marked, at the Association's expense, each of the Improvements listed in Exhibit A as well as private watermain, sewer, storm sewer, electric, gas and telecommunications utilities. 1.03. The Association will provide to the City the as-built plans and any existing maintenance records for each of the Improvements. 1.04. The City will provide a preliminary indication as to whether it will accept each of the Improvements. ARTICLE TWO CONDITIONS FOR ACCEPTANCE OF IMPROVEMENTS 2.01. Any Improvement under consideration for acceptance by the City must be inspected for conformance to the City's standards and for conformance to the City's standard detail specifications. Page 20 of 178 The City will not accept items that do not conform to those standards. Items that do not conform will be identified by the City and must be repaired, replaced or upgraded before acceptance by the City. 2.02. City to Upgrade Improvements. The Association may elect to have the Improvements upgraded to City standards in accordance with City's Policy Relating to Accepting Private Streets into the City System. By signing below, the Association makes known their desire to have the Improvements upgraded by the City. The City shall, at their discretion, make the determination whether to proceed with the Improvements. The City will provide the preliminary indication as identified above, however, the City Council shall make the final determination whether to undertake the Improvements. If the upgrades are undertaken by the City, the following requirements shall apply: 2.02.1. Assessment Agreement. The Association must approve an assessment agreement to be assessed their portion of the Improvement costs. If the assessments are challenged, the Association is responsible for all costs incurred by the City due to said challenge. 2.02.2. Association Property. The City may, at their discretion, choose to assess the Association's portion of the Improvement costs to a commonly owned property of the Association. 2.03. Association to Upgrade Improvements. The Association may elect to upgrade the Improvements so that they comply with City standards provided plans and specifications are approved by the City ("Approved Plans"). By signing below, the Association makes known their desire to have the Improvements upgraded by the Association. If the upgrades are undertaken by the Association, the following requirements shall apply: 2.03.1. Staking, Surveying and Inspections. The Association, through its engineer, must provide all staking, surveying and inspection records for the Improvements in order to ensure that the completed Improvements conform to the Approved Plans. The City will provide for general inspection. The Association must notify the City of all tests to be performed. 2.03.2. Unsatisfactory Labor or Material. Any unsatisfactory labor or material rejected by the City must be replaced and all deficiencies corrected at the sole expense of the Association. 2.03.3. Time for Association's Performance. Improvements that require upgrading are to be completed within 90-days after the date of this Agreement, unless extended by the City Page 21 of 178 Engineer. 30-day extensions must be requested by the Association in writing with details explaining the need for the extension. 2.03.4. Maintenance of Improvements. The Association shall be responsible for all maintenance, upkeep and repair of the Improvements until such Improvements are completed and accepted by the City. The Association hereby agrees to indemnify and hold the City harmless from any and all claims for damages of any nature whatsoever arising out of Association's acts or omissions in performing the obligations imposed upon Association by this paragraph. 2.03.5. Additional Work or Materials. All work covered by this Agreement shall be done at no expense to the City. The Association shall not do any work or furnish any materials not covered by the Approved Plans unless such work is first approved by the City. Any such work or materials that may be done or furnished by the Association or its contractor without prior written order are furnished at the Association's or contractor's own risk. s2.03.6. A -built Plans. Upon completion of the work, the Association shall provide the City with a full set of as-built plans of the upgrades to the improvements in a form similar to the example provided in Appendix B for City records. 2.03.7. Final Inspection/Acceptance. Upon completion of all work required by the City Engineer or designated representative, the City Engineer and representatives of the Association's contractor and/or engineer will make a final inspection of the work. The City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the Approved Plans, and the Association's engineer shall submit a written statement attesting to the same. The final approval and acceptance of the Improvements shall take the form of a resolution duly passed by the City Council on the advice of the City Engineer. ARTICLE THREE EASEMENTS AND CITY COSTS 3.01. Easements. The Association shall provide in recordable format the necessary easements at no cost to the City. These easements shall be in a form acceptable to the City Engineer at their sole discretion. The City shall record the easements promptly after the acceptance of the work by the City Council. 3.02. Payment of City Costs. Upon execution of this Agreement, the Association shall pay a deposit into the escrow account of the City in the amount of $5.00 (five dollars) per lineal foot of improvements to be transferred. These monies are to be used by the City to pay its out-of-pocket costs in preparing and administering this Agreement. The out-of-pocket costs to be paid shall include, but not be limited to, attorney's fees, engineering fees, and other technical or professional assistance, including the work of the City staff and employees. Whenever the balance remaining in the fund is less than $1,000.00 (one thousand dollars), the Association shall, upon request by the City, deposit the amount required to re- establish the fund balance at $5,000.00 (five thousand dollars). Upon completion of all work required by this Agreement, any balance remaining shall be refunded to the Association. Page 22 of 178 ARTICLE FOUR OTHER REQUIREMENTS 4.01. Indemnification. Notwithstanding anything to the contrary in this Agreement, the City, its officials, agents and employees shall not be personally liable or responsible in any manner to the Association, the Association's contractor or subcontractor, material suppliers, laborers or to any other person or persons for any claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work required by this Agreement to be performed by the Association. The Association will save the City, its officials, agents and employees harmless from all such claims, demands, damages, or causes of action and the costs, disbursements, and expenses of defending the same, including but not limited to, attorneys fees, consulting engineering services, and other technical or professional assistance, including the work of City staff and employees. Notwithstanding the foregoing, nothing in this Agreement shall be construed to waive or limit any immunity from or limitation on liability to which the City is entitled, under Minnesota Statutes, Chapter 466 or otherwise. 4.02. Underground Utilities. The Association shall contact the electric, telephone, gas and cable companies that are authorized to provide service to the property for the purpose of ascertaining whether any of those utility providers intend to install underground lines within the development. The Association agrees to comply with applicable requirements of franchise ordinances in effect in the City, copies of which are available from the City Clerk. 4.03. After acceptance of the Improvements, the City assumes no obligation or duty to maintain them beyond the standards set out in the applicable City policies. ARTICLE FIVE MISCELLANEOUS PROVISIONS 5.01. Amendment. Any amendment to this Agreement must be in writing and signed by both parties. 5.02. Assignment. The Association may not transfer or assign any of its obligations under this Agreement without the prior written consent of the City, which shall not be unreasonably withheld. 5.03. Severability. The provisions of this Agreement are severable, and in the event that any provision of this Agreement is found invalid, the remaining provisions shall remain in full force and effect. 5.04. Notices. All notices, certificates or other communications required to be given to City and Association hereunder shall be sufficiently given and shall be deemed given when delivered or when deposited in the United States mail, first class, with postage fully prepaid and addressed as follows: Page 23 of 178 To City: City of Rogers 22350 Diamond Lake Road South Rogers, MN 55374 Attn: City Engineer To Association: The City and the Association, by notice given hereunder, may designate different addresses to which subsequent notice, certificate or other communications should be sent. 5.05. No Third-Party Beneficiary. This Agreement and any financial guarantees required pursuant to its terms are not intended for the benefit of any third party. 5.06. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. IN WITNESS OF THE ABOVE, the parties have caused this Agreement to be executed on the date and year written above. CITY OF ROGERS By __________________________ Its Mayor By __________________________ Its City Administrator ASSOCIATION By___________________________ Its Page 24 of 178EXHIBIT A (List of Improvements) Page 25 of 178 POLICY RELATING TO ACCEPTING PRIVATE STREETS INTO CITY STREET SYSTEM Purpose The City Council desires to establish its position on considering the acceptance of existing private streets into the City street system. Background The City has a few miles of privately-owned streets for which the City provides no maintenance services. Periodically, the private street owners’, generally homeowner's associations (HOA’s), inquire about the possibility of having the City assume ownership and ongoing maintenance of their streets. This policy defines the conditions under which the City Council will consider accepting private streets into the City system. The City finds that only the private streets in the following subdivisions or portions of the subdivision potentially meet the criteria of this policy and will be considered if requested: Brockton Meadows, Villas of Lyndhaven Meadows, Villas at Rivers Edge, Dutch Knolls and Mallard South. Policy 1. To be considered for acceptance by the City as a public street, the private street must meet the following requirements: a) Must be able to have a defined right-of-way as a separate legal parcel or easement on a separate legal parcel. See attached plat. A street easement description and exhibit will be prepared by a registered land surveyor. The easement shall be 50’ wide (25’ either side of the centerline) over Outlot A where practicable. The easement should be offset from property lines/corners by roughly 5’ to 10’. b) Each adjacent dwelling unit must be on its own legal parcel or have a separate property identification number (PIN). Satisfied. c) The private street was approved as part of the City subdivision approval process. Driveways or common drives will not be considered as private streets. Satisfied. d) The minimum right-of-way is 40 feet (20 feet either side of the roadway centerline), with structure setback a minimum of 20 feet from the edge of roadway. See 1.a. above. See attached street and storm sewer plans for street layout. e) Accepting the streets must serve a public purpose. Satisfied. f) The private streets must meet City design standards. If the private streets do not meet City standards, they must be upgraded in order to do so. Satisfied. Street is 32’ wide back-of-curb to back-of-curb and constructed with the entire development. See attached street and storm sewer plans. Page 26 of 178 2. An agreement, provided by the City and in the City's format, must be approved by the majority percentage specified in homeowner's association documents to give public ownership or easement. The agreement must include all private streets which are the responsibility of an HOA. A copy of the agreement is attached hereto and made a part of this policy. See attached Agreement. 3. Upon receipt of the agreement, the City will perform an engineering study on the private streets, identifying condition, maintenance, and safety issues. A private street will be considered for acceptance into the City's street system only if the engineering study indicates that the street will not require reconstruction. If the street requires reconstruction, it must be reconstructed prior to acceptance into the City’s street system. Street width will be based on neighborhood considerations and City street width standard in effect at the time of original construction. 4. If recommended by the engineering study, the City will preliminarily accept the streets. At the time of this determination, if the street requires reconstruction and the HOA requests that the City reconstruct the streets, the estimated assessment for street improvements will be calculated for each property, and neighborhood meetings will be held to explain the City's street reconstruction program to residents. 5. At the time of preliminary acceptance of the private street into the City system, if the street requires reconstruction and the HOA requests that the City reconstruct the streets, the assessment for reconstruction shall be calculated on the following basis: a. Homeowner pays 70% of the total cost of the project; except the homeowner must pay 100% of cost to add concrete curb and gutter if non-existing and 100% of the storm sewer if it is determined in the engineering study to be inadequate. b. City pays 30% of the total cost of the project excluding those items identified above as being assessed 100% to the homeowner. 6. The HOA must, by the vote as specified in the HOA documents, grant an easement or fee title for the right-of-way without cost to the City, free and clear of any encumbrances. 7. When accepting a private street as a public street, no special consideration for maintenance (e.g. snow removal), will be given priority over public street maintenance policies and procedures. 8. The City Council's final action to accept a private street as a public street shall be a combined action including: a) Adopting the assessments for street reconstruction if required. b) Accepting the easements. c) Accepting the street. d) Awarding a contract for street reconstruction if required. 9. The final action will occur after all required public hearings with notification to property owners. Page 27 of 178 AGREEMENT REGARDING TRANSFER OF CERTAIN IMPROVEMENTS BETWEEN HOMEOWNER'S ASSOCIATION AND CITY OF ROGERS This agreement is entered into as of ,2023 between the City of Rogers ("City") and Brockton Meadows Townhomes Homeowners Association LLC, Inc. ("Association"). RECITALS A. The Association is the fee owner of certain improvements (the "Improvements") located in Brockton Meadows located at 19554 Prairieview Drive, Rogers, MN 55374. B. The Association wishes to transfer ownership, operation, and maintenance of the Improvements to the City. C. The City is willing to accept the Improvements and be responsible for their future maintenance and operation, if the Improvements meet City standards. Now therefore in consideration of the mutual covenants and conditions set forth in this agreement, the City and the Association agree as follows: ARTICLE ONE ASSOCIATION'S FORMAL REQUEST FOR ACCEPTANCE OF IMPROVEMENTS 1.01. The Improvements that the Association wishes to transfer to the City are listed in Exhibit A to this agreement. 1.02. The Association will field locate and mark, or will cause to have located and marked, at the Association's expense, each of the Improvements listed in Exhibit A as well as private watermain, sewer, storm sewer, electric, gas and telecommunications utilities. 1.03. The Association will provide to the City the as-built plans and any existing maintenance records for each of the Improvements. 1.04. The City will provide a preliminary indication as to whether it will accept each of the Improvements. ARTICLE TWO CONDITIONS FOR ACCEPTANCE OF IMPROVEMENTS 2.01. Any Improvement under consideration for acceptance by the City must be inspected for conformance to the City's standards and for conformance to the City's standard detail specifications. Page 28 of 178 The City will not accept items that do not conform to those standards. Items that do not conform will be identified by the City and must be repaired, replaced or upgraded before acceptance by the City. 2.02. City to Upgrade Improvements. The Association may elect to have the Improvements upgraded to City standards in accordance with City's Policy Relating to Accepting Private Streets into the City System. By signing below, the Association makes known their desire to have the Improvements upgraded by the City. The City shall, at their discretion, make the determination whether to proceed with the Improvements. The City will provide the preliminary indication as identified above, however, the City Council shall make the final determination whether to undertake the Improvements. If the upgrades are undertaken by the City, the following requirements shall apply: 2.02.1. Assessment Agreement. The Association must approve an assessment agreement to be assessed their portion of the Improvement costs. If the assessments are challenged, the Association is responsible for all costs incurred by the City due to said challenge. 2.02.2. Association Property. The City may, at their discretion, choose to assess the Association's portion of the Improvement costs to a commonly owned property of the Association. 2.03. Association to Upgrade Improvements. The Association may elect to upgrade the Improvements so that they comply with City standards provided plans and specifications are approved by the City ("Approved Plans"). By signing below, the Association makes known their desire to have the Improvements upgraded by the Association. If the upgrades are undertaken by the Association, the following requirements shall apply: 2.03.1. Staking, Surveying and Inspections. The Association, through its engineer, must provide all staking, surveying and inspection records for the Improvements in order to ensure that the completed Improvements conform to the Approved Plans. The City will provide for general inspection. The Association must notify the City of all tests to be performed. 2.03.2. Unsatisfactory Labor or Material. Any unsatisfactory labor or material rejected by the City must be replaced and all deficiencies corrected at the sole expense of the Association. 2.03.3. Time for Association's Performance. Improvements that require upgrading are to be completed within 90-days after the date of this Agreement, unless extended by the City Page 29 of 178 Engineer. 30-day extensions must be requested by the Association in writing with details explaining the need for the extension. 2.03.4. Maintenance of Improvements. The Association shall be responsible for all maintenance, upkeep and repair of the Improvements until such Improvements are completed and accepted by the City. The Association hereby agrees to indemnify and hold the City harmless from any and all claims for damages of any nature whatsoever arising out of Association's acts or omissions in performing the obligations imposed upon Association by this paragraph. 2.03.5. Additional Work or Materials. All work covered by this Agreement shall be done at no expense to the City. The Association shall not do any work or furnish any materials not covered by the Approved Plans unless such work is first approved by the City. Any such work or materials that may be done or furnished by the Association or its contractor without prior written order are furnished at the Association's or contractor's own risk. 2.03.6. As-built Plans. Upon completion of the work, the Association shall provide the City with a full set of as-built plans of the upgrades to the improvements in a form similar to the example provided in Appendix B for City records. 2.03.7. Final Inspection/Acceptance. Upon completion of all work required by the City Engineer or designated representative, the City Engineer and representatives of the Association's contractor and/or engineer will make a final inspection of the work. The City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the Approved Plans, and the Association's engineer shall submit a written statement attesting to the same. The final approval and acceptance of the Improvements shall take the form of a resolution duly passed by the City Council on the advice of the City Engineer. ARTICLE THREE EASEMENTS AND CITY COSTS 3.01. Easements. The Association shall provide in recordable format the necessary easements at no cost to the City. These easements shall be in a form acceptable to the City Engineer at their sole discretion. The City shall record the easements promptly after the acceptance of the work by the City Council. 3.02. Payment of City Costs. Upon execution of this Agreement, the Association shall pay a deposit into the escrow account of the City in the amount of $5.00 (five dollars) per lineal foot of improvements to be transferred. These monies are to be used by the City to pay its out-of-pocket costs in preparing and administering this Agreement. The out-of-pocket costs to be paid shall include, but not be limited to, attorney's fees, engineering fees, and other technical or professional assistance, including the work of the City staff and employees. Whenever the balance remaining in the fund is less than $1,000.00 (one thousand dollars), the Association shall, upon request by the City, deposit the amount required to re- establish the fund balance at $5,000.00 (five thousand dollars). Upon completion of all work required by this Agreement, any balance remaining shall be refunded to the Association. Page 30 of 178 ARTICLE FOUR OTHER REQUIREMENTS 4.01. Indemnification. Notwithstanding anything to the contrary in this Agreement, the City, its officials, agents and employees shall not be personally liable or responsible in any manner to the Association, the Association's contractor or subcontractor, material suppliers, laborers or to any other person or persons for any claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work required by this Agreement to be performed by the Association. The Association will save the City, its officials, agents and employees harmless from all such claims, demands, damages, or causes of action and the costs, disbursements, and expenses of defending the same, including but not limited to, attorneys fees, consulting engineering services, and other technical or professional assistance, including the work of City staff and employees. Notwithstanding the foregoing, nothing in this Agreement shall be construed to waive or limit any immunity from or limitation on liability to which the City is entitled, under Minnesota Statutes, Chapter 466 or otherwise. 4.02. Underground Utilities. The Association shall contact the electric, telephone, gas and cable companies that are authorized to provide service to the property for the purpose of ascertaining whether any of those utility providers intend to install underground lines within the development. The Association agrees to comply with applicable requirements of franchise ordinances in effect in the City, copies of which are available from the City Clerk. 4.03. After acceptance of the Improvements, the City assumes no obligation or duty to maintain them beyond the standards set out in the applicable City policies. ARTICLE FIVE MISCELLANEOUS PROVISIONS 5.01. Amendment. Any amendment to this Agreement must be in writing and signed by both parties. 5.02. Assignment. The Association may not transfer or assign any of its obligations under this Agreement without the prior written consent of the City, which shall not be unreasonably withheld. 5.03. Severability. The provisions of this Agreement are severable, and in the event that any provision of this Agreement is found invalid, the remaining provisions shall remain in full force and effect. 5.04. Notices. All notices, certificates or other communications required to be given to City and Association hereunder shall be sufficiently given and shall be deemed given when delivered or when deposited in the United States mail, first class, with postage fully prepaid and addressed as follows: Page 31 of 178 To City: City of Rogers 22350 Diamond Lake Road South Rogers, MN 55374 Attn: City Engineer To Association: Roy Jansen & Nancy Jansen 19554 Prairieview Dr Rogers MN 55374 The City and the Association, by notice given hereunder, may designate different addresses to which subsequent notice, certificate or other communications should be sent. 5.05. No Third-Party Beneficiary. This Agreement and any financial guarantees required pursuant to its terms are not intended for the benefit of any third party. 5.06. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. IN WITNESS OF THE ABOVE, the parties have caused this Agreement to be executed on the date and year written above. CITY OF ROGERS By __________________________ Its Mayor By __________________________ Its City Administrator ASSOCIATION By___________________________ Its Page 32 of 178 EXHIBIT A Private portion of Prairieview Drive from Savanna Drive to 770' East of Savanna Drive (770 l.f.) Page 33 of 178 DECLARATION OF PERMANENT STREET EASEMENT THIS INSTRUMENT is made this 8th day of July, 2026, by the Brockton Meadows Townhomes Association, Inc, located within the City of Rogers with a business address at PO Box 386, Rogers MN, 55374 (“Grantor”), in favor of the City of Rogers, a Minnesota municipal corporation (“City” or “Grantee”). RECITALS A. Grantor is the owner of that certain real property in the City legally described in Exhibit A attached hereto (“Subject Property”). B. Grantor has agreed to grant a Permanent Street Easement (“Street Easement”) over across, under and through a portion of the Property (“Street Easement Area”), as legally described in Exhibit B attached hereto and as depicted in Exhibit C attached hereto, on the following terms and conditions. TERMS OF EASEMENT 1. Grant of Easement. Grantor does hereby grant onto Grantee, its successors and assigns, a permanent, non-exclusive, easement for public street purposes over, across, under and through the Street Easement Area. 2. Scope of Easement. The Street Easement includes the right of Grantee, its contractors, agents, servants and assigns include the rights to enter upon the Street Easement Area at reasonable times to construct, reconstruct, inspect, repair, maintain and improve a public street system over, across, under and through the Street Easement Area together with the right to grade, level, fill, drain and excavate the Street Easement Area, and further right to remove trees, bushes, undergrowth and other obstructions interfering with the location, construction and maintenance of the Street Easement. The Street Easement also includes 1 Page 34 of 178 the right of the Grantee, its contractors, agents, and employees to locate, relocate, construct, operate, maintain, alter, repair, and improve street facilities within the described Street Easement Area. As used herein, “street purposes” is defined as the use of street facilities for transportation purposes by vehicles, pedestrians, non-motorized bicycles, public safety (police and fire) and public works vehicles, and electric-powered wheelchairs and small electric carts operated by physically disabled people. Grantee may, but shall not be obligated to, impose such reasonable rules, regulations and ordinances governing the use of the Street Easement as it deems appropriate and desirable. 3. Use of the Street. Grantee, its officers, employees, agents, and contractors may operate motorized vehicles within the Street Easement Area as needed to construct, reconstruct, maintain, improve, or alter the street. Grantor may use the Street Easement Area and may operate motorized vehicles on the street in Grantor’s discretion for purposes of maintaining improvements related to the development of the land, provided such use does not unreasonably interfere with the use of the Street Easement Area for street purposes and does not damage the street or its related structures. 4. Non-Interference and Improvements. Grantor shall not construct any buildings, structures, or other improvements within the Street Easement Area except as is reasonably needed to accommodate its access to the Property and which do not unreasonably interfere with the use of the Street Easement Area for street purposes. Grantor shall have the right to continued access to roads, parking areas, and other improvements adjacent to the street and shall have the right to enter upon the Street Easement Area for any lawful purpose provided there is no interference with the use, maintenance, and operation of the Street Easement Area for street purposes. 5. Recordation. Grantee shall, at its own cost, record this document in a timely fashion in the office of the Hennepin County Recorder and provide the Grantor a copy of the recorded document. 6. Entire Agreement. This document sets forth the entire agreement between the parties with respect to this easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the easement. 7. Prior Encumbrances. This easement is granted subject to all prior easements or encumbrances of record. 8. Warranty of Title. The Grantors warrant they are the owners of the Property and have the right, title and capacity to convey to the Grantee the easement herein. 9. Environmental Matters. The Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants that may have existed on, or that relate to, the easement area or Property prior to the date of this instrument. 2 Page 35 of 17810. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, the Grantee, and their successors, and assigns. STATE DEED TAX DUE HEREON: NONE Dated this 8th day of July, 2026. [signature page follows] 3 Page 36 of 178 GRANTOR: BROCKTON MEADOWS, INC Roy Jansen Its President STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _____ day of _______________ 2026, by Roy Jansen, President of Villas of Brockton Meadows Townhomes Association, 19554 Prairieview Drive, Rogers, MN 55374. ____________________________________ Notary Public THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered (MDT) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 4 Page 37 of 178 EXHIBIT A SUBJECT PROPERTY LEGAL DESCRIPTION Outlot A, Brockton Meadows Second Addition, on file and of record in the office of the County Recorder, Hennepin County, Minnesota 5 Page 38 of 178 EXHIBIT B STREET EASEMENT AREA LEGAL DESCRIPTION PROPOSED PUBLIC RIGHT OF WAY: A 58.00 foot strip of land in Outlot A, BROCKTON MEADOWS SECOND ADDITION, Hennepin County. Minnesota, according to the recorded plot thereof, that lies 24.00 feet to the right and 34.00 feet to the left of the following described line: Commencing at the Northeast corner of said Outlot A; thence an assumed bearing of North 88 degrees 23 minutes 28 seconds West, along the North line of said Outlot A to the Westerly right of way line of said Outlot A; thence 53.40 feet Southerly along the West line of said Outlot A on a non-tangential curve concave Westerly having a radius of 130.00 feet, a central angle of 23 degrees 31 minutes 58 seconds, a chord bearing of South 16 degrees 14 minutes 25 seconds West and a chord distance of 53.02 feet to the point of beginning of said line; thence South 64 degrees 48 minutes 59 seconds East, a distance of 52.07 feet; thence 89.70 feet Southeasterly on a tangential curve, concave Northerly. having a radius of 500.00 feet and a central angle of 10 degrees 16 minutes 43 seconds; thence South 75 degrees 05 minutes 42 seconds East, tangent to said curve, a distance of 127.07 feet; thence 81.21 feet Southeasterly on a tangential curve, concave Southwesterly. having a radius of 500.00 feet and a central angle of 09 degrees 18 minutes 22 seconds; thence South 65 degrees 47 minutes 20 seconds East, tangent to said curve, a distance of 165.29 feet; thence 187. 78 feet Southeasterly on a tangential curve, concave Southwesterly. having a radius of 150.00 feet and a central angle of 71 degrees 43 minutes 31 seconds; thence South 05 degrees 53 minutes 36 seconds West, tangent to said curve, a distance of 66.51 feet to the North line of the recorded plat of BROCKTON MEADOWS 4TH ADDITION and said line there terminating. The sidelines of said strip shall terminate at the West and East lines of said Outlot A, and at the North line of said plat of BROCKTON MEADOWS 4TH ADDITION. 6 Page 39 of 178 EXHIBIT C MAP OF STREET EASEMENT AREA 7 Page 40 of 178 STAFF REPORT Meeting Date: July 28, 2026 ROGERS CITY COUNCIL Agenda Item: 5.6 Subject: Approve MnDOT Permits to Construct for TH 101 Pavement Rehabilitation, City Project No. 2611 Prepared By: Doran Cote, Public Works Director/City Engineer Recommended Council Action Motion to Approve MnDOT Permits to Construct for TH 101 Pavement Rehabilitation, City Project No. 2611 and Authorize the Public Works Director to Sign the Permits on the City's Behalf Overview / Background / Analysis MnDOT has a project programmed in 2026/2027 to rehabilitate the pavement on TH 101 from the south I-94 ramps in Rogers to north of CSAH 36 in Otsego (MNDOT Project No. 2738(101=187)901-306A). Included with this project are Americans with Disabilities Act (ADA) improvements at the diverging diamond at CSAH 144 in Rogers and some minor drainage improvements. Some of the improvements in Rogers will take place on city property or city-acquired easements. MnDOT requires the use of a Permit to Construct on properties owned or encumbered by another governmental entity. The permit states "The undersigned, having an interest in the above described real property, understand that they are not required to surrender possession of the property without just compensation and are not required to surrender lawfully occupied real property without at least 90 days notice. By signing this Permit, the undersigned waives these rights and grants to the State of Minnesota the immediate right to enter the above described property for construction of ADA compliance and pedestrian sidewalks." The permits expire on December 1, 2029 or when construction is completed. Staff Recommendation Motion to Approve MnDOT Permits to Construct for TH 101 Pavement Rehabilitation, City Project No. 2611 and Authorize the Public Works Director to Sign the Permits on the City's Behalf Financial Impact: $260,000 Source Fund: 404 Budgeted? Yes Supporting Documentation A. ZDP Parcels 201D, 204A, 306A, 307A Page 41 of 178B. PERMIT TO CONSTRUCT_305 C. PERMIT TO CONSTRUCT_305C D. 2738(101=187)901-306_sketch E. 2738(101=187)901-307_sketch F. 2738(101=187)901-403C_sketch G. Agreement 05923 RW_City_of_Rogers Page 42 of 178 TEMPORARY PERMIT TO CONSTRUCT FOR GOVERNMENTAL ENTITIES C.S. 2738 (101=187) 901 Parcels 201D, 204A, 306A, 307A Dated: May 5, 2026 City of Rogers County of Hennepin The State of Minnesota, by its Commissioner of Transportation, has established and designated the route of Trunk Highway No. 101 in Hennepin County, Minnesota. It is necessary that the State of Minnesota use for highway purposes real property situated in Hennepin County, Minnesota, as shown on EXHIBITS “A, B, C, D and E” The undersigned, having an interest in the above described real property, understand that they are not required to surrender possession of the property without just compensation and are not required to surrender lawfully occupied real property without at least 90 days notice. By signing this Permit, the undersigned waives these rights and grants to the State of Minnesota the immediate right to enter the above described property for construction of ADA compliance and pedestrian sidewalks This Permit will expire on December 1, 2029 or when construction has been completed. Name/Title Signature Date Name/Title Signature Date Page 43 of 178 NE CORNER OF LOT 2 STATE HIGHWAY NO. 101 S00°23'17"W IP CAP #24992 171.68 S30°26'34"W S06°59'12"W 104.17 S11°37'34"W 87.02 92.20 E LINE OF LOT 2 42.81 84.87 P.O.B. S55°59'09"E S41°43'42"W 104.32 9.47 N60°28'57"E 42.06 32.33 POINT "A" 19.45 P.O.B. OF CENTERLINE 42.69 S72°48'30"W 39.88 N81°01'12"E TEMP. CONSTRUCTION AREA=3,397 SQ.FT. EASEMENT S LINE OF THE SW 1/4, SEC. 11, T. 120, R. 23, HENNEPIN CO, MN 6.00 N42°33'40"E28.80 N S89°15'51"W 78.14 S89°15'51"W 28.88 N89°16'33"W 76.40 CENTERLINE OF PERMANENT S77°32'40"E 0 15 30 TRAIL EASEMENT N89°16'41"W AREA=707 SQ.FT. SCALE IN FEET (HCSAH NO. 144) S45°02'02"E46.30 6.00 141ST AVENUE NE L=15.40 R=19.00 Δ=46°27'05" N44°17'06"W40.09 N54°06'49"W 13.35 N45°42'54"E 23.77 25.82 6.00 N41°06'12"W S LINE OF LOT 2 2738(101=187)901-306A Project No. 2033-002 EXHIBIT - A SHEET 1 OF 1 TRUE POINT PREPARED FOR No. By Date Rev. LAND SURVEYING THE CITY OF ROGERS ROGERS, MINNESOTA Page 44 of 178 N00°40'57"E 14.75 12.74 E LINE OF LOT 2 17.17 17.32 N86°43'26"W OF LOT 2 N86°43'26"W SE CORNER N N89°19'03"W 0 15 30 S89°19'03"E 88.37 S LINE OF LOT 2 SCALE IN FEET S LINE OF THE SE 1/4, SEC. 11, T. 120, R. 23, HENNEPIN CO, MN N83°24'06"W 121.55 PERMANENT TRAIL EASEMENT AREA=2,286 SQ.FT. N83°29'53"W 122.96 EASEMENT (HCSAH NO. 144) 141ST AVENUE NE AREA=3,328 SQ.FT. TEMP. CONSTRUCTION S68°24'58"E 101.25 L=19.01 R=103.00 Δ=10°34'33" N66°08'39"W 41.28 N70°42'19"W 29.11 3.96 P.O.B. TRAIL EASEMENT N44°10'50"W 41.46 87.05 S77°46'27"W 49.13 12.93 S44°28'02"E 91.01 41.88 NW CORNER OF NW CORNER BLOCK 1 LOT 2, P.O.B. S00°23'17"W S10°06'19"E 56.12 114.54 W LINE OF LOT 2 STATE HIGHWAY NO. 101 PARCEL 2738(101=187)901-307A Project No. 2033-002 EXHIBIT - B SHEET 1 OF 1 TRUE POINT PREPARED FOR No. By Date Rev. LAND SURVEYING THE CITY OF ROGERS ROGERS, MINNESOTA Page 45 of 178 JAMES ROAD RIGHT OF WAY EASEMENT S00°40'57"W PER DOC. NO. A10015660 2.61 S45°54'00"W 12.93 N 0.68 35.18 S81°28'34"E 0 15 30 SCALE IN FEET S LINE OF LOT 3 40.20 S83°19'54"E N50°36'10"E S88°11'24"E 160.28 7.44 N89°19'03"W EASEMENT (HCSAH NO. 144) TEMP. CONSTRUCTION AREA = 3,560 SQ.FT. EASEMENT 141ST AVENUE NE PERMANENT TRAIL AREA = 2,582 SQ.FT. N89°19'03"W 212.82 S89°16'01"E 141.48 S LINE OF THE SE 1/4, SEC. 11, T. 120, R. 23, HENNEPIN CO, MN S89°15'28"E 61.75 W LINE OF LOT 3 SW CORNER OF LOT 3 P.O.B. 13.01 N00°40'57"E 16.05 2738(101=187)901-307A Project No. 2033-002 EXHIBIT - C SHEET 1 OF 1 TRUE POINT PREPARED FOR No. By Date Rev. LAND SURVEYING THE CITY OF ROGERS ROGERS, MINNESOTA Page 46 of 178 N 0 15 30 SCALE IN FEET SOUTH DIAMOND LAKE ROAD NE CORNER OF LOT 2 P.O.B. OF CENTERLINE IP CAP #23968 NW CORNER N LINE OF OF LOT 2 P.O.B. S89°14'14"E 294.25 LOT 2 N89°14'14"W 113.24 N04°14'10"E 181.01 3.86 193.01 N88°53'17"W 73.30 7 7 N67°19'33"W19.55 TEMP. CONSTRUCTION 19.33 EASEMENT S01°06'43"W 25.99 AREA = 1,015 SQ.FT. STATE HIGHWAY NO. 101 S01°06'43"W 14.44 21.96 N89°20'39"W W LINE OF N01°06'31"E LOT 2 CENTERLINE OF PERMANENT TRAIL EASEMENT AREA = 271 SQ.FT. N04°14'10"E 117.59 IP CAP #23968 2738(101=187)901-201D Project No. 2033-002 EXHIBIT - D SHEET 1 OF 1 TRUE POINT PREPARED FOR No. By Date Rev. LAND SURVEYING THE CITY OF ROGERS ROGERS, MINNESOTA Page 47 of 178 N SOUTH DIAMOND LAKE ROAD 0 10 20 SCALE IN FEET IP CAP #23968 N LINE OF STATE HIGHWAY NO. 101 LOT 2 N'RLY NE CORNER OF LOT 2 S89°16'57"E 149.96 P.O.B. 8.1715.97 6.64 P.O.B. OF CENTERLINE 4.5 S78°43'26"W 19.57 4.71 N38°09'58"E L=7.33 R=7.50 Δ=56°00'08" S78°43'26"W 4.5 9.55 NE LINE OF LOT 2 18.50 11.28 S03°57'45"E S44°50'17"E 81.27 14.28 CENTERLINE OF TEMP. CONSTRUCTION S22°43'18"W N00°31'44"W PERMANENT TRAIL EASEMENT 12.64 EASEMENT AREA = 604 SQ.FT. N67°16'42"W 13.88 AREA = 275 SQ.FT. S43°51'24"W IP CAP #23968 2738(101=187)901-204A Project No. 2033-002 EXHIBIT - E SHEET 1 OF 1 TRUE POINT PREPARED FOR No. By Date Rev. LAND SURVEYING THE CITY OF ROGERS ROGERS, MINNESOTA Page 48 of 178 PERMIT TO CONSTRUCT FOR GOVERNMENTAL ENTITIES C.S. 2738 (101=187) 901 Parcel 305 Dated: June 8, 2026 City of Rogers County of Hennepin The State of Minnesota, by its Commissioner of Transportation, has established and designated the route of Trunk Highway No. 101 in Hennepin County, Minnesota. It is necessary that the State of Minnesota use for highway purposes real property situated in Hennepin County, Minnesota, as shown on EXHIBIT “A” The undersigned, having an interest in the above-described real property, understand that they are not required to surrender possession of the property without just compensation and are not required to surrender lawfully occupied real property without at least 90 days notice. By this permit, the undersigned waive these rights and give the State of Minnesota an immediate right of entry and permit to construct, maintain and operate the trunk highway. By signing this Permit, the undersigned waives these rights and grants to the State of Minnesota the immediate right to enter the above-described property for drainage purposes. The State of Minnesota agrees to proceed as soon as possible to acquire the necessary right of way for said highway as provided by law. Name/Title Signature Date Name/Title Signature Date Page 49 of 178 Page 50 of 178 T1 T2 13.35 305°53'11" T2 25.82 318°53'48" T3 23.77 45°42'54" T4 46.30 134°57'58" T5 28.88 102°27'20" .80 42°33'40" UMUHMUHMH T6 28 LAYOUT SKETCH BY: KH T7 39.88 81°01'12" T8 32.33 60°28'57" 5 5 5 5 T9 9.46 124°00'51" UMH CSAH NO. 144 / 141ST AVE N F C.S. 2738(101=187)901 S.P. 2738-31 UMH UMH OWNER: City of Rogers UMH UMH UMH UMH NORTHDALE BLVD UMH Parent Tract New Right of Way (Fee) UMH Temporary Easement UMH UMH PAR 4 PERMANENT R/W EASEMENT PER UMH UUMMHHDOC# A10133368 PERMANENT R/W PER DOC# A10015660 UMH UMH UMH UMH H UMH UM Trail, Drainage and Utility UMH Easement Per Doc. A10015660 UPTOWN ROGERS 1 4 U P INDUSTRIAL 2 T 1 Drainage and Utility Easement Per Doc. A10015660 ADDITION O SECOND REMUS W 1 PARK N 1 UMH UMH CONTINENTAL 3 UMH R UMH 2 1 ROGERS O UMH 1 UMH G T.O. IN STREET UMH E R S PERMANENT R/WPERMANENT R/W PER DOC# A10015660PER DOC# A10015660 190' UMH 2 6 6 T3 0 0 W T2 3 ESTERLY LINE RW PER DOC NO. A-10472553 2 T1 T4 3 3 EXHIBIT "A" R T5 75.79' COUNTY: Hennepin D UMUHMH T6 1 0 A UMH T7 D UMH 1 NRW IN 0 D STREET T8 I B RS T T E UMH UMH G INT "A" 42. O PO 0 I Existing Highway Easement to be purchased in FEE 6 Existing Other Roads Easement to 9 be purchased in FEE L RO ' T WESTERLY LINE RW PERPermanent Easement O T DOC NO. A-10133368 U UMH B O N UMPHO N P T10 E P R W E W R D / UMH M O RA C N O # E T A 3 N 1 N T 5 0 0 T ER 5 1 P / 5 N W 2 A 6 7 P A6 R 0 4 D 4 U O U M 0 U C P R -1 P # E E P A R A E R A P A1 R 4 - M # 0 P 10 A C C C 01 D E 1 N 3 IT 5 O R 3 E O Y 6 C M 3 6 # A N R D O 0 A N 3 T F 1 E 6 PAR 4 PERMANENT R/W EASEMENT PER DOC# 4936777 A R 0 N 8 R R O 1 T / P 3 E G 3 R W E 3 / P R 68 W S UM &H UMH UMH UMH UMH UMH U 10 20 UMH 15 UMH UMH 55 PK 10 6 70 55 0 65 TRU 1 DATE: 06/08/2026 NK H 10 70 I 11 G 60 14 HW AY NO. 101 65 10 4 UMH UMH 65 65 30' UMH P 70 C ' 203' 15 UMH UMH UMH UMH UMH 1 UMH UMH .88' 0 UMH 41 110' PARCEL NUMBER: 305 UMH 19 UMH ' UMH UMH POB D O UMHUMH P C A R # A 1 1 6 W0 F 0 T / P 0 E 1 R R 5 6 M 6 T A UMH 0 OUTLOT A NN ' UMH E 10 EN T N UMH R 6 A/ W 4 8 MP E 2 COMMERCE RR 9 UMH PE 02 COMMERCE 1 ADDITION 0 - ADDITION P 1 A T5 A R # 5 UMH A C 55' R P O 5 D P E A ' UMH X L PLAZA L TE E UMH T4 S N L OUTLOT A D L OUTLOT A E IN D E NRW IN EASTERLY LINE RW PER A PLAZA UMH M DOC NO. A-10292846 STREET T3 E 2 A G N UMH D UMH E MARKETPLACE Y E PERMANENT EASEMENT FOR UTILTIY PURPOSES PER DOC. A-6859002 A TRAIL EASEMENT PER E DOC# S S L T P O A-9057189 A R UMH L T 6 I P N E 2 A R E M A N E D 1 N 4.75' T2 T T 101 R A D D I L , D T1 R A 140TH CT N I I N 1 A 2 G E Existing Access Control T & Existing R/W Line New Location of Access Control T1 New R/W Line Temporary Easement Proposed Construction U T I L E T I I Y W E A S L 16.0 E O E 5' O M E S N T T T UMH P 3 N E L R I T D T.O. IN STREET O N C # E A 1 0 0 O 1 5 1 6 6 0 450' A 3 UMH F T2 TRAIL TRAILEASEMENT EASEMENT PER PER I DOC# DOC# A-9057189 A-9057189 T3 7 7 0 0 UMH L UMH T4 2 UMH UMH RLS UMH PERMANENT EASEMENT FOR PAR 6 PERMANENT R/W EASEMENT PER DC # UTILTIY PURPOSES UMHT5 PER DOC. A-6859003 UMH UMHUMH A10015660 1 UMH UMH 2.93' T6 UMH PAR 11 R/W EASEMENT PER DOC# PAGE 1 OF 2 SCALE 1" = 250 ft. UMH UMH UMH A10015660 UMH UMH ROGERS DR UMH UMH UMH UMH UMH UMH PAR 7 PERMANENT R/W EASEMENT PER DC # UMH PAR 13 PERMANENT R/W EASEMENT PER DC # A10015660 UMH UMH UMH A10015660 UMH PAR 7 PERMANENT TRAIL, DRAINAGE, & UTILITYEASEMENT PER DC # A10015660 ? ELECTRICALELECTRICAL EASEMENTEASEMENT PER PER DOC# DOC#A-4917387 A-4917387 INDUSTRIAL ? ROGERS ADDITION NORTH OUTLOT A ASGUARD 1 PARK ? TRACT C EXHIBIT "A" C.S. 2738(101=187)901 S.P. 2738-31 COUNTY: Hennepin PARCEL NUMBER: 305 PAGE 2 OF 2 OWNER: City of Rogers SCALE 1" = 60 ft. Existing Highway Easement to Existing Access Control Parent Tract be purchased in FEE Existing R/W Line New Location of Access Control Existing Other Roads Easement to New Right of Way (Fee) be purchased in FEE New R/W Line Temporary Easement Temporary Easement Permanent Easement Proposed Construction 0 1 1 5 0 1 1 UMH . ' O 3 N 0 2 Y A W H G I H COMMERCE K N PLAZA ADDN U R ' T 0 3 ' 5 5 PARCEL 305 1650 SF 5 5 OUTLOT A 5 5 LAYOUT SKETCH BY: KH DATE: 06/08/2026 Page 51 of 178 PERMIT TO CONSTRUCT FOR GOVERNMENTAL ENTITIES C.S. 2738 (101=187) 901 Parcel 305C Dated: June 8, 2026 City of Rogers County of Hennepin The State of Minnesota, by its Commissioner of Transportation, has established and designated the route of Trunk Highway No. 101 in Hennepin County, Minnesota. It is necessary that the State of Minnesota use for highway purposes real property situated in Hennepin County, Minnesota, as shown on EXHIBIT “A” The undersigned, having an interest in the above-described real property, understand that they are not required to surrender possession of the property without just compensation and are not required to surrender lawfully occupied real property without at least 90 days notice. By this permit, the undersigned waive these rights and give the State of Minnesota an immediate right of entry and permit to construct, maintain and operate the trunk highway. By signing this Permit, the undersigned waives these rights and grants to the State of Minnesota the immediate right to enter the above-described property for drainage purposes. The State of Minnesota agrees to proceed as soon as possible to acquire the necessary right of way for said highway as provided by law. Name/Title Signature Date Name/Title Signature Date Page 52 of 178 EXHIBIT "A" C.S. 2738(101=187)901 PARCEL NUMBER: 305C PAGE 1 OF 1 S.P. 2738-31 COUNTY: Hennepin SCALE 1" = 60 ft. OWNER: City of Rogers Existing Access Control Existing Highway Easement to Existing R/W Line Parent Tract be purchased in FEE New Location of Access Control Existing Other Roads Easement to New Right of Way (Fee) New R/W Line be purchased in FEE Temporary Easement Permanent Easement Proposed Construction Temporary Easement TRAIL EASEMENT PER DOC# A-9057189 UMH UMH UMH UMH UMH UMH 10 ' 65 5 0 . ' UMH 6 5 1 7 . 4 1 UMH UMH SGL CSAHUMH #144 / 141ST AVE N 65 STREET NRW IN NRW UMH T.O. IN STREET UMH UMH UMH UMH UMH UMH PAR 6 PERMANENT TRAIL, DRAINAGE & UTILTIY EASEMENT PER DOC# A10015660 ' E 5 N 5 I L ' L D 9 E E 1 L D L N A E R T A X P E UMH M AN UMH ' D 0 YS 1 PARCEL 305C 1 AD 9775 SF DI TIO OUTLOT A N 65 1 1 0 ' 1 0 . 1 ' O 0 7 N Y A W H G I UMH H K N U R T 5 1 DATE: 06/08/2026 LAYOUT SKETCH BY: KH Page 53 of 178 Page 54 of 178 LAYOUT SKETCH BY: KH BY: SKETCH LAYOUT UMH UMH RIGHT OF WAY PARCEL LAYOUT PARCEL WAY OF RIGHT UN AVE M 141ST / #144 CSAH H OWNER: City of Rogers Rogers of City OWNER: S.P. 2738-31 2738-31 S.P. T.O. IN STREET IN T.O. UMH 2738(101=187)901 C.S. UMH Temporary Easement Temporary New Right of Way (Fee) (Fee) Way of Right New Parent Tract Parent PER DOC# A10015660 DOC# PER PERMANENT R/W R/W PERMANENT 190' 6 6 0 0 NORTH 101 BUSINESS 101 NORTH 1 WESTERLY LINE RW PER RW LINE WESTERLY PARK 2ND ADDN 2ND PARK DOC NO. A-10133368 NO. DOC COUNTY: Hennepin Hennepin COUNTY: T.E. BY PERMIT BY T.E. BLOCK 1 BLOCK 1 Permanent Easement Permanent be purchased in FEE in purchased be Existing Other Roads Easement to Easement Roads Other Existing be purchased in FEE in purchased be Existing Highway Easement to Easement Highway Existing UMH 0 LOT 2 LOT UMH 1 NRW IN 0 DATE: 05/19/2026 DATE: STREET UMH UMH UMH UMH /W 306 NUMBER: PARCEL R T 3 UMH EN 55 N 2 A 47 M 0 P R 1 AR - U D E U P # A OC 4 P C C # E 3 A R R O -1 M A D 01 AN P ER 33 E DOC# 4936777 DOC# EASEMENT PER PER EASEMENT P R/W PERMANENT 4 PAR 3 N 68 T R /W UMH Proposed Construction Proposed Temporary Easement Temporary New R/W Line R/W New New Location of Access Control Access of Location New Existing R/W Line R/W Existing Existing Access Control Access Existing UMH UMH UMH UMH UMH U UMH UMH SCALE 1" = 65 ft. 65 = 1" SCALE PAGE 1 OF 1 1 OF 1 PAGE UMH PK 10 TRUNK HIGHW AY NO. 101 70 RIGHT OF WAY PARCEL LAYOUT C.S. 2738(101=187)901 S.P. 2738-31 COUNTY: Hennepin PARCEL NUMBER: 307 PAGE 1 OF 1 OWNER: City of Rogers SCALE 1" = 50 ft. Existing Highway Easement to Existing Access Control Parent Tract be purchased in FEE Existing R/W Line New Location of Access Control Existing Other Roads Easement to New Right of Way (Fee) be purchased in FEE New R/W Line Temporary Easement Temporary Easement Permanent Easement Proposed Construction 1 0 101 1 . O MARKETPLACE N Y A BLOCK 1 W EASTERLY LINE RW PER H DOC NO. A-10292846 G I LOT 1 H 1 0 K N U R T P P A E R T.E. BY PERMIT R 1 0 D O P E C R # M A A -1 N 0 E 2 N 9 2 T 8 R 4 / 6 WUMH PERMANENT EASEMENT FOR UTILTIY PURPOSES PER DOC. A-6859002 UMH UMH UMH TRAIL EASEMENT PER UMH DOC# A-9057189 UMH UMH UMH 10 UMH 65 UMH UMH UMH SGL CSAH #144UMH / 141ST AVE N 65 UMH UMH UMH UMH UMH UMH UMH LAYOUT SKETCH BY: KH DATE: 05/19/2026 Page 55 of 178 Page 56 of 178 LAYOUT SKETCH BY: KH BY: SKETCH LAYOUT UMH UMH UMH LAYOUT PARCEL WAY OF RIGHT UN AVE M 141ST / #144 CSAH H OWNER: City of Rogers Rogers of City OWNER: S.P. 2738-31 2738-31 S.P. C.S. 2738(101=187)901 C.S. T.O. IN STREET IN T.O. UMH Temporary Easement Temporary New Right of Way (Fee) (Fee) Way of Right New Parent Tract Parent 190' 2 6 6 0 0 3 WESTERLY LINE RW PER RW LINE WESTERLY U DOC NO. A-10472553 NO. DOC P 3 T COUNTY: Hennepin Hennepin COUNTY: B R O L O UMUHMH D C W Easement Permanent be purchased in FEE in purchased be Existing Other Roads Easement to Easement Roads Other Existing be purchased in FEE in purchased be Existing Highway Easement to Easement Highway Existing 1 K 0 UMH 1 A N UMH 1 D 0 DATE: 05/19/2026 DATE: R D S O B NRW IN N ER T UMH STREET G G UMH LO O E UT R R O N UMH W UMH 403C NUMBER: PARCEL S O P P A UMH E R R T 3 D P C O P C U E # R U A M U - A 1 N 0 4 E 7 N 2 T 5 5 R 3 / 4936777 DOC# EASEMENT PER PER EASEMENT PAR 4 PERMANENT R/W R/W PERMANENT 4 PAR W Construction Proposed Temporary Easement Temporary New R/W Line R/W New New Location of Access Control Access of Location New Existing R/W Line R/W Existing Existing Access Control Access Existing UMH UMH UMH UMH U SCALE 1" = 65 ft. 65 = 1" SCALE PAGE 1 OF 1 1 OF 1 PAGE UMH PK TRUNK HIGHW AY NO. 101 10 65Page 57 of 178Page 58 of 178Page 59 of 178Page 60 of 178Page 61 of 178Page 62 of 178 STAFF REPORT Meeting Date: July 28, 2026 ROGERS CITY COUNCIL Agenda Item: 5.7 Subject: Approval of a Drainage and Utility, Trail, Sidewalk, and Signage Easement for Lots 1–2, Block 1, Asguard Addition Prepared By: Brett Angell, Community Development Director Recommended Council Action Motion to approve the drainage and utility, trail, sidewalk, and signage easement over portions of Lots 1-2, Block 1, Asguard Addition. Overview / Background / Analysis In 2022, the City of Rogers approved development plans for a three-phase development named Asguard. Phase 1 of the development included the construction of a new Broadway Pizza which has been completed and is operational. Phase 2 of the development includes the 91-unit market-rate apartment building with ground floor retail which is currently under construction. Phase 3 of the development is the corner property where the previous Broadway Pizza was located, which will be redeveloped into a new use following the completion of phase 2. As part of the development of phase 2, the developer is installing a new right-turn lane into the shared private drive off of County Road 144, as required by Hennepin County. With the installation of the new turn lane, adjustments are required to the existing trail and easements that run along County Road 144.The proposed drainage and utility, trail, sidewalk, and signage easement as attached would establish the required trail easement area. The proposed easement extends over portions of Lot 1 (phase 3 of the development site) and Lot 2 (phase 2 of the development site). An exhibit depicting the easement area is attached for reference. Staff Recommendation Staff recommend the approval of the drainage and utility, trail, sidewalk, and signage easement over portions of Lots 1-2, Block 1, Asguard Addition. Financial Impact: Not applicable. Source Fund: Not applicable. Budgeted? N/A Supporting Documentation A. DU & Trail Easement Document Asguard Page 63 of 178B. DU & Trail Easement Exhibit Page 64 of 178 DECLARATION OF PERMANENT DRAINAGE AND UTILITY, TRAIL, SIDEWALK, AND SIGNAGE EASEMENT THIS INSTRUMENT is made this 28th day of July, 2026, by Asguard Rogers, LLC, a Minnesota limited liability company, located at 7535 River Rd NE, Otsego, MN 55330 and Rogers Pizza, LLC, a Minnesota limited liability company, located at 7535 River Rd NE, Otsego, MN 55330 (collectively the “Grantor”), in favor of the City of Rogers, a Minnesota municipal corporation (“City” or “Grantee”). RECITALS A. Grantor is the owner of that certain real property in the City legally described in Exhibit A attached hereto (“Subject Property”). B. Grantor has agreed to grant a Permanent Drainage and Utility, Trail, Sidewalk, and Signage Easement (“Easement”) over across, under and through a portion of the Property (“Easement Area”), as legally described in Exhibit B attached hereto and as depicted in Exhibit C attached hereto, on the following terms and conditions. TERMS OF EASEMENT 1. Grant of Easement. Grantor does hereby grant onto Grantee, its successors and assigns, a permanent, non-exclusive, easement for public trail purposes over, across, under and through the Easement Area. 2. Scope of Easement. The Easement includes the right of Grantee, its contractors, agents, servants and assigns include the rights to enter upon the Easement Area at reasonable times to construct, reconstruct, inspect, repair, maintain and improve a public trail system, sidewalk, utilities, and signage over, across, under and through the Easement Area together with the right to grade, level, fill, drain and excavate the Easement Area, and further right 1 Page 65 of 178 to remove trees, bushes, undergrowth and other obstructions interfering with the location, construction and maintenance of the Easement. The Easement also includes the right of the Grantee, its contractors, agents, and employees to locate, relocate, construct, operate, maintain, alter, repair, and improve trail, sidewalk, utility, and signage facilities within the described Easement Area. As used herein, “trail and sidewalk purposes” is defined as the use of trail and sidewalk facilities for recreational purposes by pedestrians, non-motorized bicycles, public safety (police and fire) and public works vehicles, and electric-powered wheelchairs and small electric carts operated by physically disabled people. The use of trail and sidewalk facilities by snowmobiles, dirt bikes, motorcycles, all-terrain vehicles, or other motorized vehicles not expressly allowed herein or used to maintain the trail and sidewalk are not included within the scope of the easement granted herein and such uses are prohibited. Grantee may, but shall not be obligated to, impose such reasonable rules, regulations and ordinances governing the use of the Trail Easement as it deems appropriate and desirable. 3. Use of the Easement Area. Grantee, its officers, employees, agents, and contractors may operate motorized vehicles within the Easement Area as needed to construct, reconstruct, maintain, improve, or alter the trail, sidewalk, utilities, and signage. Grantor may use the Easement Area and may operate motorized vehicles on the trail in Grantor’s discretion for purposes of constructing the trail, sidewalk, signage, and utility facilities or other improvements related to the development of the land, provided such use does not unreasonably interfere with the use of the Easement Area for trail, sidewalk, and utility purposes and does not damage the trail, sidewalk or utilities or its related structures. 4. Non-Interference and Improvements. Grantor shall not construct any buildings, structures, or other improvements within the Easement Area except as is reasonably needed to accommodate its access to the Property and which do not unreasonably interfere with the use of the Easement Area for trail, sidewalk, signage, and drainage and utility purposes. Grantor shall have the right to continued access to roads, parking areas, and other improvements adjacent to the trail and shall have the right to enter upon the Easement Area for any lawful purpose provided there is no interference with the use, maintenance, and operation of the Easement Area for easement related purposes. 5. Recordation. Grantee shall, at its own cost, record this document in a timely fashion in the office of the Hennepin County Recorder and provide the Grantor a copy of the recorded document. 6. Entire Agreement. This document sets forth the entire agreement between the parties with respect to this easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the easement. 7. Prior Encumbrances. This easement is granted subject to all prior easements or encumbrances of record. 8. Warranty of Title. The Grantors warrant they are the owners of the Property and have the right, title and capacity to convey to the Grantee the easement herein. 2 Page 66 of 178 9. Environmental Matters. The Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants that may have existed on, or that relate to, the easement area or Property prior to the date of this instrument. 10. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, the Grantee, and their successors, and assigns. STATE DEED TAX DUE HEREON: NONE Dated this 28th day of July, 2026. [signature page follows] 3 Page 67 of 178 GRANTOR: ASGUARD ROGERS, LLC Casey Darkenwald Its STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _____ day of _______________ 2026, by Casey Darkenwald, XX, of Asguard Rogers, LLC, 7535 River Rd NE, Otsego, MN 55330, a limited liability company, on behalf of the corporation. ____________________________________ Notary Public 4 Page 68 of 178 GRANTOR: ROGERS PIZZA, LLC Casey Darkenwald Its STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _____ day of _______________ 2026, by Casey Darkenwald, XX, of Rogers Pizza, LLC, 7535 River Rd NE, Otsego, MN 55330, a limited liability company, on behalf of the corporation. ____________________________________ Notary Public THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered (MDT) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 5 Page 69 of 178 EXHIBIT A SUBJECT PROPERTY LEGAL DESCRIPTION Lots 1-2, Block 1, Asguard Addition, Hennepin County, Minnesota 6 Page 70 of 178 EXHIBIT B TRAIL EASEMENT AREA LEGAL DESCRIPTION A perpetual easement for drainage and utility, trail, sidewalk, and signage purposes over, under, and across that part of Lot 1 and Lot 2, Block 1, ASGUARD ADDITION, Hennepin County, Minnesota, according to the recorded plat thereof lying northerly of the following described line: Commencing at the northwest corner of said Lot 1; thence on an assumed bearing of North 84 degrees 59 minutes 18 seconds East, along the north line of said Lot 1, a distance of 26.28 feet; thence North 88 degrees 46 minutes 05 seconds East, along said north line, a distance of 6.29 feet to the point of beginning of said line to be described; thence South 78 degrees 56 minutes 47 seconds East a distance of 80.02 feet; thence North 88 degrees 54 minutes 25 seconds East a distance of 203.73 feet; thence easterly and northeasterly 40.71 feet on a tangential curve concave to the northwest, said curve having a radius of 112.00 feet and a central angle of 20 degrees 49 minutes 31 seconds; thence northeasterly 33.26 feet on a reverse curve concave to the southeast, said curve having a radius of 98.00 feet and a central angle of 19 degrees 26 minutes 44 seconds; thence North 87 degrees 55 minutes 06 seconds East, tangent to said reverse curve, a distance of 82.32 feet to the north line of said Lot 2 and there terminating. 7 Page 71 of 178 EXHIBIT C MAP OF TRAIL EASEMENT AREA 8 Page 72 of 178 DRAINAGE AND UTILITY, TRAIL, SIDEWALK, AND SIGNAGE EASEMENT EXHIBIT FOR: ASGUARD ACQUISITIONS, LLC. NORTH LINE OF LOT 2, BLOCK 1 POINT OF BEGINNING N88°46'05"E 358.83 S89°20'00"E 115.04 N84°59'18"E 352.54 84.06 26.30 N87°55'06"E 82.32 6.29 AREA = 1,302 SF S78°56'47"E 80.02 AREA = 3,851 SF L=33.26 R=98.00 Δ=19°26'44" N88°54'25"E 203.73 L=40.71 R=112.00 Δ=20°49'31" NORTH LINE OF LOT 1, BLOCK 1 POINT OF TERMINATION NORTHWEST CORNER OF LOT 1, BLOCK 1 TRAIL, DRAINAGE , AND UTILITY EASEMENT PER DOC. NO. 5123154 AND 5125450 EASEMENT DESCRIPTION A perpetual easement for drainage and utility, trail, sidewalk, and signage purposes over, under, and across that part of Lot 1 and Lot 2, Block 1, ASGUARD ADDITION, Hennepin County, Minnesota, according to the recorded plat thereof lying northerly of the following described line: Commencing at the northwest corner of said Lot 1; thence on an assumed bearing of North 84 degrees 59 minutes 18 seconds East, along the north line of said Lot 1, a distance of 26.28 feet; thence North 88 degrees 46 minutes 05 seconds East, along said north line, a distance of 6.29 feet to the point of beginning of said line to be described; thence South 78 degrees 56 minutes 47 seconds East a distance of 80.02 feet; thence North 88 degrees 54 minutes 25 seconds East a distance of 203.73 feet; thence easterly and northeasterly 40.71 feet on a tangential curve concave to the northwest, said curve having a radius of 112.00 feet and a central angle of 20 degrees 49 minutes 31 seconds; thence northeasterly 33.26 feet on a reverse curve concave to the southeast, said curve having a radius of 98.00 feet and a central angle of 19 degrees 26 minutes 44 seconds; thence North 87 degrees 55 minutes 06 seconds East, tangent to said reverse curve, a distance of 82.32 feet to the north line of said Lot 2 and there terminating. 105 South Fifth Avenue Suite 513 MAP LEGEND Minneapolis, MN 55401 NORTH From Site to Finish Web: landform.net PROPOSED EASEMENT LANDFORM 2026 0 50 Job No.: ASG20001 Drawing: ASG001 TRAIL EE By: TRK c Page 73 of 178 STAFF REPORT Meeting Date: July 28, 2026 ROGERS CITY COUNCIL Agenda Item: 5.8 Subject: Approval of Resolutions Decertifying Tax Increment Financing Districts No. 12, 14, and 15 • Resolution 2026-70 Decertifying TIF District No. 12 • Resolution 2026-71 Decertifying TIF District No. 14 • Resolution 2026-72 Decertifying TIF District No. 15 Prepared By: Brett Angell, Community Development Director, Bridget Bruska, Finance Director Recommended Council Action Motion to approve Resolution 2026-70 approving the decertification of tax increment financing district no. 12; and Motion to approve Resolution 2026-71 approving the decertification of tax increment financing district no. 14; and Motion to approve Resolution 2026-72 approving the decertification of tax increment financing district no. 15 Overview / Background / Analysis Beginning in the early 2000s, the City of Rogers created three housing tax increment financing (TIF) districts for the advancement of certain development projects within the community. Details related to each of the TIF districts can be found below under sections related to each district. Obligations of the TIF districts have been satisfied, and each district may now be decertified. Decertification of a TIF district is the official termination of the district. Once a district is decertified, the captured property value/taxes are added back to the standard tax base. Each of the decertifications as proposed comes before the maximum length of their districts and before the required decertifications. TIF District No. 12 — Meadow Trails Apartments (202 Housing) TIF District No. 12 was originally created in February 2002 for the development of Meadow Trails Apartments (near Word of Peace Lutheran Church). The first TIF payments were in 2005 with the anticipation the district would decertify in 2030. Total assistance granted for the project was $365,000, which was used towards land-costs, development costs, and a drainage pond for the 21-unit development.As a housing district, the units of assistance were required to meet defined affordability. Page 74 of 178TIF District No. 14 — Heritage Place (Sand Senior Housing) TIF District No. 14 was originally created in May 2004 for the development of Heritage Place at John Deere Lane/County Rd 81 (next to Guadalaraja Mexican Restaurant). The first TIF payments were in 2005 with the anticipation the district would decertify in 2030. Total assistance granted to the development at the time of creation was $575,000 for certain fees, utility improvements, and site improvements. The development is 75-units of senior housing. As a housing district, the units of assistance were required to meet defined affordability. TIF District No. 15 — Wellstead Senior Living TIF District No. 15 was originally created in June 2003 for the development of The Wellstead (20500 S Diamond Lake Rd). The first TIF payments were in 2004 with the anticipation the district would decertify in 2029. The total assistance granted was approximately $2,900,000 for site improvements and construction of a drainage pond. The assistance was for the development of 66 units of general assisted senior living and 48 units of dementia care assisted living. As a housing district, the units of assistance were required to meet defined affordability. Next Steps Following approval of the resolutions authorizing the decertification of the TIF districts, staff and Ehlers, the City's financial consultant, will submit the necessary items to Hennepin County to process the decertifications. The full tax base of each of the districts will be available for taxes payable in 2027 and will be distributed accordingly to all the property tax jurisdictions. This will lead to a positive increase in the city's general property tax revenues, as well as for the school district and county. With the district decertifications, each housing development would no longer be subject to income reporting or retaining affordable units, unless they are funded by another source which requires a percentage of the units to be affordable or retain affordability with 4(d) tax classification. It is not currently known if any of the housing developments plan to end offering affordable units. Other City Districts With the above-mentioned TIF districts being decertified, the City will only have three (3) open TIF districts. The Duffy Main Street District is a housing district. The Willis Trucking redevelopment TIF district. The Asguard redevelopment TIF district. The Fredrik apartments are a tax abatement development and is not included within this category. The current level or percentage of land within an active TIF district is the lowest level the city has seen in many decades. Staff Recommendation Staff recommend the approval of Resolutions 2026-70, 2026-71, and 2026-72 decertifying tax increment financing districts 12, 14, and 15. Financial Impact: It is anticipated that with Source Fund: Not applicable. the districts decertifying, the general Page 75 of 178property tax valuation added will be approximately $45,000 (city portion only) annually. Budgeted? N/A Supporting Documentation A. Resolution 2026-70 - Decertification of TIF 12 B. Resolution 2026-71 - Decertification of TIF 14 C. Resolution 2026-72 - Decertification of TIF 15 Page 76 of 178 CITY OF ROGERS COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION NO. 2026-70 RESOLUTION APPROVING THE DECERTIFICATION OF TAX INCREMENT FINANCING DISTRICT NO. 12 OF THE CITY OF ROGERS WHEREAS, on February 26, 2002 the City of Rogers (the "City") created its Tax Increment Financing District No. 12 ("District No. 12") within its Municipal Development District No. 1; and WHEREAS, Minnesota Statutes, Section 469.174 to 469.179 authorizes the City Council to decertify a tax increment financing district on any date after all bonds and other obligations have been satisfied; and WHEREAS, as of the date hereof all bonds and obligations to which tax increment from District No. 12 have been pledged have been paid in full; and WHEREAS, the City desires by this resolution to cause the decertification of District No. 12 after which all property taxes generated by property within the District will be distributed in the same manner as all other property taxes. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Rogers that the City Administrator shall take such action as is necessary to cause the County Auditor of Hennepin County to decertify District No. 12 as a tax increment district and to no longer remit tax increment from the District No. 12 to the City beginning for taxes payable in 2027. Moved by Councilmember ______________, seconded by Councilmember ______________ The following voted in favor of said resolution: The following voted against the same: The following abstained: Page 77 of 178Whereupon said resolution was declared duly passed and adopted and was signed by the Mayor and attested by the Clerk dated July 28th, 2026. ______________________________ Shannon Klick, Mayor ATTEST: ____________________________ Stacie Brown, City Clerk Page 78 of 178 CITY OF ROGERS COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION NO. 2026-71 RESOLUTION APPROVING THE DECERTIFICATION OF TAX INCREMENT FINANCING DISTRICT NO. 14 OF THE CITY OF ROGERS WHEREAS, on May 11, 2004 the City of Rogers (the "City") created its Tax Increment Financing District No. 14 ("District No. 14") within its Municipal Development District No. 1; and WHEREAS, Minnesota Statutes, Section 469.174 to 469.179 authorizes the City Council to decertify a tax increment financing district on any date after all bonds and other obligations have been satisfied; and WHEREAS, as of the date hereof all bonds and obligations to which tax increment from District No. 14 have been pledged have been paid in full; and WHEREAS, the City desires by this resolution to cause the decertification of District No. 14 after which all property taxes generated by property within the District will be distributed in the same manner as all other property taxes. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Rogers that the City Administrator shall take such action as is necessary to cause the County Auditor of Hennepin County to decertify District No. 14 as a tax increment district and to no longer remit tax increment from the District No. 14 to the City beginning for taxes payable in 2027. Moved by Councilmember ______________, seconded by Councilmember ______________ The following voted in favor of said resolution: The following voted against the same: The following abstained: Page 79 of 178Whereupon said resolution was declared duly passed and adopted and was signed by the Mayor and attested by the Clerk dated July 28th, 2026. ______________________________ Shannon Klick, Mayor ATTEST: ____________________________ Stacie Brown, City Clerk Page 80 of 178 CITY OF ROGERS COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION NO. 2026-72 RESOLUTION APPROVING THE DECERTIFICATION OF TAX INCREMENT FINANCING DISTRICT NO. 15 OF THE CITY OF ROGERS WHEREAS, on June 10, 2003 the City of Rogers (the "City") created its Tax Increment Financing District No. 15 ("District No. 15") within its Municipal Development District No. 1; and WHEREAS, Minnesota Statutes, Section 469.174 to 469.179 authorizes the City Council to decertify a tax increment financing district on any date after all bonds and other obligations have been satisfied; and WHEREAS, as of the date hereof all bonds and obligations to which tax increment from District No. 15 have been pledged have been paid in full; and WHEREAS, the City desires by this resolution to cause the decertification of District No. 15 after which all property taxes generated by property within the district will be distributed in the same manner as all other property taxes. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Rogers that the City Administrator shall take such action as is necessary to cause the County Auditor of Hennepin County to decertify District No. 15 as a tax increment district and to no longer remit tax increment from the District No. 15 to the City beginning for taxes payable in 2027. Moved by Councilmember ______________, seconded by Councilmember ______________ The following voted in favor of said resolution: The following voted against the same: The following abstained: Page 81 of 178Whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor and attested by the Clerk dated July 28th, 2026. ______________________________ Shannon Klick, Mayor ATTEST: ____________________________ Stacie Brown, City Clerk Page 82 of 178 STAFF REPORT Meeting Date: July 28, 2026 ROGERS CITY COUNCIL Agenda Item: 5.9 Subject: Approval of a Retail Cannabis Business Registration for JA Minny, LLC at 21753 S Diamond Lake Rd Prepared By: Brett Angell, Community Development Director Recommended Council Action Motion to approve a new cannabis retailer registration for JA Minny, LLC at 21753 S Diamond Lake Road with the following conditions: 1. Applicant receiving final license approval from the Minnesota Office of Cannabis Management for retail sales of cannabis; 2. Applicant shall be required to complete a preliminary compliance check with the City of Rogers as defined in City Code Section 22-XIV. Overview / Background / Analysis In 2023, the state legislature approved the Cannabis Law (Mn Statute 342) related to legalizing recreational cannabis and establishing the regulatory framework for the state's new cannabis industry. Following the passing of this law, the state created the Office of Cannabis Management (OCM) which was tasked with the implementation of creating the licensing process for the different business types and providing guidance to local municipalities related to local cannabis regulations. Over the course of the past several months, OCM has begun issuing pre-licenses to cannabis applicants. The pre- licensure allows potential businesses to secure locations, obtain any local approvals as necessary, and begin build-out of spaces. Full OCM licenses are not issued until the build-out of the space is completed. In November 2024, the City of Rogers passed ordinances 2024-06 and 2024-07 related to the zoning requirements and establishment of a local registration process for cannabis retailers. With the Rogers resolutions, it established the maximum allowable buffers from schools, daycare facilities, parks, and from other cannabis retail establishments. Additionally, the ordinances established a cap of no more than one (1) cannabis retailer per 12,500 residents (i.e. the maximum allowed number of cannabis retailers within Rogers is two (2)). The city received its first cannabis retail registration form application from JA Minny, LLC for the property located at 21753 S Diamond Lake Rd (former Los Mariachis/El Loro). The proposed location is outside all buffer requirements and is an allowed use per the zoning district standards related to cannabis uses. JA Minny, LLC has submitted proof of pre-licensing approval with OCM. The applicant has completed the interior Page 83 of 178build-out of the space and has received their certificate of occupancy. Following issuance of a local registration, the applicant will finish the licensing process with OCM. The company will be required to complete a preliminary compliance check prior to opening. With this registration, the existing city regulations only allow for up to one (1) more additional cannabis retailer. Staff Recommendation Staff recommends the approval of the cannabis retailer registration for JA Minny, LLC at 21753 S Diamond Lake Rd with conditions related to full OCM licensing approval and preliminary compliance inspection prior to opening. Financial Impact: Not applicable. Source Fund: Not applicable. Budgeted? N/A Supporting Documentation None Page 84 of 178 STAFF REPORT Meeting Date: July 28, 2026 ROGERS CITY COUNCIL Agenda Item: 5.10 Subject: Approval of Temporary On-Sale Liquor License for Mary Queen of Peace Catholic Church for September 26-27, 2026 Prepared By: Stacie Brown, City Clerk Recommended Council Action Motion to approve a Temporary On-Sale Liquor License application for Mary Queen of Peace Catholic Church for September 26-27, 2026. Overview / Background / Analysis Mary Queen of Peace Catholic Church has submitted a Temporary On-Sale Liquor License application for their annual Fall Festival, permitting liquor sales at their Parish Life Center located at 21304 Church Avenue on September 26-27, 2026 Staff Recommendation Motion to approve a Temporary On-Sale Liquor License application for Mary Queen of Peace Catholic Church for September 26-27, 2026. Financial Impact: Source Fund: Budgeted? N/A Supporting Documentation None Page 85 of 178 STAFF REPORT Meeting Date: July 28, 2026 ROGERS CITY COUNCIL Agenda Item: 5.11 Subject: Approval of Internet Service Provider Agreement with Arvig Prepared By: Jason Greninger, IS Director Recommended Council Action Staff recommends accepting Arvig proposal for internet service and directing staff to provide 60-day notice to Onenet to cancel fiber internet service. Overview / Background / Analysis The City’s agreement with Onenet for fiber internet service expires in September. Current internet speeds (200 Mbps upload and download) are insufficient to reliably serve all City buildings. The City currently pays $1,102.20 per month before taxes and fees. Staff requested proposals from Onenet and Arvig for upgraded fiber service at 1 gigabit, which has become the standard for both personal and business use. Onenet Proposal: • 36-month term, including service at the current Police Department and relocation to the new City campus • Monthly cost: $960 Arvig Proposal: • 36-month term, including service at the current Police Department and relocation to the new City campus • Monthly cost: $790 • Redundant circuit for an additional $350 per month Staff Recommendation Staff recommends switching to the lower cost Arvig and adding the optional redundant circuit. The redundant circuit improves continuity of service; if the primary fiber line is damaged, internet traffic will automatically route through the secondary connection. This connection is critical for Police operations, which rely on multiple secure, uninterrupted connections. The recommended service results in a monthly increase of $37.80. The upgraded speed is expected to meet City needs for the next three years and provides capacity to support potential cable TV services for the new campus and other City buildings. Page 86 of 178The current Onenet agreement requires a 60-day written notice for cancellation. Staff requests authorization to issue this notice. Financial Impact: Source Fund: Budgeted? Yes Supporting Documentation A. Arvig-Proposal B. Onenet-Proposal Page 87 of 178Network Services Agreement Order Information Contracting Entity City of Rogers Billing Account Account Number Contact Jasoon Greninger Phone 763.428.0917 Email: jgreninger@rogersmn.gov Arvig Rep. Ross Carter Phone 952.236.5646 Email: ross.carter@arvig.com Service Details Details Product Details Protection Details NA Order Type Category Core-Network Fiber Path Diversity New Renewal Internet/ethernet Yes No Service Term 12 months Bandwidth Special Routing Required 1GB/100Mb Yes No Service Order Component(s) Address 1 21860 Industrial Ct Address 2 Rogers, MN 55374 Type: Internet Type: Term: 12 months Term: Port Speed: 10Gb Port Speed: Bandwidth: 1GB Internet Bandwidth: Lateral: Lateral: Handoff: Handoff: CFA Provided By: CFA Provided By: Pricing Product: Dedicated Internet Service Item Description: Internet Service Quantity: 1GB MRC Amount: $ 750.00 NRC Amount: $ - Product: Static IP addresses Service Item Description: Static IP's Quantity: 13 usable MRC Amount: $ 40.00 NRC Amount: $ - Product: Dedicated Internet Service Item Description: Internet Service Quantity: 1GB MRC Amount: $ 350.00 NRC Amount: $0 Order Notes Dedicated internet 1Gb to the City with 13 usable IP's and a secondary redundant 1Gb Internet circuit. Signatures Signature Signature Arvig Customer - Printed Name Printed Name Date Date Title Title Terms and Conditions I agree to keep the Network Services I have selected above from Arvig as stated in the terms and conditions of the Service Level Agreement and Master Service Agreement. If I discontinue service prior to when my agreement ends I understand that I will be billed the early termination fee. Monthly rate available for customers who sign agreement to keep service for such time period. Customers who terminate service or who are disconnected for non-pay, prior to fulfilling agreement, will be charged all remaining recurring charges that would have been due to the company under the terms of the agreement. All basic terms and conditions apply. Taxes and fees are in addition to the monthly rate. Page 88 of 178Network Services Agreement Order Information Contracting Entity City of Rogers Billing Account Account Number Contact Jasoon Greninger Phone 763.428.0917 Email: jgreninger@rogersmn.gov Arvig Rep. Ross Carter Phone 952.236.5646 Email: ross.carter@arvig.com Service Details Details Product Details Protection Details NA Order Type Category Core-Network Fiber Path Diversity New Renewal Internet Yes No Service Term 24 months Bandwidth Special Routing Required 2 circuits - 1GB ea. Yes No Service Order Component(s) Address 1 Lat: 45.191537 long:-93.554037 Address 2 Rogers, MN 55374 Type: Internet Type: Term: 24 months Term: Port Speed: 10Gb Port Speed: Bandwidth: 1GB Internet (2) Bandwidth: Lateral: Lateral: Handoff: Handoff: CFA Provided By: CFA Provided By: Pricing Product: Dedicated Internet Service Item Description: Internet Service Quantity: 1GB MRC Amount: $ 750.00 NRC Amount: $ - Product: Static IP addresses Service Item Description: Static IP's Quantity: 13 usable MRC Amount: $ 40.00 NRC Amount: $ - Product: Dedicated Internet Service Item Description: Internet Service Quantity: 1GB MRC Amount: $ 350.00 NRC Amount: $0 Order Notes Dedicated internet 1Gb 2 circuits. North Circuit will be primary @$750/mo. and SW circuit will be secondary diverse @ $350/mo The city will provide conduit ffrom the new building with HH's for Arvig to run our service in at the North and SW points. Signatures Signature Signature Arvig Customer - Printed Name Printed Name Date Date Title Title Terms and Conditions I agree to keep the Network Services I have selected above from Arvig as stated in the terms and conditions of the Service Level Agreement and Master Service Agreement. If I discontinue service prior to when my agreement ends I understand that I will be billed the early termination fee. Monthly rate available for customers who sign agreement to keep service for such time period. Customers who terminate service or who are disconnected for non-pay, prior to fulfilling agreement, will be charged all remaining recurring charges that would have been due to the company under the terms of the agreement. All basic terms and conditions apply. Taxes and fees are in addition to the monthly rate. Page 89 of 178 ARVIG® MASTER SERVICE AGREEMENT Business Services This Master Service Agreement (hereinafter “Agreement” or “MSA”), is made on the _21st day of _July__, 2026_, by and between Arvig Enterprises, Inc. (hereinafter “Arvig®”) and _The City of Rogers Minnesota (hereinafter “Customer” and collectively as “parties”). Arvig agrees to provide to Customer (subject to availability and adequacy of underlying service) and Customer agrees to procure from Arvig the Service(s) (hereinafter (“Service(s)”) as described and at the locations set forth in attachments, addenda, and herein. This Master Service Agreement, the Service Agreement(s), (hereafter “SA”), (hereinafter collectively “Agreements") the policies and procedures found on Arvig’s website: arvig.com, and any filed tariffs, price lists, and schedules all collectively comprise the entire agreement between the parties for the Service(s). Effective Date. This Agreement is fully binding and enforceable as of the date the Agreement is signed by both parties (hereinafter “Effective Date”). Term. The term of this Agreement (hereinafter “Service Term”) is for the number of months set forth on the Service Agreement(s). The Service Term commences upon activation of the Service(s) by Arvig (“Activation Date”) or the Effective Date annotated in the Service Agreement(s) whichever shall occur first. Rates, Charges, Billing, and Payment. Customer shall pay all charges specified in Agreements. Billing shall commence upon Arvig’s first regular billing cycle to occur following the commencement of the term identified herein. Recurring and non-recurring charges. Monthly Recurring Charges (hereinafter “MRC”) shall be billed in advance each month. Non-Recurring Charges (hereinafter “NRC”) shall be billed on the first invoice after the Activation Date. If the NRC are incurred after the Activation Date or are usage based, such charges shall be billed on the first invoice thereafter. Payments are due on the Payment Due by Date set forth on the Arvig invoice. Customer must provide payment in full by Payment Due By date. If Customer believes it has been billed in error or otherwise disputes a charge, Customer must notify Arvig within 90 days of the date of the invoice containing the disputed charge. Customer’s notice must specifically detail the dispute and provide supporting documentation pertaining to the amount in dispute. Arvig shall promptly investigate and notify Customer of the results of its investigation. Arvig shall then notify Customer of Arvig’s determination regarding the investigation. Late Fees. Arvig may assess a late fee of $2.00 per service account or 1.5% of the balance due, whichever is greater (not to exceed the maximum rate allowed under state law) on any undisputed balances not paid when due, or on any disputed balances determined by Arvig to be due. Late fees may be assessed, as of the original Due by Date, against any disputed amount denied by Arvig. Arvig has the option to suspend Services and/or to pursue any and all other legal remedies until payment is made. Termination of Service(s) may follow. Customer shall pay any and all costs incurred in collection of rates and charges due and payable, including reasonable attorney’s fees and all collection agency costs, whether or not a suit is instituted. All payments hereunder shall be in U.S. currency. Additional Charges. Customer shall pay any charges, fees, assessments, or costs, incurred by Arvig, while installing equipment, or as a result of the provisioning of any Services to Customer. Additional charges shall be imposed by Arvig and paid by Customer for: ● hours of service provided by Arvig for matters other than those for which Arvig is responsible in connection with the Service, as described in the Service Agreement, ● original construction fees if customer terminates the service(s) or is disconnected for non-payment prior to fulfilling the original service agreement term, ● any changes to the scope of any project, or ● other specialized services requested by the Customer. Reactivation. To reactivate suspended Service, Customer must bring its account up to date through the month of reactivation by making payment in full of any outstanding balance, fees, and other applicable charges. Installation of Equipment. Customer represents that there are no legal, contractual, or other restrictions on the installation of Arvig equipment in the location(s) authorized by Customer. The parties expressly agree that it is the Customer’s responsibility to ensure compliance with all applicable building codes, zoning ordinances, covenants, conditions, and restrictions related to the ©Arvig 2023 Master Service Agreement - Business Page 1 of 6 Page 90 of 178Services, to pay any fees or other chargers, and to obtain any permits or authorizations necessary for the Service(s) (collectively “Legal Requirements”). In providing the Service(s), Arvig shall comply with applicable federal and state laws, rules, and regulations. Each party shall be solely responsible for any fines or similar charges for violation of any applicable Legal Requirements, or federal and state laws, rules, and regulations. Customer acknowledges and agrees that Arvig or its designated service provider shall be required to access Customer’s property or premises and systems or both to install and maintain the Service(s). Arvig shall be relieved of its performance obligations upon refusal of access by Customer. Customer shall also provide a suitable work area for Arvig personnel satisfactory to Arvig in Arvig’s sole and absolute discretion. Neither Arvig nor Arvig’s service provider shall have any liability, other than for gross negligence or intentional misconduct, for any losses resulting from installation, repair, or other services, including without limitation, damage to Customer’s premises, loss or corruption of software, data or other information from Customer’s computer or communications network and systems. Arvig shall use reasonable efforts to install the Service(s) on the date agreed upon by the parties. Arvig does not guarantee that Services will be installed or provided on Customer’s desired due date. Arvig reserves the right in its sole and absolute discretion, to reject any proposed service agreement. Equipment. Customer agrees that Arvig is acting only as a reseller or licensor of any hardware, software, and equipment (collectively, the “Equipment”) offered under this Agreement that was manufactured by a third party. Arvig shall have no responsibility or liability for any malfunction(s) or defect(s) of Equipment either sold, licensed, or provided by Arvig to or purchased directly by Customer and used in connection with the Service(s). Arvig shall make reasonable attempts to replace, repair, or correct any such malfunction(s) or defect(s) of equipment and to inform Customer of the same, the corrective procedure being implemented, and the costs to Customer of such corrective procedure. Any rights or remedies Customer may have regarding the ownership, licensing, performance, or compliance of the Equipment is limited to those rights extended to the Customer by the manufacturer or those rights extended to Arvig by the manufacturer and also assigned by Arvig to Customer, in connection with this Agreement. Arvig, or its duly authorized agent, may provide, install, maintain, repair, operate and control Arvig’s equipment (“Arvig Equipment”). Arvig’s Equipment shall remain the sole and exclusive property of Arvig, and nothing contained herein shall be construed so as to give, transfer, or convey to Customer, or any other person, any right, title or interest whatsoever in Arvig’s Equipment, notwithstanding that it may be, or become, attached to, or embedded in, realty owned, occupied, or leased by Customer or a third party. Customer shall not tamper with, remove, or conceal any identifying plates, tags, or labels identifying Arvig’s ownership interest in Arvig’s Equipment. Customer shall not adjust, align, repair, or attempt to repair, relocate, or remove Arvig’s Equipment, except as expressly authorized in writing prior thereto by Arvig. Customer shall be liable for any loss of or damage to Arvig’s Equipment caused by Customer’s negligence, intentional acts, or unauthorized maintenance and shall reimburse Arvig for the same, within thirty (30) days after receipt by Customer of a request for reimbursement. Customer at its sole cost and expense shall be required to obtain space and power to support Arvig Equipment for the Service(s) for the duration of the Service Term. Confidential Information. “Confidential Information”, as used in this Agreement, shall mean all information not a matter of public record including, but not limited to, real estate information, financial statements, financial information, reports, analyses, compilations, studies, forecasts, records, intellectual property, drawings, contacts, current and prospective customer lists, equipment, accounts receivable records, billing records, charges, fees and billing rates, forms, documents, plans, vendors, suppliers, customers, records, and any other non-public information disclosed. ● Customer is entitled to use any confidential information supplied by Arvig only in connection with Customer’s permitted use of the Service(s). Customer shall use Customer’s best efforts to protect and keep confidential all confidential information provided in any manner by Arvig to Customer, including but not limited to, by means of installation or possession of any Equipment. Customer shall not copy, alter, reverse-engineer, or tamper with such confidential information or to use it other than in connection with the Service(s). Customer shall not resell, transfer, export, or re-export any Equipment, or any technical data derived there from, in violation of any applicable Minnesota, United States or foreign law. ● Each party acknowledges its access to Confidential Information identified herein and agrees that such is proprietary information and a valuable trade secret, and that any disclosure or unauthorized use of that Confidential Information may cause irreparable harm, loss, and damage. Each party agrees to hold the Confidential Information in strict confidence and not to disclose, disseminate, or discuss any Confidential Information directly or indirectly under any circumstance with any third party and not to use any Confidential Information in any way not specifically authorized herein and to immediately return all Confidential Information received upon receipt of a request to do so. Neither party shall copy, transmit, reproduce, summarize, quote, or make commercial or other use whatsoever of the other party’s Confidential Information, except as may be necessary to perform its duties hereunder or as required by law without the express written consent of the other party. Each party shall exercise the highest degree of care in safeguarding the other party’s Confidential Information against loss, theft, or other inadvertent disclosure and take all steps necessary to maintain such ©Arvig 2023 Master Service Agreement - Business Page 2 of 6 Page 91 of 178 confidentiality. Notwithstanding the foregoing, the parties agree that Customer proprietary network information shall only be disclosed in accordance with Arvig’s policies and procedures and applicable laws and regulations. If either party is made aware that Confidential Information has been disclosed in an unauthorized manner, such party shall provide notice in writing to the other party consistent with paragraph 30 hereof of such unauthorized disclosure as soon as is commercially feasible, and in no event shall such notice be provided later than fifteen (15) days following the date on which such party is initially made aware of such unauthorized disclosure. Failure of a party who has been made aware of such unauthorized disclosure to provide notice to the other party of such an unauthorized disclosure shall constitute a material breach of this agreement and shall entitle the non- breaching party to terminate this agreement consistent with paragraph 22 hereof. Return of Equipment. Arvig equipment shall remain the sole and exclusive property of Arvig or Arvig’s assignee. Customer shall not tamper with, remove, or conceal any Arvig identifying plates, tags or labels. In the event that Arvig provides Equipment for use by Customer free of charge, or leases equipment to Customer, during the term of this Agreement, upon termination of this Agreement for any reason, Customer must return, at Customer’s cost, the Equipment to Arvig in the same condition as furnished to Customer, excepting normal wear and tear. Upon termination of the Service(s), Customer hereby expressly grants Arvig the right to recover any of its equipment from the premises within a reasonable timeframe or within the timeframe identified by Arvig in writing. If Customer fails to return the equipment, Arvig may invoice Customer for the then fair market value of such equipment. Such value shall be determined by Arvig in Arvig’s sole and absolute discretion. Modification of Service(s). Arvig may discontinue, add, or revise any or all aspects of the Service(s) including access to support services, publications and any other products or services ancillary to the Service(s), in Arvig’s sole and absolute discretion and with reasonable notice. Customer’s use of the Service(s) after the effective date of such changes or additions constitutes the Customer’s acceptance of such changes. Firm Order Commitment Date (“FOC Date”). Within five (5) business days of Order Acceptance for On-Net Services, Arvig shall notify Customer of the Firm Order Commitment date by which Arvig intends to activate the Service and turn it over for Customer’s use. For Off-Net Services, Arvig shall notify Customer of the FOC Date within two (2) business days after Arvig receives an installation date from its Third Party Provider. Customer may request a change to the FOC Date after Order Acceptance but no later than fifteen (15) business days before the FOC Date by providing advance written notice to Arvig, subject to the terms and conditions specified in the Master Service Agreement. Customer may submit a request to extend the FOC Date on one occasion per Order for a period up to a maximum of thirty (30) days from the original FOC Date. Customer shall be liable to Arvig for a one-time payment of Five Hundred Dollars ($500) for each request to change a FOC Date, plus any additional charges for Third Party Services incurred by Arvig in connection with the delayed FOC Date. Security. Customer agrees to take reasonable measures to protect the security of computers, networks, and communications equipment, including maintaining, at Customer’s cost, an up-to-date version of anti-virus and/or firewall software to protect said equipment from malicious code, programs, or other internal components (such as a computer virus, computer worm, bots, etc.). Customer expressly agrees that if any equipment connected to Arvig services becomes infected and causes any of the prohibited activities listed in the Business Internet Service Acceptable Use Policy, Arvig may immediately suspend Service(s) while Customer’s equipment is insufficiently protected to Arvig’s satisfaction in Arvig’s sole and absolute discretion. Customer shall continue to pay all charges, costs, fees, and other amounts due under this Agreement during such suspension. At all times, Customer is solely responsible for the security of any device(s) and equipment Customer chooses to connect to the Service(s) including any data stored or shared on that device. Taxes, Surcharges, and Assessments. Customer is responsible for payment of any and all federal, state, and local taxes, surcharges, assessments, costs, and charges. Arvig shall collect from Customer all such taxes, surcharges, assessments, costs, and charges unless Customer provides Arvig with proof of exemption. Customer shall indemnify Arvig for any and all taxes, surcharges, assessments, costs, and charges levied against Arvig relative to such exempt status. Arvig may charge, in Arvig’s sole and absolute discretion, and Customer shall pay all surcharges and assessments, which are not required by regulatory agencies, but which Arvig is permitted to charge to recover expenses. All such charges shall be set forth on a detailed invoice. Liens. Any lien shall be discharged by Customer within ten (10) days of the notice of filing. Failure to discharge any such lien is a material breach of this Agreement and may result in immediate termination. Services, Maintenance, And Upgrade of Facilities. Customer shall reimburse Arvig for all costs and expenses incurred in maintaining its facilities and equipment used to provide Service(s) as set forth in its policies and procedures as a result of work or service calls resulting from Customer’s intentional acts and negligence. In such event, Customer shall reimburse Arvig for the cost ©Arvig 2023 Master Service Agreement - Business Page 3 of 6 Page 92 of 178of the required maintenance at Arvig’s standard time and material rate plus any taxes imposed upon Arvig related to such maintenance. Planned Maintenance. Arvig reserves the right to interrupt Service(s) for planned maintenance, enhancements, upgrades, or emergency repairs to Arvig’s network with reasonable notice to Customer. Compatible Equipment. Customer shall provide equipment compatible with the Service(s) and Arvig’s network and facilities. Customer shall bear the costs of any additional equipment or apparatus reasonably required to be installed because of the use of Arvig’s network or facilities. Arvig shall not be responsible for any third-party costs related to configuration changes or troubleshooting of the Arvig provided service(s). Equipment and Access. Arvig reserves the right to substitute, change or rearrange any equipment used in delivering Service(s) that does not affect the quality, cost, or type of Service(s). Arvig shall manage its network in Arvig’s sole and absolute discretion. Customer shall provide all reasonable information, authorizations, and access required by Arvig for the purpose of installing equipment and Service(s), performing routine network grooming, maintenance, upgrades, and addressing emergencies. Service Interruption Credits. Arvig may determine, in Arvig’s sole and absolute discretion, to issue Customer credit, in accordance with the terms of the Service Schedule, when applicable, or on a case-by-case basis, when Arvig is the sole cause of such service interruption, and such interruption is not the result of either planned maintenance, planned enhancements, or upgrades. Such credit shall be based upon the ratio of the duration of the service interruption, measured from the time the interruption is reported to, or detected by Customer, whichever occurs first, to the total time in a 30-day month unless such credit amount shall be otherwise determined by the Service Agreement or Service Level Agreement in which case the Service Agreement or Service Level Agreement determination shall control. No Credit shall be owed for any interruption for reasons authorized hereunder or resulting from a Force Majeure event. Disclaimer. Except as specifically set forth in this agreement, Arvig makes no warranties, express or implied, under this agreement and specifically disclaims any warranty of merchantability or fitness for a particular purpose. The parties expressly agree that there are no other oral or written representations, warranties, or guarantees except those identified hereunder. Arvig does not warrant that the services will be uninterrupted or error-free. Limited Liability. Arvig’s liability and the exclusive remedy of Customer for claims of damages arising out of or related to the Service(s) or this agreement or both, shall be solely limited to an amount no greater than the amounts paid by Customer to Arvig during the month of the occurrence of any claim. In no event shall Arvig be liable to the Customer for loss of use, loss of income, loss of profits, loss of revenues, loss of savings, or harm to business or any other special, incidental, indirect, punitive, or consequential losses or damages, regardless of the foreseeability thereof. Warranties. Each Party represents to the other: ● That it is an entity, duly organized, validly existing and in good standing under the laws of the State of its origin, with all requisite power to enter into and perform its obligations under this Agreement in accordance with its terms; ● That, to its knowledge, neither its equipment nor facilities shall pose or create a hazard to the other’s Equipment, facilities, personnel, customers, or the public in general; ● That its use of the Service shall comply and conform with all applicable federal, state, and local laws, administrative and regulatory requirements, and any other authorities having jurisdiction over the subject matter of this Agreement, and it shall be responsible for applying for, obtaining, and maintaining all registrations and certifications which may be required by such authorities. Mutual Indemnification. To the extent permitted by law, Arvig and the Customer shall indemnify, hold harmless, and defend each other, its officers, parent, and/or affiliated companies, employees, agents and subcontractors from liabilities, claims, damages, and expenses whatsoever (including reasonable attorney’s fees) arising out of or in connection with Arvig and Customer’s use or Arvig and the Customer’s end-users or third parties’ resale or sharing of the Services or both. Arvig and the Customer indemnification obligations do not apply to claims for damages to real or tangible personal property or for bodily injury or death to the extent caused by either party due to their negligence, gross negligence or willful misconduct. Default And Termination. Unless otherwise provided by law, Customer shall, upon providing Arvig a notice of termination of Services, be responsible for payment from the Service End Date (date of disconnection) to the end of the 30-day-notice period. In the event of early termination, the early termination fee shall be calculated from the end of the 30-day-notice period until the expiration date of the current term. ©Arvig 2023 Master Service Agreement - Business Page 4 of 6 Page 93 of 178 ○ It is expressly agreed by the parties that Customer’s use of the Service(s) provided, and any equipment associated therewith shall not violate the provisions of any of Arvig’s policies and procedures, including Arvig’s Business Internet Service Acceptable Use Policy, which can be found at www.arvig.com and is incorporated herein by reference. Arvig may immediately suspend or terminate, without liability, the Services for any violation of this provision. Arvig reserves the right to revise the terms and provisions of all of its policies and procedures as it deems appropriate in its sole and absolute discretion, and this Agreement is subject to all such revisions. ○ Except as set forth above, if either party violates any provision of this Agreement the non-defaulting party may send the defaulting party written notice detailing the default. The defaulting party shall have: ■ 10 days from the date of the written notice to cure a payment default, or ■ 30 days from the date of the written notice to cure a non-payment default. ■ If the defaulting party fails to cure, the non-defaulting party may terminate this Agreement and any Services hereunder upon notice or pursue any and all other legal remedies. This Agreement also may be terminated by either party in accordance with the provisions of the then current tariff or price list. ○ If Customer terminates this Agreement or all or any part of the Service(s) at any time after the Effective Date, or If Arvig terminates this Agreement as a result of Customer’s breach, Arvig may charge Customer an early termination fee equal to and including any or all of the following: ■ 100% of the total MRC, surcharges and taxes for the Services Term then remaining, and ■ any unpaid activation, installation and/or special construction charges, and ■ reasonable attorneys’ fees, costs, and expenses incurred attempting to collect amounts due from Customer whether or not formal litigation is commenced, and ■ all other fees or costs, whether previously waived or not, less amounts already paid. ○ Customer shall not be liable for the early termination fees set forth above if Arvig breaches the Agreement, or if the Customer orders from Arvig services of equal or greater MRC than the Service(s) terminated, and the new services are ordered within 30 days of the termination and approved by Arvig. Customer acknowledges that Arvig’s damages for early termination would be difficult to determine and the termination charge(s) constitutes liquidated damages and are not intended as a penalty. All such amounts shall become immediately due and payable by Customer to Arvig. Business Customers. Customer shall be prohibited from reselling any Service(s), equipment, or products provided by Arvig to Customer, in whole or in part, directly or indirectly, in a bundled or unbundled manner or in any manner whatsoever. Customer hereby expressly warrants and guarantees that Customer will not resell any Service(s), equipment, or products provided by Arvig to Customer. Force Majeure. In the event that either party’s performance is delayed, prevented, or inhibited because of any Act of God, fire, casualty, delay or disruption in transportation, flood, war, strike, lockout, epidemic, pandemic, destruction or shut-down of facilities, shortage or curtailment, riot, insurrection, governmental acts or directives, or any cause beyond such party’s reasonable control, the party’s performance shall be excused and the time for the performance shall be extended for the period of delay or inability to perform resulting from such occurrence. The occurrence of such an event shall not constitute grounds for a declaration of default by either party hereunder. Equal Opportunity Clause. EEO and Notice of Labor Rights. Seller shall, to the extent they apply, abide by (1) the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a), which prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, or national origin and require affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status, or disability; (2) 29 CFR Part 471, Appendix A to Subpart A, and (3) E-Verify. Execution in Counterparts. This Agreement and any amendments or modifications hereto may be executed in a number of identical counterparts and may be signed electronically, or by facsimile. An electronically signed version of this agreement shall have the same binding effect as a “wet ink” original between the parties and under the applicable law. Remedies and Waiver. The various rights and remedies given to or reserved by either party herein or allowed by law, are cumulative, and the same shall continue in full force. No failure of either party to insist upon the performance of any provision, no failure to exercise any right granted hereunder, no delay or omission to exercise any of its rights shall not be construed as a waiver ©Arvig 2023 Master Service Agreement - Business Page 5 of 6 Page 94 of 178or any default or acquiescence of such provisions(s), nor shall the same be considered a condonement of any continuing or subsequent breach of the same provision. Both parties shall maintain any and all contractual, statutory, equitable, and legal remedies available hereunder or otherwise except as otherwise provided for hereunder. Merger and Modification. This Agreement, together with the attachments and addenda incorporated herein by reference, constitute the entire agreement between the parties with respect to the subject matter hereof, and supersedes any and all prior discussions, representations, negotiations, memoranda, or agreements whether oral or written, between the parties related hereto. No alteration, modification, or interpretation hereof shall be binding unless in writing and signed by both parties. Severability/Blue Pencil Doctrine. If any provision(s) hereof is held to be invalid, void, unreasonable, or unenforceable, by a court of competent jurisdiction, the remainder of the provisions shall nevertheless remain unimpaired and in effect and such objectionable provision(s) shall be deemed modified to the minimum extent necessary to make it valid, reasonable, or enforceable and the court shall hereby have the authority to modify such provision(s) to give maximum effect to the original meaning of the provision while modifying the provision(s) in the least substantive manner possible in order for the Court to no longer hold the provision(s) to be objectionable. Survival. All provisions prescribing representations, warranties, covenants, choice of forum, choice of law, severability, merger, modification, remedies, limited liability, indemnification, equipment, and confidentiality rights and obligations of the parties of this agreement and any provisions which otherwise by their terms prescribe a time period beyond the scope of the term of this agreement shall survive the termination of this Agreement and continue for a period not to exceed the relevant statute of limitations. Notices. All notices required hereunder shall be considered valid if in writing and made by personal delivery, United States First Class Mail, overnight delivery, certified mail, or by digital transmission with receipt verification and are effective as of the date of transmission. Notices shall be sent as follows: ● If to Customer: To the address(es) and contact information listed in the customer account ● If to Arvig, to Arvig’s COO, 150 Second Street SW, Perham, MN 56573. Assignment. Customer may not assign its rights or obligations hereunder without the prior written consent of Arvig. Arvig may assign its rights and obligations hereunder by providing Customer with notice of such assignment. Any attempt by Customer to so assign its interest shall be void and constitute a default under this agreement entitling Arvig to any and all remedies hereunder or at law. Choice of Forum, Choice of Law. This Agreement shall be construed, enforced, interpreted, and governed by and in accordance with the laws of the State of Minnesota. Any legal proceeding arising hereunder shall be commenced in the District Court of Otter Tail County, Minnesota. Joint Venture, Partnership, Third-Party Beneficiaries. Nothing in this Agreement is intended to, or shall be construed as creating a Partnership, Joint Venture, or any third-party beneficiaries. Time. Time is of the essence for all provisions of this Agreement. ARVIG ENTERPRISES, INC. CUSTOMER Signature: _____________________ Signature: _____________________ Name: _____________________ Name: _____________________ Title: _____________________ Title: _____________________ Date: _____________________ Date: _____________________ ©Arvig 2023 Master Service Agreement - Business Page 6 of 6 Page 95 of 178 ARVIG® SERVICE SCHEDULE (Service Level Agreement) ETHERNET & IP SERVICES This Arvig Service Schedule (Service Level Agreement) Ethernet and IP Services is subject to, and made a part of, the Arvig Master Service Agreement (“MSA”) entered into between the signed Parties on the MSA. Arvig owns and operates telecommunications facilities and is in the business of providing certain Ethernet services ("Ethernet Services") and Internet access services ("IP Services"). Capitalized terms not defined herein will have the meaning ascribed to them in the MSA. Our Service Level Agreement can also be found online at www.arvig.com. 1. DEFINITIONS. The following additional definitions shall apply to Ethernet and IP Services: 1.1 95th Percentile Calculation: the calculation method used to measure Bandwidth usage for Service Orders which specify Burst Bandwidth. Samples of average Bandwidth utilization rates of both inbound and outbound traffic from Customer port(s) are collected in five (5) minute intervals over a calendar month. The higher of such samples (Inbound or Outbound) are placed on a list and sorted from highest to lowest in amount of Mbps. The highest five percent (5%) of samples are discarded and the next highest sample is chosen to represent the 95th percentile calculation for that month. 1.2 Allocated MRC: means a portion of a Monthly Recurring Charge allocated by Service and/or each Customer Location (in the case of multipoint Service(s)) on a pro-rata basis; 1.3 Bandwidth: the amount of data (quantified as Mbps) made available to Customer as specified in a Service Order, or in the event of usage based billing, the amount of data transmitted by Customer’s Equipment. 1.4 Bandwidth Commitment: the Customer’s commitment, in a given month to pay for a certain level of Bandwidth. Customer agrees to pay the MRC specified on the Service Order as a minimum monthly charge regardless of actual usage. A Bandwidth Commitment must be specified on a Service Order to be applicable. 1.5 Burst Bandwidth: the amount of Bandwidth usage, based on the 95th Percentile Calculation, in excess of a Bandwidth Commitment. Any usage in excess of the Bandwidth Commitment will incur additional MRC based on the 95th Percentile Calculation. Burst Bandwidth must be specified on a Service Order to be applicable. 1.6 Costs: any applicable cancellation; termination or other charges from Third Party Providers, charges for make ready work, permitting and engineering fees, special construction charges and/or capital equipment costs 1.7 EPL: an Ethernet Private Line is a managed service providing a port-based, point-to-point Ethernet Virtual Connection between two UNI’s. Service Multiplexing is not supported. All Customer traffic is mapped to a single EVC. 1.8 EVC: an Ethernet Virtual Circuit. An EVC is a logical association between two or more UNIs, connecting two or more subscriber sites where the UNI is a standard Ethernet interface serving as the point of demarcation between the Customer Equipment and Arvig’s Network. 1.9 EVPL: an Ethernet Virtual Private Line (EVPL) is a logical association of two (or more) User Network Interfaces (UNIs) where one physical connection can support multiple virtual connections. EVPL supports Service Multiplexing at one or more UNI/NNI. 1.10 FXS: Foreign eXchange Subscriber (FXS) interface is the port that actually delivers the analog line to the subscriber. In other words it is the “plug on the wall” that delivers a dial tone, battery current and ring voltage. 1.11 G.711: G.711 is a high bit rate (64 Kbps) ITU standard codec. Using G.711 for VoIP will give the best voice quality. 1.12 G.729: G.729 is an ITU-T audio data compression standard that operates at 8 kbit/s. G.729 is commonly used in in Voice over IP (VoIP) applications because of its inherently low bandwidth requirement. 1.13 NNI: is the Network-to-Network Interface (NNI) is the physical interface used to interconnect to Arvig’s network. It provides the point of demarcation between two carriers’ networks. 1.14 On-Net: is any Service which connects two locations to which Arvig is already providing the same type of Service at the time of the Service Order and which is provisioned entirely on Arvig facilities and does not include any Third Party Services (as defined herein) or special construction. 1.15 Off-Net: is any Service which does not meet the definition of On-Net in Section 1.11. 1.16 Physical Interface: an Ethernet interface as defined by the IEEE 802.3 standard. Ethernet physical media types include 10BaseT, 100Base-T, 1000Base-SX/LX, and 10GBase-x. 1.17 PRI: Primary Rate Interface (PRI) provides a varying number of voice channels and consists of 23xB (B channels - bearer channels) and 1xD (D channel - delta channel) (23 64-kbit/s digital channels + 1 64-kbit/s signaling/control channel) on a T1 (1.544 Mbit/s). Arvig Service Schedule (Service Level Agreement) Ethernet and IP Services (Ver. 2014) Confidential and Proprietary 1 Page 96 of 178 1.18 Point of Demarcation: is the network interface point specified on a Service Order where Arvig hands off Service to Customer. Unless otherwise specified on the Service Order, the NNI and/or UNI interface ports will serve as the Point of Demarcation of the service. 1.19 Service Multiplexing: A UNI or NNI attribute that supports multiple simultaneous EVC instances across a single interface. 1.20 SIP: The Session Initiation Protocol (SIP) is a signaling communications protocol, widely used for controlling multi-media communication sessions such as voice and video calls over Internet Protocol (IP) networks. 1.21 SIP Trunk: Session Initiation Protocol (SIP) Trunking is the use of voice over IP (VoIP) to facilitate the connection of a private branch exchange (PBX) to Arvig’s telephone switch over IP networks. 1.22 T1/DS1: A 1.544 Mbps point-to-point, dedicated, digital circuit provided by Arvig. T1 lines are widely used for connecting an organization's PBX to Arvig or a local network (LAN) to an Internet provider (ISP). 1.23 T.38: T.38 is an ITU recommendation for allowing transmission of fax over IP networks in real time. 1.24 UNI: the User Network Interface (UNI) is the interface used to interconnect a customer to Arvig’s network. The UNI also provides a reference point for demarcation between Arvig and the Customer’s networks. Arvig is responsible for service up to the UNI point, which is the default Point of Demarcation. 1.25 VLAN: Virtual Local Area Network, a network configuration that allows a group of hosts to communicate as if they were attached to the same wire, regardless of their physical location configured using the IEEE 802.1Q standard. 2. ACCEPTABLE USE POLICY. All Ethernet and IP Services shall be subject to and conditioned upon Arvig’s Acceptable Use Policy published at www.arvig.com, (the “Website”) and are hereby incorporated into the Agreement. 3. ETHERNET SERVICE DESCRIPTION. Arvig Ethernet services provide dedicated or shared connectivity for transport of voice, data, video or other forms of communications traffic. The service provides Ethernet connections from an Arvig POP or Data Center/Collocation facility to one or more Customer locations. The service supports transmission speeds from 10Mbps up to 10Gbps. Service terminates at the NNI or UNI port(s) typically located in a Customer’s common telecommunications facility or meet-me point. Arvig’s Ethernet Services meet IEEE 802.3 standards and Arvig’s Ethernet services also use 802.1Q VLAN tagging and stacking to support certain configurations. In general, the service is based on terminology and attributes defined and used by the Metro Ethernet Forum (MEF). The service generally follows the MEF definition of EPL and EVPL network configurations. Ethernet services can be specified on any Service Order in any of the following configurations: 3.1 Ethernet Service Configurations: a) E-Line (Ethernet Virtual Private Line): a data service defined by the Metro Ethernet Forum, providing a point-to-point Ethernet connection between a pair of User–network interfaces (UNIs). b) E-LAN (Ethernet Virtual Private LAN): a multipoint-to-multipoint Ethernet Virtual Connection (EVC) defined by the Metro Ethernet Forum, providing a Ethernet connection between two or more User-network interfaces (UNIs). c) E-Tree (Ethernet Virtual Private Tree): a point-to-multipoint Ethernet Virtual Connection defined by the Metro Ethernet Forum, providing a Ethernet connection from one root User-network interface (UNI) to multiple remote UNIs, requiring all traffic to flow through the root UNI. d) DIA (Dedicated Internet Access): low latency, synchronous Internet access at a guaranteed bandwidth rate, directly to a User-network interface (UNI). 3.2 Optional Ethernet Features: a) Quality of Service: QoS enables Customer to prioritize traffic from multiple applications that may compete for the same network resources within the Ethernet service on the Arvig network. By assigning pre-determined levels of network priority to bandwidth, Customer can achieve a more predictable traffic flow across the Arvig network. Customer is solely responsible for its QoS configurations in accordance with Arvig’s available classes of network priority. With each ordered QoS class, Customer must order a separate Bandwidth Commitment across all the ports in the Service. 4. IP SERVICE DESCRIPTION. Arvig IP services include standard and Burstable IP services which provide dedicated connectivity and access to the public Internet via Arvig’s Tier 1 peering arrangements with various Internet network providers. Arvig IP services are provided over its high capacity, globally interconnected network with a single AS. IP Service is available as multiservice IP Ports up to 10Gbps bandwidth. The service provides internet connections from a Arvig point of presence or Data Center/Collocation facility to one or more On-net customer locations within a metropolitan area. IP Service can be specified on any Service Order in any of the following configurations: 4.1 IP Service Configurations a) DIA: Dedicated Internet Access. Extends IP transit out through Arvig’s metro footprint, End to end service – “IP to your door”. The default configuration is fiber extension (where available) and secondary configuration is Ethernet access (where available), or SONET access (last resort). Arvig Service Schedule (Service Level Agreement) Ethernet and IP Services (Ver. 2014) Confidential and Proprietary 2 Page 97 of 178 4.2 Optional IP Features: Customer may request related services such as additional IP Addresses, primary and secondary DNS, or BGP. 5. PROTECTION OPTIONS. Arvig Ethernet and IP Services are available with the following protection options: 5.1 Protected Services. Ethernet and IP Services which are protected shall mean any Service that includes a protection scheme that allows traffic to be re-routed in the event of a fiber cut or equipment failure. In order for a Service to be considered “Protected”, all seven Service Order Detail items must match the table below corresponding to the Service type. Ethernet IP Services Service Order Details Services Core-Network Fiber Path Yes Yes Diversity* Core-Network Protection* Yes Yes Diverse Laterals > 50 feet Yes Yes separation Handoff 2-fiber/Cat.5 2-fiber/Cat.5 Entrance Dual or Single Dual or Single Local Fiber Path Diversity* Yes Yes Local Network Protection* Yes Yes Example: A service is ordered with “Yes” for Core Network and Local Network Protection, but “no is selected for core-Network Fiber Path Diversity. If an outage occurs on the circuit, the Services shall be deemed an Unprotected Service. *Local Network Fiber Path Diversity indicates whether or not the ordered service will have a diverse physical fiber route within the local networks(s). Core Network Fiber Path Diversity indicates whether or not the ordered service will have a diverse physical fiber route within the core network. Local Network Protection indicates whether or not the ordered service has both a working and protection channel within the local network(s) which will be electronically switched in the event of a failure. Core Network Protection indicates whether or not the ordered service has both a working and protection channel within the core network which will be electronically switched in the event of a failure. Local network is defined as the network between an Arvig POP or on-net ILEC Central Office in a market and the originating or terminating location of the service. Core network is defined as the network between an Arvig POP or on-net ILEC Central Office and another Arvig POP or on-net ILEC Central Office. 5.2 Unprotected Services. Ethernet and IP Services that do not match all Service Order Detail items corresponding to the Service type listed in the table above shall be deemed “Unprotected”. 6. EQUIPMENT AND INSTALLATION. 6.1 Arvig Equipment. Arvig, or its agent, may provide, install, maintain, repair, operate and control Arvig’s equipment (“Arvig Equipment”). Arvig’s Equipment shall remain the sole and exclusive property of Arvig, and nothing contained herein shall give or convey to Customer, or any other person, any right, title or interest whatsoever in Arvig’s Equipment, notwithstanding that it may be, or become, attached to, or embedded in, realty. Customer shall not tamper with, remove or conceal any identifying plates, tags or labels identifying Arvig’s ownership interest in Arvig’s Equipment. Customer shall not adjust, align, and attempt to repair, relocate or remove Arvig’s Equipment, except as expressly authorized in writing by Arvig. Customer shall be liable for any loss of or damage to Arvig’s Equipment caused by Customer’s negligence, intentional acts, or unauthorized maintenance and shall reimburse Arvig for the same, within thirty (30) days after receipt by Customer of a request for reimbursement. Customer at its sole cost and expense shall be required to obtain space and power to support Arvig Equipment for the Service for the duration of the Service Term. 6.2 Access and Customer Premises Obligations. Customer, at its sole cost and expense, shall provide Arvig with access to all Customer locations for purposes of installation, maintenance, and repair of Arvig Equipment on Customer premises. For purposes of the preceding sentence, “access” shall include without limitation any necessary license(s) to access the building and or property for the duration of the Service Term. However, notwithstanding Customer’s responsibility, if Arvig is required by a third party to obtain and maintain any such license to access the building or property, Customer agrees to reimburse Arvig for its costs related to obtaining and maintaining such licenses during the Service Term. Arvig shall provide reasonable notice under the circumstances to Customer prior to entering Customer’s point of presence to install, maintain or repair any of the Arvig Equipment. Customer will provide a safe place to work and comply with all applicable laws regarding the working conditions on the Customer premises. 6.3 Customer Equipment. Customer is responsible, at its sole cost and expense, for connecting to the Point of Demarcation specified in the Service Order. Equipment and service beyond the Point of Demarcation and/or interconnection between Arvig’s facilities and terminal equipment and the wiring at the Point of Demarcation shall be the responsibility of Customer (“Customer Equipment”). Customer must procure and maintain, at its sole cost and expense, Customer Equipment which is technically compatible with the Service and the Arvig Network. Arvig shall have no obligation to install, maintain or repair any non-Arvig Equipment, including any Customer Equipment. If, on responding to a Customer initiated service call, Arvig reasonably determines that the cause of the service deficiency was a failure, malfunction or the inadequacy of equipment Arvig Service Schedule (Service Level Agreement) Ethernet and IP Services (Ver. 2014) Confidential and Proprietary 3 Page 98 of 178 other than Arvig’s Equipment, Customer shall compensate Arvig for actual time and materials expended during the service call. 7. SERVICE REQUESTS AND DELIVERY. 7.1 Acceptance and Projected Service Activation Date. Within five (5) business days of Arvig’s acknowledgment of a Service Order for On-Net Services, or within two (2) business days after Arvig’s receipt of its Off-Net provider’s projected service activation date for Off-Net Services, Arvig will notify Customer (in writing or electronically) of its acceptance of the Service Order (“Service Order Acceptance”). Arvig may accept or reject any submitted Service Order in its sole discretion. 7.2 Firm Order Commitment Date. Within five (5) business days of Service Order Acceptance for On-Net Services, Arvig shall notify Customer of the Firm Order Commitment date by which Arvig intends to activate the Service and turn it over for Customer’s use (“FOC Date”). For Off-Net Services, Arvig shall notify Customer of the FOC Date within two (2) business days after Arvig receives an installation date from its Third Party Provider. Customer may request a change to the FOC Date after Service Order Acceptance but no later than fifteen (15) business days before the FOC Date by providing advance written notice to Arvig, subject to the terms and conditions specified herein. Customer may submit a request to extend the FOC Date on one occasion per Service Order for a period up to a maximum of thirty (30) days from the original FOC Date. Customer shall be liable to Arvig for a one-time payment of Five Hundred Dollars ($500) for each request to change a FOC Date, plus any additional charges for Third Party Services incurred by Arvig in connection with the delayed FOC Date. 7.3 Service Activation. After Arvig has determined that the Service conforms to the relevant Service Specifications, Arvig will notify Customer that the Service is activated, meets the Service Specifications and is available for use by Customer (“Service Activation Notice”). The “Service Activation Date” shall be the earlier of (i) the date on which Customer begins using the Service for any purpose other than testing; or (ii) the date that Arvig has sent the Service Activation Notice to Customer. Customer shall have two (2) days in which to notify Arvig that it is rejecting the Service because the Service does not meet the Service Specifications. If Customer has notified Arvig within such two (2) day period that the Service does not meet the Service Specifications, then Arvig shall take such steps reasonably necessary to cause the Service to meet the Service Specifications, at which time Arvig shall issue a new Service Activation Notice and the acceptance process above shall be repeated. Customer’s failure or delay to test the Service or failure or delay to utilize the Service on or after the Service Activation Notice date shall not prevent Arvig from billing Customer for the Service. 7.4 Incrementally Delivered Services. If specified in a Service Order, Arvig and Customer may agree to incrementally deliver individual Services, when ready, which may result in different Service Activation Dates for such incrementally delivered Services. For multipoint Services, Arvig may incrementally deliver Service to each Customer Location when ready. The Service Term for incrementally delivered multipoint Services shall begin on the Service Activation Date of the first location and/or circuit delivered and shall end after the period specified as the Service Term from the Service Activation Date of the last location and/or circuit delivered. Unless otherwise set forth in a Service Order, any Bandwidth Commitment for an incrementally delivered service will be proportionally reduced to reflect the number of locations incrementally delivered out of the total number of locations included under such Bandwidth Commitment and Burst Bandwidth will be determined by using the level then in effect as of the last day of each calendar month. 8. SERVICE LEVEL OBJECTIVES Service Description Objective Measurement Service Outage Credit per Element Timeframe Affected Service Mean Time Time that Service remains 4 hours Per Incident 5% of MRC for each full 4-hour to Repair unrepaired due to a Service or 8-hour period, respectively (MTTR) Outage Ethernet Time that Service is available Standard One (1) Month 10% of MRC plus additional Service (i.e. unaffected by a Service and/or 25% MRC if Arvig fails to cure Availability Outage) Unprotected within 30 days = 99.99% Dedicated and/or Protected = 99.99% IP Service Time that Service is available 99.99% One (1) Month 10% of MRC plus additional Availability (i.e. unaffected by a Service 25% MRC if Arvig fails to cure Outage) within 30 days Loss Packet loss (occurring when one 99.99% One (1) Month Less than 3 None or more packets of data traveling hours Arvig Service Schedule (Service Level Agreement) Ethernet and IP Services (Ver. 2014) Confidential and Proprietary 4 Page 99 of 178 across the Arvig Network fail to Between 3 10% of MRC reach their destination based on and 6 hours of affected Arvig’s measurements) averaged circuit among pairs of core routers Between 7 20% of MRC within an Arvig Network region. and 10 of affected hours circuit More than 50% of MRC 10 hours of affected circuit Latency Average roundtrip time for 99.99% One (1) Month Less than 3 None packets to travel among pairs of hours core routers within a specified region, as measured by Arvig, Between 3 10% of MRC which exceed the following and 6 hours of affected values for a sustained period of circuit two (2) or more hours. Between 7 20% of MRC and 10 of affected hours circuit More than 50% of MRC 10 hours of affected circuit 8.1 LATENCY- Ethernet Frame Delay (referred to herein as “Latency”), as it relates to the Services, is defined by Arvig as the time elapsed from when the first bit of an Ethernet frame enters the ingress User Network Interface (UNI) to when the last bit of the same frame leaves the egress UNI. Latency shall be averaged on a monthly basis and the Service Level Objective for Latency above is applicable to Ethernet 8.2 LOSS- Ethernet Packet Loss Ratio (referred to herein as “Loss”), as it relates to the Services, is defined by Arvig as the percentage of Ethernet packets/frames that arrived successfully at an ingress UNI and should have been delivered to an egress UNI, but were not. Loss shall be averaged on a monthly basis and the Service Level Objective for Loss above is applicable to Ethernet frames that traverse a single Arvig Metro Ethernet Network and are “in-profile” (conform to the performance attributes of the Service). 9. SERVICE OUTAGES FOR ON-NET SERVICES. Arvig will issue Service Outage Credits to Customer for On-Net circuits affected by interruptions in Service, including service elements that fall below the guaranteed level (“Service Outage"); provided, that any such interruption or failure of a service element will not be deemed a Service Outage if Arvig’s network is unavailable as a result of: (a) any act or omission of the Customer or its End User Customers, or their representatives, contractors, agents, authorized invitees, successors or assigns; (b) the configuration, failure or malfunction of non-Arvig equipment or systems; (c) any interruption or failure of a service element caused by scheduled maintenance or planned enhancements or upgrades to Arvig's network; (d) Arvig not being given reasonable access to the premises; or (e) a Force Majeure Event. Each of the events described in this Section 9 (a), (b), (c), (d) and (e) shall be deemed an “Excused Outage.” 9.1 Service Outage Credit. As specified in the Service Level Objective above, in the event of a Service Outage not due to an Excused Outage, Customer shall be entitled to one of the service outage credits per the table in Section 8 herein (“Service Outage Credit”). For any multipoint Service, the Allocated MRC shall be used for purposes of calculating Service Outage Credit per the table in Section 8. For the purpose of measuring the Service Outage Credit, the duration of a Service Outage begins when Arvig records a trouble ticket number and ends when the Service is restored ("Service Outage Duration"). Service Outage Duration is applicable to specific affected circuits and shall not be aggregated among circuits for purposes of determining Service Outage Credit. In the event of multiple Service Element failures, the Service Outage Credits for each affected Service Element shall not be aggregated. Rather, the Service Outage Credit shall be the greater of any applicable individual Service Element credit shown on the table in Section 8. The maximum Service Outage Credit in a calendar month for any affected circuit shall not exceed 100% of the MRC for the affected circuit. 10. ISSUANCE OF CREDITS. In order to receive Service Outage Credit, Customer must (a) immediately report the Service Outage to the Arvig Network Operations Center at 877-566-0748, nocsupport@arvig.com, and open a trouble ticket, and (b) make a written request for a credit within seven (7) days following the end of the month in which the Service Outage occurred. Upon receipt of Customer’s request, Arvig will investigate the claim under the terms described in this Service Schedule. Credits will be granted only if Customer has afforded Arvig reasonable access to Customer's premises for appropriate repairs, maintenance, testing and Arvig Service Schedule (Service Level Agreement) Ethernet and IP Services (Ver. 2014) Confidential and Proprietary 5 Page 100 of 178 any other work in order to remedy the cause of the Service Outage. The issuance of credits pursuant to this Section is Arvig's sole obligation and Customer's sole remedy for any failure or non-performance of an Ethernet Service or IP Service under this Agreement. Service credits shall be deducted from the charges payable by Customer hereunder and shall be expressly indicated on the Customer invoice. 11. CHRONIC SERVICE OUTAGES. For Protected On-Net Services, if Customer experiences five (5) or more Service Outages on the same circuit each lasting more than sixty (60) minutes in any thirty (30) day period, and the Service Outages are not Excused Outages, Customer may terminate the impacted Services without any further liability to Arvig. For Unprotected On-Net Services, if Customer experiences five (5) or more Service Outages on the same circuit each lasting more than twelve (12) hours in any thirty (30) day period, and the Service Outages are not Excused Outages, Customer may terminate the impacted Services without any further liability to Arvig. In order to exercise a right to terminate under this Section 11, Customer must notify Arvig in writing that it is exercising its right under this Section 11 within thirty (30) days after the event giving rise to a right of termination. Customer shall be deemed to have waived its right to terminate under this Section 11 if it fails to provide the requisite notice of termination within such thirty (30) day period. 12. THIRD-PARTY SERVICES. If Customer orders Services which cannot be provided entirely on the Arvig network or otherwise require Arvig to obtain services from a third party (“Third Party Provider”) on behalf of Customer, including without limitation Off- Net Services (“Third Party Services”) and Arvig agrees to provide such Services, Arvig shall procure the required Third Party Services subject to the following, to which the Customer acknowledges and agrees: (a) the Third Party Services will be provided by a Third Party Provider; (b) the Third Party Services will function and perform in accordance with the service level obligations provided by the Third Party Provider to Arvig; (c) any rights, remedies, outage credits, or other service-specific terms that the Customer may have or be entitled to under this Service Schedule are limited to the same terms that Arvig has in place with the Third Party Provider; (d) the costs for the Third Party Service will be incorporated into the MRC and NRC set forth in the applicable Service Order; (e) if Arvig purchases Third Party Services pursuant to Third Party Provider’s applicable tariff, Customer is responsible for any additional charges imposed on Arvig pursuant to Third Party Provider’s applicable tariff; and (f) if the Customer cancels or terminates any Service which includes a Third Party Service prior to the conclusion of the Service Term or Service Renewal Term, then the Customer will pay any and all cancellation and/or early termination charges that Arvig actually incurs for the cancellation or termination of such Third Party Services, plus any charges remaining under this Agreement. Arvig Service Schedule (Service Level Agreement) Ethernet and IP Services (Ver. 2014) Confidential and Proprietary 6 Page 101 of 178 Phone: 952-960-1000 Email: daniel.hedstrom@onenetglobal.com Web: www.onenetglobal.com We have prepared a quote for you City of Rogers - Bandwidth Upgrade and 2027 Office Move Quote # DH012105 Version 2 Prepared for: City of Rogers Prepared by: Daniel Hedstrom 7250 Metro Blvd Suite 200 Edina, MN 55439 Page 102 of 178 Phone: 952-960-1000 Email: daniel.hedstrom@onenetglobal.com Web: www.onenetglobal.com Thursday, July 23, 2026 City of Rogers Jason Greninger 21860 Industrial Ct Rogers, MN 55374 jgreninger@rogersmn.gov Dear Jason, This agreement includes an upgrade of the existing 200x200 Mbps circuit to a 1 Gig service through September 2027. At that time, the current location at 21860 Industrial Ct will relocate to 21701 Industrial Blvd. Once the City of Rogers coordinates the move-in date with OneNet Global and the underlying carrier, we will install a new 1 Gig circuit at the new facility. This solution does not require BGP Internet service, routers, or ISRs on-site. Billing will not begin at the 21701 Industrial Blvd site until the new 1 Gig circuit is installed and the previous one is decommissioned. Thank you again for the opportunity to support your business and connectivity needs. We appreciate your continued partnership. Thanks, Daniel Hedstrom Account Manager OneNet Global Quote #DH012105 v2 PagePage: 103 of 2 178of 6 Phone: 952-960-1000 Email: daniel.hedstrom@onenetglobal.com Web: www.onenetglobal.com 21860 Industrial - Monthly Description Recurring Qty Ext. Recurring Managed Internet Fiber 1000MBx1000MB $915.00 1 $915.00 Monthly Subtotal: $915.00 21701 Industrial - Monthly Description Recurring Qty Ext. Recurring Managed Internet Fiber 1000MBx1000MB $915.00 1 $915.00 Monthly Subtotal: $915.00 Quote #DH012105 v2 PagePage: 104 of 3 178of 6 Phone: 952-960-1000 Email: daniel.hedstrom@onenetglobal.com Web: www.onenetglobal.com City of Rogers - Bandwidth Upgrade and 2027 Office Move Prepared by: Prepared for: Quote Information: OneNet Global City of Rogers Quote #: DH012105 Daniel Hedstrom 21860 Industrial Ct Version: 2 952-960-1019 Rogers, MN 55374 Delivery Date: 07/23/2026 daniel.hedstrom@onenetglobal.co Jason Greninger Expiration Date: 08/28/2026 m (763) 428-0917 jgreninger@rogersmn.gov Monthly Recurring Payment Summary Amount 21860 Industrial - Monthly $915.00 21701 Industrial - Monthly $915.00 Monthly Total: $1,830.00 Agreement Review Payments Interval Amount Agreement Terms 3 Year 36 Monthly $1,830.00 Taxes, shipping, handling and other fees may apply. We reserve the right to cancel orders arising from pricing or other errors. If you are currently enrolled in OneNet Global auto pay your credit card on file will be charged for this transaction. Financing contingent upon credit approval. OneNet Global City of Rogers Signature: Signature: Name: Daniel Hedstrom Name: Jason Greninger Title: Account Manager Date: Date: 07/23/2026 Quote #DH012105 v2 PagePage: 105 of 4 178of 6 Phone: 952-960-1000 Email: daniel.hedstrom@onenetglobal.com Web: www.onenetglobal.com Agreement Terms and Conditions This agreement between the Client herein and OneNet Global is effective as of the date recorded in Acceptance and Authorization, shall remain in force for the Agreement Term specified there (as well as any additional renewal periods), and will be reviewed quarterly to address any necessary adjustments or modifications. Should adjustments or modifications be required that increase the monthly fees paid for the services rendered under this agreement, these increases will be addressed through Addenda which both parties will review and authorize. This agreement automatically renews for the same period as the Initial Term beginning on the day immediately following the expiration of the Initial Term, unless one party gives the other ninety (90) days prior written notice of its intent not to renew this agreement. a. Projects. It is understood that services requested by Client that fall outside of the terms of this agreement will be considered Projects and will be quoted, authorized by Client and billed as separate, individual service engagements. b. Change Control. For all subscription service changes, change control mechanisms will be followed as identified. c. Acknowledgement. Client acknowledges that all monitoring and services management software provided by OneNet Global is proprietary software and the exclusive property of OneNet Global Technologies. d. Scheduling. Active support services under this agreement will commence at the conclusion of the Onboarding process, with the date to be agreed by both parties. e. Audits. OneNet Global Technologies will provide answers and/or recommendations to auditor(s) as requested. However, OneNet Global will not be held legally responsible or liable for the outcome and/or responses to any audit. I. Only devices identified through the Onboarding process, or subsequently as updated, will be covered under this agreement. II. Client will work with OneNet Global Technologies to document all devices that will be under this agreement during the Onboarding process and for all additional acquisitions throughout the initial Term and any renewal Terms. f. Termination. Both parties shall have the right to terminate the contract after giving ninety days (90) notice in writing if the following terms apply. I.Client may terminate agreement upon ninety (90) days written notice if OneNet Global Technologies: II.If agreement is terminated by Client prior to agreement term end date, and OneNet Global is not in breach of this agreement, the outstanding fee for the remainder of the initial term or renewal term will become due in full upon agreement termination. Client agrees to pay outstanding fees upon termination. i.Fails to fulfill in any material respect its obligations under this agreement and does not cure such failure within sixty (60) days of receipt of such written notice. ii.Breaches any material term or condition of this agreement and fails to remedy such breach within sixty (60) days of receipt of such written notice. III.On any termination, Client agrees to return all OneNet Global-owned equipment and to return or destroy all OneNet Global-provided confidential information. Quote #DH012105 v2 PagePage: 106 of 5 178of 6 Phone: 952-960-1000 Email: daniel.hedstrom@onenetglobal.com Web: www.onenetglobal.com IV.If either party terminates this agreement, OneNet Global Technologies will assist Client in the orderly termination of services, including timely transfer of the services to another designated provider. Client agrees to pay OneNet Global Technologies the actual costs of rendering such assistance, if costs are incurred. g. This Service Order. I. This service order will be honored for 30 days. II. This Service Order valid only with executed Master Service Agreement and counter signature from OneNet Global. III. This Service Order amends the Master Services Agreement between Client and OneNet Global for monitoring, maintenance and IT support services per these additional terms as subscribed. IV. Surcharges and applicable taxes are not included in this quote. VI. 50% of one time cost due at time of signing. VII. Property/Entrance conduct and inside wiring charges may apply pending site survey and design. VIII. Any changes submitted two weeks prior to date of install will need to be evaluated to see if it can be implemented in time and Customer may incur additional charges. Quote #DH012105 v2 PagePage: 107 of 6 178of 6 STAFF REPORT Meeting Date: July 28, 2026 ROGERS CITY COUNCIL Agenda Item: 5.12 Subject: Approval of Resolution 2026-58 Authorizing a Letter of Credit Reduction for Northview Preserve Early Grading Agreement and Subdivision Agreement Prepared By: Eric Burtness, Community Development Specialist Recommended Council Action Motion to approve Resolution 2026-58 authorizing letter of credit reductions for Northview Preserve. Overview / Background / Analysis Summergate Development, LLC has requested a Letter of Credit (LOC) reduction for work completed on Northview Preserve. After review, City Engineering is recommending a reduction of $429,564.00 from the current LOC amount of $1,899,707.00. The amended LOC amount the City will hold will be $1,470,143.00. Resolution 2026-58 attached to this item authorizes the reduction. Summergate Development, LLC has also requested a Letter of Credit (LOC) reduction for the Northview Preserve Grading LOC. After review, City Engineering is recommending a reduction of $4,587.00 from the current LOC amount of $50,992.00. The amended LOC amount the City will hold will be $46,405.00. Resolution 2026-58 attached to this item authorizes the reduction. Staff Recommendation Staff recommends approval of Resolution 2026-58 authorizing letter of credit reductions for Northview Preserve. Financial Impact: Not applicable Source Fund: Not applicable. Budgeted? N/A Supporting Documentation A. Resolution 2026-58 LOC Reductions Northview Preserve Page 108 of 178 RESOLUTION NO. 2026-58 RESOLUTION AUTHORIZING A LETTER OF CREDIT REDUCTION FOR NORTHVIEW PRESERVE EARLY GRADING AGREEMENT & NORTHVIEW PRESERVE SUBDIVISION AGREEMENT WHEREAS, in accordance with the Subdivision Agreement for Northview Preserve, Summergate Development, LLC, developer of Northview Preserve, has agreed to install certain improvements for said development; and WHEREAS, in accordance with the Early Grading Agreement for Northview Preserve, Summergate Development, LLC has agreed to install certain grading improvements for said development; and WHEREAS, the developer has completed a portion of the improvements as noted below; and WHEREAS, the developer has requested reductions of the required financial guarantees to reflect the completed work. NOW THEREFORE, BE IT RESOLVED, by the City Council of Rogers, County of Hennepin, Minnesota as follows: 1. That the financial guarantee requirements are reduced as shown below, and that MidWestOne Bank Letter of Credit No. 1356 for Northview Preserve Grading be reduced from $50,992.00 to $46,405.00. Letter of Credit Schedule Improvement Original Current New Reduced by Category Amounts LOC % LOC Amount LOC Amount % Complete LOC Amount LOC Amount Grading 309,364.32 125% 386,705.00 46,405.00 88.00% 46,405.00 - Erosion Control 52,418.80 125% 65,524.00 4,587.00 100.00% - 4,587.00 Total 361,783.12 452,229.00 50,992.00 89.74 46,405.00 4,587.00 2. That the financial guarantee requirements are reduced as shown below, and that MidWestOne Bank, a division of Nicolet National Bank, Letter of Credit No. 1347 for Northview Preserve be reduced from $1,899,707.00 to $1,470,143.00. Letter of Credit Schedule Improvement Original Current New Reduced by Category Amounts LOC % LOC Amount LOC Amount % Complete LOC Amount LOC Amount Landscaping - $1,000/Unit 75,000.00 125% 93,750.00 93,750.00 0.00% 93,750.00 - Road Improvements 1,347,412.00 150% 2,021,118.00 1,232,882.00 54.00% 929,714.00 303,168.00 Utility Improvements - (Storm Sewer) 1,053,294.00 150% 1,579,941.00 331,788.00 87.00% 205.392.00 126,396.00 Utility Improvements - (Watermain) 638,664.00 150% 957,996.00 95,800.00 90.00% 95,800.00 - Utility Improvements - (Sanitary Sewer) 969,910.00 150% 1,454,865.00 145,487.00 90.00% 145,487.00 - Total 4,084,280.00 6,107,670.00 1,899,707.00 75.93% 1,470,143.00 429,564.00 Page 109 of 178Councilmember __________ moved, Councilmember __________ seconded the motion. The following voted in favor of said resolution: The following voted against said resolution: The following abstained: Whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor, and attested by the Clerk this 28th day of July 2026. Shannon Klick, Mayor ATTEST: Stacie Brown, City Clerk Page 110 of 178 STAFF REPORT Meeting Date: July 28, 2026 ROGERS CITY COUNCIL Agenda Item: 6.1 Subject: Public Hearing and Consideration of a Request to Vacate Certain Drainage & Utility Easements and Establish New Drainage & Utility Easements Related to the Asguard Development Prepared By: Brett Angell, Community Development Director Recommended Council Action Open the public hearing to take public comment on the proposed utility easement vacation request. Motion to approve Resolution 2026-68 approving the vacation of certain drainage and utility easements as part of the Asguard development and approval of new drainage and utility easements. Overview / Background / Analysis In 2022, the City of Rogers approved development plans for a three-phase development named Asguard. Phase 1 of the development included the construction of a new Broadway Pizza which has been completed and is operational. Phase 2 of the development includes the 91-unit market-rate apartment building with ground floor retail which is currently under construction. Phase 3 of the development is the corner property where the previous Broadway Pizza was located, which will be redeveloped into a new use following the completion of phase 2. At the time when the first phase of the development began, the plat was recorded which established certain easements related to the development and the planned drainage and utility areas. The approved plans include a stormwater pipe that runs north-south along the private drive in between lots 1 and 2. With the addition of the turn lane off of County Road 144 and the timing of the development, a very minor alteration was required to the storm pipe which slightly alters the angle in which it connects into County Road 144. Due to this minor alteration to the pipe route, it is required that they vacate the existing easements and establish new easements to match what will be installed on the site. A comparison showing the previous storm pipe route and new storm pipe route is attached to this item. Additionally, a new watermain easement is included with this item to be established to the benefit of the city. The proposed easement vacation and new easement does not negatively impact the drainage of the development and still allows for Lot 1 to be developed. The proposed updated plans have been reviewed and are found to be acceptable by staff. A public hearing notice was published in the paper and notice was provided as required Page 111 of 178by Minnesota Statutes §462.358. Staff Recommendation Staff recommend the approval of the vacation of certain drainage and utility easements and the approval of new drainage and utility easements related to the Asguard development. Financial Impact: Not applicable. Source Fund: Not applicable. Budgeted? N/A Supporting Documentation A. Resolution 2026-68 Asguard Vacation B. Asguard Storm Sewer Easement C. Asguard Watermain Easement D. Storm Pipe Comparison Exhibit Page 112 of 178 CITY OF ROGERS RESOLUTION NO. 2026-68 A RESOLUTION VACATING CERTAIN DRAINAGE AND UTILITY EASEMENTS RELATED TO THE ASGUARD ADDITION PLAT WHEREAS, a public hearing to consider vacating certain drainage and utility easements was held on July 28th, 2026, at 7:00 p.m. before the Rogers City Council at 21201 Memorial Drive, Rogers, MN, after due published notice had been given by the City Clerk; and, WHEREAS, the vacation is required in connection with the future development of the parcels legally described at Lots 1-2, Block 1, Asguard Addition, a three-phase development that is currently under construction; and, WHEREAS, due to the installation of a turn-lane and the timing of the development, the storm sewer pipe must be aligned differently than what was originally anticipated at the time the original easement was established; and, WHEREAS, the drainage and utility easement area to be vacated is legally described in Exhibit A and depicted in Exhibit B; and, WHEREAS, a new drainage and utility easement will be established based upon the finalized storm sewer pipe; and, WHEREAS, there was no objection to vacating the drainage and utility easements as described herein, and the Rogers City Council found it to be in the public interest to vacate said right-of- way and easements; and, WHEREAS, four-fifths (4/5) of all members of the City Council concur in this Resolution. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROGERS, MINNESOTA, the City hereby declares that the drainage and utility easement legally described in Exhibit A and depicted in Exhibit B, is hereby vacated. BE IT FURTHER RESOLVED, the Mayor and City Clerk are hereby authorized to sign all documents necessary to effectuate the intent of this Resolution. Moved by Councilmember ______________, seconded by Councilmember ______________ The following voted in favor of said resolution: The following voted against the same: The following abstained: Page 113 of 178Whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor and attested by the Clerk dated July 28th, 2026. ______________________________ Shannon Klick, Mayor ATTEST: ____________________________ Stacie Brown, City Clerk Page 114 of 178 EXHIBIT A LEGAL DESCRIPTIONS AGUARD DRAINAGE AND UTILITY EASMENT VACATION A 20.00 foot wide easement for drainage and utility purposes over, under, and across those parts of Lots 1, 2, and 3, Block 1, ASGUARD ADDITION, Hennepin County, Minnesota, as dedicated on the recorded plat thereof, its westerly, southwesterly, and southerly line is described as follows: Commencing at the northeast corner of said Lot 1, Block 1; thence on an assumed bearing of South 88 degrees 46 minutes 05 seconds West, along the north line of said Lot 1, a distance of 86.45 feet to the point of beginning of said line; thence South 13 degrees 46 minutes 24 seconds West a distance of 17.01 feet; thence South 60 degrees 42 minutes 01 seconds East a distance of 90.46 feet; thence South 00 degrees 37 minutes 03 seconds East a distance of 209.61 feet; thence North 89 degrees 24 minutes 42 seconds East a distance of 199.26 feet; thence South 00 degrees 35 minutes 18 seconds East a distance of 137.21 feet to a point on the south line of said Lot 3, Block 1, said point being 36.56 feet from the southeast corner of said Lot 3 and there terminating. The sidelines of said 20.00 foot easement are to be prolonged or shortened to terminate at the north line of said Lot 1, Block 1 and the south line of said Lot 3, Block 1. Page 115 of 178 EXHIBIT B VACATION DEPICTION Page 116 of 178 PERMANENT DRAINAGE AND UTILITY EASEMENT THIS PERMANENT DRAINAGE AND UTILITY EASEMENT INSTRUMENT is made by Rogers Pizza, LLC, a Minnesota Limited Liability Company, and Asguard Rogers, LLC, a Minnesota Limited Liability Company (collectively the “Grantors”), in favor of the City of Rogers, a Minnesota municipal corporation, (the “Grantee,” or “City”). Grantors are the fee owner(s) of that certain real property located in Hennepin County, Minnesota, legally described on the attached Exhibit A (the “Premises Property”). Terms of Easement 1. Grant of Easement For good and valuable consideration, Grantors grant and convey to the Grantee the following easements: Permanent non-exclusive easement for drainage and utility purposes over, under, across and through those parts of the Property legally described on the attached Exhibit B, and further depicted on the attached Exhibit C (the “Easement Area”), according to the terms and conditions contained herein (the “Easement”). 2. Scope of Easement. The permanent Easements granted herein includes the right of the City, its contractors, agents, and employees to install, locate, construct, operate, maintain, alter, repair, improve, and replace the utilities, drainage ways and stormwater facilities in, over, across, beneath and above the Easement Area. The Easement granted herein also includes the right to cut, trim, or remove from the Easement Area such trees, shrubs, or other vegetation as in the City’s judgment unreasonably interfere with the Easement or facilities of the City, its successors, or assigns. 3. Warranty of Title. Grantors warrant that Grantors are the fee owners of the Property, and that Grantors have the right, title and capacity to convey the Easement herein to Grantee. 4. Environmental Matters. Grantee shall not be responsible for any costs, expenses, damages, demands, and obligations, including penalties and reasonable attorneys’ fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the Easement or Property prior to the date of this instrument. 5. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on Grantors, their successors and assigns. 1 Page 117 of 178 STATE DEED TAX DUE HEREON: NONE Dated July 28, 2026 2 Page 118 of 178 GRANTOR: ASGUARD ROGERS, LLC Casey Darkenwald Its STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _____ day of _______________ 2026, by Casey Darkenwald, XX, of Asguard Rogers, LLC, 7535 River Rd NE, Otsego, MN 55330, a limited liability company, on behalf of the corporation. ____________________________________ Notary Public 3 Page 119 of 178 GRANTOR: ROGERS PIZZA, LLC Casey Darkenwald Its STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _____ day of _______________ 2026, by Casey Darkenwald, XX, of Rogers Pizza, LLC, 7535 River Rd NE, Otsego, MN 55330, a limited liability company, on behalf of the corporation. ____________________________________ Notary Public THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered (MDT) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 4 Page 120 of 178 EXHIBIT A Legal Description of the Premises Property Lots 1-2, Block 1, Asguard Addition, Hennepin County, Minnesota PIDs: 14-120-23-12-0023 & 14-120-23-11-0006 A-1 Page 121 of 178 EXHIBIT B Legal Description of the Easements A 20.00 foot wide easement for drainage and utility purposes over, under, and across those parts of Lots 1, 2, and 3, Block 1, ASGUARD ADDITION, Hennepin County, Minnesota, as dedicated on the recorded plat thereof, its southwesterly, westerly, and southerly line is described as follows: Commencing at the northeast corner of said Lot 1, Block 1; thence on an assumed bearing of South 88 degrees 46 minutes 05 seconds West, along the north line of said Lot 1, a distance of 86.45 feet to the point of beginning of said line; thence South 31 degrees 06 minutes 05 seconds East a distance of 146.22 feet; thence South 00 degrees 37 minutes 03 seconds East a distance of 145.20 feet; thence North 89 degrees 24 minutes 42 seconds East a distance of 199.26 feet; thence South 00 degrees 35 minutes 18 seconds East a distance of 137.21 feet to a point on the south line of said Lot 3, Block 1, said point being 36.56 feet from the southeast corner of said Lot 3 and there terminating. The sidelines of said 20.00 foot easement are to be prolonged or shortened to terminate at the north line of said Lot 1, Block 1 and the south line of said Lot 3, Block 1. B-1 Page 122 of 178 EXHIBIT C Depiction of the Easement Areas C-1 Page 123 of 178 PERMANENT DRAINAGE AND UTILITY EASEMENT THIS PERMANENT DRAINAGE AND UTILITY EASEMENT INSTRUMENT is made by Rogers Pizza, LLC, a Minnesota Limited Liability Company (the “Grantor”), in favor of the City of Rogers, a Minnesota municipal corporation, (the “Grantee,” or “City”). Grantors are the fee owner(s) of that certain real property located in Hennepin County, Minnesota, legally described on the attached Exhibit A (the “Premises Property”). Terms of Easement 1. Grant of Easement For good and valuable consideration, Grantor grants and conveys to the Grantee the following easements: Permanent non-exclusive easement for drainage and utility purposes over, under, across and through those parts of the Property legally described on the attached Exhibit B, and further depicted on the attached Exhibit C (the “Easement Area”), according to the terms and conditions contained herein (the “Easement”). 2. Scope of Easement. The permanent Easements granted herein includes the right of the City, its contractors, agents, and employees to install, locate, construct, operate, maintain, alter, repair, improve, and replace the utilities, drainage ways and stormwater facilities in, over, across, beneath and above the Easement Area. The Easement granted herein also includes the right to cut, trim, or remove from the Easement Area such trees, shrubs, or other vegetation as in the City’s judgment unreasonably interfere with the Easement or facilities of the City, its successors, or assigns. 3. Warranty of Title. Grantor warrants that Grantor is the fee owners of the Property, and that Grantor have the right, title and capacity to convey the Easement herein to Grantee. 4. Environmental Matters. Grantee shall not be responsible for any costs, expenses, damages, demands, and obligations, including penalties and reasonable attorneys’ fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the Easement or Property prior to the date of this instrument. 5. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on Grantors, their successors and assigns. 1 Page 124 of 178 STATE DEED TAX DUE HEREON: NONE Dated July 28, 2026 2 Page 125 of 178 GRANTOR: ROGERS PIZZA, LLC Casey Darkenwald Its STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _____ day of _______________ 2026, by Casey Darkenwald, XX, of Rogers Pizza, LLC, 7535 River Rd NE, Otsego, MN 55330, a limited liability company, on behalf of the corporation. ____________________________________ Notary Public THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered (MDT) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 3 Page 126 of 178 EXHIBIT A Legal Description of the Premises Property Lots 1, Block 1, Asguard Addition, Hennepin County, Minnesota PIDs: 14-120-23-12-0023 A-1 Page 127 of 178 EXHIBIT B Legal Description of the Easements A perpetual easement for drainage and utility purposes over, under, and across that part of Lot 1, Block 1, ASGUARD ADDITION, Hennepin County, Minnesota, according to the recorded plat thereof described as follows: Commencing at the northwest corner of said Lot 1; thence on an assumed bearing of North 84 degrees 59 minutes 18 seconds East, along the north line of said Lot 1, a distance of 26.30 feet; thence North 88 degrees 46 minutes 05 seconds East, along said north line, a distance of 118.45 feet to the point of beginning of said line to be described; thence South 01 degrees, 11 minutes, 06 seconds East a distance of 23.30 feet; thence North 88 degrees 48 minutes 54 seconds east a distance of 10.00 feet; thence North 01 degrees, 11 Minutes, 06 Seconds West a distance of 23.31 feet to the north line of said Lot; thence westerly along the north line of said lot 1 to the point of beginning and there terminating. B-1 Page 128 of 178 EXHIBIT C Depiction of the Easement Areas C-1 Page 129 of 178PREVIOUS ALIGNMENT NEW ALIGNMENT Page 130 of 178 STAFF REPORT Meeting Date: July 28, 2026 ROGERS CITY COUNCIL Agenda Item: 6.2 Subject: Public Hearing and Consideration of a Request to Vacate Certain Drainage and Utility Easements and Establish New Drainage and Utility Easements Related to the Twin City Hose Expansion at 20615 Commerce Blvd Prepared By: Brett Angell, Community Development Director Recommended Council Action Open the public hearing and take public comment on the proposed easement vacation request. Motion to approve Resolution 2026-69 vacating certain drainage and utility easements related to the Twin City Hose Expansion at 20615 Commerce Blvd and approval of the new drainage and utility easements. Overview / Background / Analysis At the June 9, 2026 meeting, the City Council approved a site plan application related to an expansion of the building at 20615 Commerce Blvd for the property owner and business Twin City Hose. The addition is composed of a 9,648 square foot addition to the existing 24,388 square foot building, for a new total building site of 34,036 square feet. The expansion allows for the business to continue at the location as they have currently outgrown their existing space. The addition will be added on to the east side of the building. With the addition, there will be alterations and an expansion of the stormwater pond at the property. With the alterations to the stormwater pond as referenced above, the new stormwater ponding area would fall out of the existing established drainage and utility easement area. As such, the proposed action items would vacate the existing drainage and utility easements on the subject property and establish new easements reflective of the new drainage area. Depictions of the area to be vacated and the new easement area are attached for reference. A public hearing notice was published in the paper and notice was provided as required by Minnesota Statutes §462.358. Staff Recommendation Staff recommend approval of the proposed vacation and re-establishment of certain drainage and utility easements related to the Twin City Hose Expansion at 20615 Commerce Blvd. Financial Impact: Not applicable. Source Fund: Not applicable. Page 131 of 178 Budgeted? N/A Supporting Documentation A. Resolution 2026-68 Twin City Hose Vacation B. TCH Drainage and Utility Easement Page 132 of 178 CITY OF ROGERS RESOLUTION NO. 2026-69 A RESOLUTION VACATING CERTAIN DRAINAGE AND UTILITY EASEMENTS RELATED TO TWIN CITY HOSE EXPANSION WHEREAS, a public hearing to consider vacating certain drainage and utility easements was held on July 28th, 2026, at 7:00 p.m. before the Rogers City Council at 21201 Memorial Drive, Rogers, MN, after due published notice had been given by the City Clerk; and, WHEREAS, the vacation is required in connection with the future expansion of the building at the parcel legally described at Lots 1, Block 2, Rogers Industrial Park, for Twin City Hose; and, WHEREAS, due to the expansion of the existing building on site, the property owner is altering the existing stormwater pond on site and has requested to vacate certain drainage and utility easements and establish new drainage and utility easements based on the alteration of the stormwater facilities; and, WHEREAS, the drainage and utility easement area to be vacated is legally described in Exhibit A and depicted in Exhibit B; and, WHEREAS, there was no objection to vacating the drainage and utility easements as described herein, and the Rogers City Council found it to be in the public interest to vacate said right-of- way and easements; and, WHEREAS, four-fifths (4/5) of all members of the City Council concur in this Resolution. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROGERS, MINNESOTA, the City hereby declares that the drainage and utility easement legally described in Exhibit A and depicted in Exhibit B, is hereby vacated. BE IT FURTHER RESOLVED, the Mayor and City Clerk are hereby authorized to sign all documents necessary to effectuate the intent of this Resolution. Moved by Councilmember ______________, seconded by Councilmember ______________ The following voted in favor of said resolution: The following voted against the same: The following abstained: Whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor and attested by the Clerk dated July 28th, 2026. Page 133 of 178 ______________________________ Shannon Klick, Mayor ATTEST: ____________________________ Stacie Brown, City Clerk Page 134 of 178 EXHIBIT A LEGAL DESCRIPTIONS TWIN CITY HOSE DRAINAGE AND UTILITY EASMENT VACATION Page 135 of 178 EXHIBIT B VACATION DEPICTION Page 136 of 178 PERMANENT DRAINAGE AND UTILITY EASEMENT THIS PERMANENT DRAINAGE AND UTILITY EASEMENT INSTRUMENT is made by Twin City Hose, LLC, a Minnesota limited liability company (the “Grantor”), in favor of the City of Rogers, a Minnesota municipal corporation, (the “Grantee,” or “City”). Grantors are the fee owner(s) of that certain real property located in Hennepin County, Minnesota, legally described on the attached Exhibit A (the “Premises Property”). Terms of Easement 1. Grant of Easement For good and valuable consideration, Grantors grant and convey to the Grantee the following easements: Permanent non-exclusive easement for drainage and utility purposes over, under, across and through those parts of the Property legally described on the attached Exhibit B, and further depicted on the attached Exhibit C (the “Easement Area”), according to the terms and conditions contained herein (the “Easement”). 2. Scope of Easement. The permanent Easements granted herein includes the right of the City, its contractors, agents, and employees to install, locate, construct, operate, maintain, alter, repair, improve, and replace the utilities, drainage ways and stormwater facilities in, over, across, beneath and above the Easement Area. The Easement granted herein also includes the right to cut, trim, or remove from the Easement Area such trees, shrubs, or other vegetation as in the City’s judgment unreasonably interfere with the Easement or facilities of the City, its successors, or assigns. 3. Warranty of Title. Grantors warrant that Grantors are the fee owners of the Property, and that Grantors have the right, title and capacity to convey the Easement herein to Grantee. 4. Environmental Matters. Grantee shall not be responsible for any costs, expenses, damages, demands, and obligations, including penalties and reasonable attorneys’ fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the Easement or Property prior to the date of this instrument. 5. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on Grantors, their successors and assigns. 1 Page 137 of 178 STATE DEED TAX DUE HEREON: NONE Dated July 28, 2026 2 Page 138 of 178 GRANTOR: TWIN CITY HOSE, LLC Its STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _____ day of _______________ 2026, by , XX, of Twin City Hose, LLC, 20615 Commerce Blvd, Rogers, MN 55374, a limited liability company, on behalf of the corporation. ____________________________________ Notary Public THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered (MDT) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 3 Page 139 of 178 EXHIBIT A Legal Description of the Premises Property Lots 1, Block 2, Rogers Industrial Park, Hennepin County, Minnesota PIDs: 24-120-23-23-0009 A-1 Page 140 of 178 EXHIBIT B Legal Description of the Easements B-1 Page 141 of 178 EXHIBIT C Depiction of the Easement Areas C-1 Page 142 of 178 STAFF REPORT Meeting Date: July 28, 2026 ROGERS CITY COUNCIL Agenda Item: 7.1 Subject: Items Related to City Hall and Police Department Civic Campus Bid Package #2, City Project No. 2202 • Accept Bids for Bid Package #2 including Alternate #02 (lightning protection) for $75,000 • Approve Guaranteed Maximum Price (GMP) Amendment #2 for Bid Package #1 to Include Bid Package #2 Prepared By: Doran Cote, Public Works Director/City Engineer Recommended Council Action • Accept Bids for Bid Package #2 including Alternate #02 (lightning protection) for $75,000 • Motion to Approve Guaranteed Maximum Price (GMP) Amendment #2 for Bid Package #1 to Include Bid Package #2 Overview / Background / Analysis On January 13, 2026, the City Council approved Approve AIA Document A133-2019, Standard Form of Agreement between the City of Rogers and Terra Construction for Construction Manager at Risk (CM@R) for the Police Department/City Hall Civic Campus, City Project No. 2202. On February 10, 2026, the City Council approved the preliminary plat and site plan for the Civic Campus. The City Council was advised that Terra proposed an early bid package to include demolition, precast panels to lock in price and schedule and earthwork/utilities in Bid Package #1. On April 28, 2026, the City Council approved Bid Package #1 and authorized the solicitation of bids. On May 26, 2026, the City Council accepted bids for Bid Package #1 and approved AIA Document A133· - 2019 Exhibit A Guaranteed Maximum Price (GMP) Amendment Limited-GMP Amendment for Bid Package #1. At the time of accepting bids for Bid Package #1, the City Council was advised that in order to accommodate the 2 bid packages, Terra would set up the contract in their accounting system based on the approved Bid Package #1 amount. The final GMP would be handled as an amendment to the GMP contract for Bid Package #1 which was to accompany the Council packet for accepting the bids for Bid Package #2. That amendment is attached for Council consideration. Page 143 of 178For Bid Package #2, much like was done for Bid Package #1, on July 21, 2026, Terra received bids and qualification checklists electronically and evaluated them for scope and completeness to ensure the bidder qualifies. There were 154 bids submitted for this project, and it was the most active project on the electronic bidding sites. Terra prepared a bid tabulation of all trade contractor bids received and provided it to the City’s project representatives. The attached Bid Tabulation outlines the qualified responsible trade contracts. Based on the lowest responsible bids for the different bid categories, the GMP for Bid Package #2, which includes Bid Package #1 and Alternate #02, is $38,957,873 and the total estimated project cost, including general conditions, insurance, bonds, CM@R fees, contingency, engineering, administration, legal, furnishings, technology and utility relocations, is $45,300,000. See the attached Updated Cost Estimate table for more details and note that the items in red are estimates and the highlighted cells are based on quotes or proposals. It should be noted that the total project cost varies from the 75% design estimated cost in April of this year of $43,000,000 by $2,300,000 for several reasons including: 1. Four lowest responsible bidders in four bid categories (Categories 06A carpentry, 08A doors, 08C glass and 0H8 security doors),withdrew their bids after the bid opening, resulting in a $700,000 increase in bid prices. 2. The base bid for Category 09C (acoustical ceiling tile) did not include an item for the acoustic ceiling in the City Council Chambers requiring the inclusion of a $150,000 allowance to redesign and construct a suitable acoustic ceiling in the chambers. 3. The base bid for Category 14A (elevators) did not include a bid from Kone Elevators, which was the basis of design and specifications. Kone did not bid on the elevators and the lowest bid by Thyssen-Krupp Elevators (a.k.a. TKE) will require the inclusion of a $20,000 allowance for modifications to the design and construction of the elevator shaft pit. 4. The base bid for Category 22B (plumbing HVAC) did not include a preferred vendor for automation and controls, which will require the inclusion of a $40,000 allowance for the preferred vendor. 5. The base bid for Category 31B (demolition, earthwork and utilities) did not include unknown earthwork, soil remediation, building vapor mitigation and additional utility work which will require the inclusion of a $670,363 allowance for those corrections that are more clearly defined now with the start of the Bid Package #1 items. 6. The April estimate did not include the Response Action Plan (RAP) for the environmental engineering work, but the Updated Cost Estimate table includes $100,000 for that item based on actual quotes. 7. The April estimate did not include costs for private utility relocations, but the Updated Cost Estimate table includes $250,000 for those relocations based on actual quotes. 8. The April estimate included $320,000 for technology items but the Updated Cost Estimate table includes $800,000 for those items based on actual quotes. 9. The April estimate did not include costs for internal engineering, but the Updated Page 144 of 178 Cost Estimate table includes $185,000 for the City Council approved reduction in internal engineering fees of 0.5%. 10. The April estimate included $75,000 for special inspections but the Updated Cost Estimate table includes $113,000 for those items based on actual quotes. 11. The April estimate did not include costs for a third part peer review of the storm shelter, but the Updated Cost Estimate table includes $20,000 for that review based on actual quotes. 12. The April estimate did not include costs for internal signage or visitor management, but the Updated Cost Estimate table includes $30,000 for those items based on estimates. 13. The April estimate did not include cost for moving expenses, but the Updated Cost Estimate table includes $200,000 for those items based on estimates on a recent project. 14. Based on bid value of work added, and the additional time needed to construct the facility, the CM@R fees, General Conditions, insurance and bonds will have additional proportionate fees related to those additional costs. The lowest bidder for bid Category 26A (electrical) did offer a potential voluntary alternative deduct of $330,000 for what they termed "Valued Engineering" lighting that staff, our CM@R and architect will explore further to reduce the cost. Alternative #01 is to convert the base bid of in-floor heating in the Police garage to radiant heat for a deduct of $55,950. None of the parties on the design or construction team believe this would be an added value. Alternative #02 is to add lightning protection to the campus facility. All the parties on the design and construction team believe this is an added value based on the risk-benefit calculation. Funding for the Civic Campus construction project is proposed to come from a combination of tower and billboard lease funds, Facility Capital Reserve funds, and Capital Improvement Bond proceeds. A financial summary is attached to this memo. Over the past several years, the City Council and staff have been mindful of the project's impact on taxpayers and have intentionally built Facility Capital Reserve funds while also dedicating other unrestricted funds to help offset upfront construction costs and reduce the amount of bonding required. With final project bids now received, staff will proceed with the bond financing process. It is anticipated that annual debt service will be funded through a combination of tower and billboard lease revenues, the annual Underserved Municipalities Distribution (UMD), and property tax revenues. The attached Civic Campus Construction Project Financing table provides the details for funding this project. Staff Recommendation • Accept Bids for Bid Package #2 including Alternate #02 (lightning protection) for $75,000 • Motion to Approve Guaranteed Maximum Price (GMP) Amendment #2 for Bid Page 145 of 178 Package #1 to Include Bid Package #2 Financial Impact: $41,000,000 Source Fund: Bonds, 201, 400 Budgeted? Yes Supporting Documentation A. Architectural Renderings and Floorplan B. Civic Campus Funding Sources C. April 2026 Campus Estimate (75% DD) D. Updated Cost Estimate (Bid Based) E. Rogers Civic Campus - GMP Amendment Page 146 of 178Rogers City Hall and Police Department 21600 John Deere Lane City of Rogers 22350 S Diamond Lake Rd, Rogers, MN 55374 PROJECT NO. 023-10733-000 06/11/2026 100% CDs/Building Permit PLANNING ARCHITECTURE ENGINEERING INTERIORS 100% CDs/Building Permit 100% Page 147 of 1781 2 3 4 5 6 7 Rogers City Hall and Police Department 21600 John Deere Lane F City of Rogers 22350 S Diamond Lake Rd, Rogers, MN 55374 730 Second Avenue South, Suite 1300 Minneapolis, MN 55402-2455 Tel: 612.338.8741 E Civil Consultant: ÉLAN DESIGN LAB, INC. 310 4th Avenue South, Suite 1006 Minneapolis, MN 55415 Tel: 612.260.7004 Landscape Consultant: DAMON FARBER / LANDSCAPE ARCHITECTS 310 4th Avenue South, Suite 7050 Minneapolis, MN 55415 Tel: 612.332.7522 Security & Technology Consultant PMY Group 140 3rd Street South Minneapolis, MN 55082 Tel. 651.430.2772 D KEY PLAN REVISIONS C NO. DESCRIPTION DATE FILE LOG ACTIVITY BY Manager TBL Design DLY Draw AGB/MRS Check NW B STAMP I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the laws of the State of Minnesota. Print Name: Anastasia G. Boehm Signature: Date: 6/11/2026 License # 57612 100% CDs/Building Permit Project No. 023-10733-000 A 06/11/2026 Model: Autodesk Docs://023-10733-000-Rogers_Police_Station_Cit y_Hall/ RGRPS-Architecture.rvt 6/11/2026 1:15:49 PM GI201 100% CDs/Building Permit Copyright © 2026 LEO A DALY Company Page 148 of 1781 2 3 4 5 6 7 Rogers City Hall and Police Department 21600 John Deere Lane F City of Rogers 22350 S Diamond Lake Rd, Rogers, MN 55374 730 Second Avenue South, Suite 1300 Minneapolis, MN 55402-2455 Tel: 612.338.8741 E Civil Consultant: ÉLAN DESIGN LAB, INC. 310 4th Avenue South, Suite 1006 Minneapolis, MN 55415 Tel: 612.260.7004 Landscape Consultant: DAMON FARBER / LANDSCAPE ARCHITECTS 310 4th Avenue South, Suite 7050 Minneapolis, MN 55415 Tel: 612.332.7522 Security & Technology Consultant PMY Group 140 3rd Street South Minneapolis, MN 55082 Tel. 651.430.2772 D KEY PLAN REVISIONS C NO. DESCRIPTION DATE FILE LOG ACTIVITY BY Manager TBL Design DLY Draw AGB/MRS Check NW B STAMP I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the laws of the State of Minnesota. Print Name: Anastasia G. Boehm Signature: Date: 6/11/2026 License # 57612 100% CDs/Building Permit Project No. 023-10733-000 A 06/11/2026 Model: Autodesk Docs://023-10733-000-Rogers_Police_Station_Cit y_Hall/ RGRPS-Architecture.rvt 6/11/2026 1:15:50 PM GI202 100% CDs/Building Permit Copyright © 2026 LEO A DALY Company Page 149 of 1781 2 3 4 5 6 7 Rogers City Hall and Police Department 21600 John Deere Lane F City of Rogers 22350 S Diamond Lake Rd, Rogers, MN 55374 730 Second Avenue South, Suite 1300 Minneapolis, MN 55402-2455 Tel: 612.338.8741 E Civil Consultant: ÉLAN DESIGN LAB, INC. 310 4th Avenue South, Suite 1006 Minneapolis, MN 55415 Tel: 612.260.7004 Landscape Consultant: DAMON FARBER / LANDSCAPE ARCHITECTS 310 4th Avenue South, Suite 7050 Minneapolis, MN 55415 Tel: 612.332.7522 Security & Technology Consultant PMY Group 140 3rd Street South Minneapolis, MN 55082 Tel. 651.430.2772 D KEY PLAN REVISIONS C NO. DESCRIPTION DATE FILE LOG ACTIVITY BY Manager TBL Design DLY Draw AGB/MRS Check NW B STAMP I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the laws of the State of Minnesota. Print Name: Anastasia G. Boehm Signature: Date: 6/11/2026 License # 57612 100% CDs/Building Permit Project No. 023-10733-000 A 06/11/2026 Model: Autodesk Docs://023-10733-000-Rogers_Police_Station_Cit y_Hall/ RGRPS-Architecture.rvt 6/11/2026 1:15:51 PM GI203 100% CDs/Building Permit Copyright © 2026 LEO A DALY Company Page 150 of 178Floor Plan – Level 1 Shared Fitness City Hall Training Police Room Council Department Chambers Shared Spaces Main Entry Garage Page 151 of 178Floor Plan – Level 2 Police Department IS Page 152 of 178 City of Rogers, Minnesota Civic Campus City Project #2202 Construction Project Financing Amount Funding Sources Tower & Billboard Lease Fund 2,200,000.00 2024B Capital Improvement Bond 39,479,211.00 Facilities Capital Reserve 3,540,000.00 Total Funding Sources 45,219,211.00 Project Costs 45,219,211.00 Page 153 of 178LEO A DALY Updated 2026-04-24 75% CD's Project Budget EXHIBIT C Rogers Police Station and City Hall Current Current Current 75% CD Source of Reference No. Description Phase Responsibility Document Notes PRE-DESIGN 1 Legal: .1 Contract reviews (design, construction, other misc) $ 10,000 Rogers Estimate 2 Administrative Services .1 Design Period $ - Not typically tracked, verify .2 Construction Period $ - Not typically tracked, verify 3 Real Estate .1 Former Boyer Site (2023) $ - Acquisition completed prior to this project. .2 Triplex (2023) $ - Acquisition completed prior to this project. .3 Former Holiday (2015) $ - Acquisition completed prior to this project. 4 Land Surveying .1 Alta/NSPS Land Title Survey $ 5,500 Rogers/TruePoint Contract Preliminary and Final Plat .2 Topographic Survey $ 9,000 Rogers/TruePoint Contract Boundary and Topographic Survey .3 Preliminary Survey $ - Rogers/BMI Contract .4 Civic Campus title search $ - Rogers Contract Completed prior to this project. 5 Subsurface (Geotechnical) Investigation: .1 Soil borings Rogers/Braun Contract Completed prior to this project. .2 AET Services Rogers/AET Contract Completed prior to this project. .3 Modification to geotech report $ 2,000 Rogers/Braun Change Order Modify to eliminate basement and add geo pier 6 Existing Building Structural Analysis $ - Anticipate demolition of existing buildings, no structural analysis required. 7 Environmental Asssessments .1 VIC MPCA $ - Rogers Contract Completed prior to this project. .2 Pre-demo hazmat at former Holiday $ - Rogers Contract Completed prior to this project. .3 Pre-demo hazmat at former Boyer site Rogers Contract Completed prior to this project. .4 Phase 1 and Pre-demo hazmat of Triplex $ - Rogers Contract Completed prior to this project. .5 Braun soil vapor monitoring $ - Rogers Contract Completed prior to this project. .6 Braun soil vapor monitoring + fees for VIC $ 2,500 Rogers Estimate Anticipate 4 double ring test, 2 in construction .7 Phase 1 ESA $ - Rogers Contract Paid for with Grants .8 Phase 2 ESA $ - Rogers Contract Paid for with Grants DESIGN 8 Project Management/Architecture/Interior Design/MEP & Structural Engineering: .1 Pre-Design / Schematic Design Phase $ 353,286 LAD Contract $117,700 completed prior to this project. .2 Design Development - Construction Administration $ 2,001,954 LAD Contract .3 FFE Design Assistance Fee $ 30,000 LAD Contract .4 Reimbursables $ 15,000 LAD Contract .5 Contract Reconcilation $ 335,305 LAD Contract Mod-01 Pending Council Approval 9 Civil Engineering $ - LAD Contract Included in line 8 10 Landscape Architecture $ - LAD Contract Included in line 8 11 Landscape Irrigation $ - Any irrigation design (design / build contractor) included in the construction budget 12 Acoustical Engineering $ - Not included 13 Cost Estimating $ - LAD Contract Included in line 8 14 Sustainable Design $ - No LEED, B3, or Well Building Standard included or required. 15 Fire Protection Engineering $ - LAD Contract Included in line 8. Performance based specifcations and fire alarm drawings 16 Technology (Low-Voltage Systems) Engineering: .1 Voice/Data/Network $ - Rogers/LAD Contract/True North Server and switch design work by Rogers or Rogers' vendor. All other by LAD/PMY .2 Audio/Video $ - LAD Contract/True North Design and spec for AV and infrastructure. .3 Sound-Masking $ - LAD Contract/True North Design and spec for Sound Masking .4 Card Access $ - Rogers/LAD City Vendor/True NorthHardware and wire currently included in Construction Documents,not provided by City Vendor, verify. Conduit, rough-in boxes, devices in CD. .5 Surveillance/Security/Intrusion Detection $ - Rogers/LAD City Vendor/True NorthHardware and wire currently included in Construction Documents,not provided by City Vendor, verify. Conduit, rough-in boxes, devices in CD. .6 Fire Alarm $ - Rogers/LAD City Vendor/LAD Any required monitoring hardware by City Vendor, no design fee (included in 31.6). Conduit, devices, rough-in boxes, wire by CD .7 Fiber $ - Rogers City Vendor Design fee within 31.7. .8 WiFi $ - Rogers/LAD City Vendor/True NorthConduit, rough-in boxes, rack, patch panels, wire included Construction Documents. Access points supplied by Rogers installed by Contractor. 17 Commissioning .1 HVAC / Electrical $ 75,000 Rogers Estimate Required per code .2 Building Envelope $ 25,000 Rogers Estimate Required per code 18 Furniture, Fixtures and Equipment (FF&E Design) $ - Rogers City Vendor Basic furniture layout is included in line 8. City Vendor to provide design services (included in product cost). 19 Specialty Equipment (Procurement) .1 TBD $ - .2 TBD $ - 20 Food Service Furniture - (FF&E Procurement) $ - No kitchen equipment expected beyond refrigerators, microwaves, ice makers, and dishwashers. All provided by LAD specifications. 21 Signage - Exterior $ - Included in Construction Cost. 22 Specialty Signage/Displays/Exhibits $ - Basics included in Construction Cost. .1 Mural/Artwork $ - LAD Contract Design based upon preliminary LAD concept. 23 Utility Rebates (EDA Program - Weldon) $ - Rogers/Power Company Estimate Verify program PRE-CONSTRUCTION 24 Hazardous Materials Abatement .1 ACM Abatement Oversight $ - Rogers Braun None sampled per report dated July 25, 2025 .2 ACM Removal $ - Rogers Braun None sampled per report dated July 25, 2025 25 Structure (Building) Demolition $ - CMr Estimate Included in Construction Cost 26 Authority Entitlement: .1 Met. Council - SAC $ - CMr/Met Council Estimate $2,485 per unit. 25 unit estimate. $62,125 estimated originally. Now included in Construction Co.st .2 Rogers - City Water Unit Charge $ 25,000 Rogers Estimate $3,800 per unit. Site has 11 credits to offset new charges. .3 Rogers - City Sanitary Unit Charge $ 9,000 Rogers Estimate $4,500 first unit, $2,500 each additional unit. Site has 11 credits to offset new charges. .4 Planning/Development - Application(s)/Review $ - Rogers Waived fee $1,500 escrow, $250 Base Fee. .5 Re-Zoning - Application $ - Not Required. .6 Re-Platting - Application $ - Rogers Waived fee $3,500 Escrow, $500 base + $5 per lot. .7 Watershed District - Application/Permit $ 5,900 Rogers Total Escrow CalculatedPer worksheet. .8 Minnesota Dept. of Labor - Review $ 4,000 Rogers Estimate $3,811 for first $3,000,000 + $33 for each $100,000 after .9 Park Dedication Fee $ - Rogers Not required $8k per acre or $32,000. Not applicable as it is a redevelopment, fees previously obtained. 28 Preconstruction CM Services $ - CMr Terra Proposal In construction cost. $20,000. CONSTRUCTION 29 Soils .1 CCP Environmental Plan $ 2,500 Rogers City Vendor Coordinate with CMr and Rogers .2 Onsite inspection of remediation / contamination $ 15,000 Rogers Estimate Preliminary number by Braun .3 Erosion Control Inspection Services $ 15,000 Rogers Estimate .4 Vapor testing post installation of vapor mitigation $ 15,000 Rogers Estimate .5 Test existing water quality basin for contaminates $ 15,000 Rogers Estimate .6 Hennepin County Environmental Response Fund Grant Award $ (150,000) Rogers ERF Grant 30 Plan Review(s) and Permit(s) .1 Permit Fee $ - CMr Based upon 1997 UBC fee schedule. $110,226 estimated originally. Now included in Construction Cost. .2 Plan Review Fee $ - CMr Verify if city waives fee. Based upon 1997 UBC fee schedule. $71,647 estimated previously. Now included in Construction Cost. 31 Technology (Low-Voltage Systems): Conduit, rough-in boxes, devices, rack, patch panels, cable, patch cords, terminations included in Construction Documents. Low Voltage under Div. 26. .1 Voice/Data/Network Network Cabling (preferred vendors) $ - CMr Contract Pathways under Div. 26. Preferred vendors will be listed in specifications. .2 Audio/Video (preferred vendors) $ - CMr Contract Equipment, mounting brackets, platforms, included in Div. 27 rolled into Div. 26. Pathways Div. 26. AV contractor responsible for in room cabling. .3 Sound-Masking (preferred vendors) $ - CMr Contract Included in Div. 27. Soundmasking countractor responsible for cabling. .4 Card Access (preferred vendors) $ - Rogers City Vendor Pathways and conduit provided in Div. 26. Cabling to be part of Security Vendor scope. Devices and platform to be bid separately and listed here. Pathways and conduit provided in Div. 26. Devices and platform to be bid separately and listed here. Structured Cabling to provided by 31.1 to create a .5 Surveillance/Security (preferred vendors) $ - Rogers City Vendor plug and play for surveillance package. Included in Construction Cost. Monitoring agreements can be incorporated under Div. 26. Jason's preference is to have cellular monitoring for fire and .6 Fire Alarm $ - LAD Contract elevator and provided by Rogers. Jason doesn't want anolog in building. Verizon will monitor to make sure services do not go down. VOiP or Analog is still being determine. .7 Fiber $ 30,148 Rogers MP Nexlevel Pathway in Electrical Scope of Work. Verify work can be completed by Winter. Conduit, rough-in boxes included Construction Documents. Access points supplied by Rogers Vendor installed by Contractor. Cabling to be bid separately .8 WiFi $ 15,000 Rogers City Vendor and listed in 31.1 .9 Network Switches/Servers $ 130,786 Rogers CDW-G By Rogers Vendor, installed by Rogers. Original estimate was $15k. Can this cost come out of another budget? .10 Computers / Phones $ 25,000 Rogers City Vendor Rogers to provide equipment, verify what if any equipment should be included in overall project budget. Rogers to provide equipment, verify what if any equipment should be included in overall project budget. Antennae pathway to roof weather head under .11 Public Safety Radio source platform. $ 50,000 Rogers City Vendor Div. 26. Jason to have further discussions with City Vendor and PD about plan for new equipment and interface with new AV systems. Add sensor to existing location estimate is $1900. Doran going to look into adding sensor to light pole inside the gate. Carrying higher costs for cabling to .12 Opiticom system $ 20,000 Rogers TCC that location. .13 DAS system $ 50,000 Rogers City Vendor PMY can do survey once construction is underway. PMY can design system if needed then bid it out later. 32 Electrical Site Utilities (Electrical Service hook up) $ - Rogers Electric Company Confirm primary side will be paid for by utility. $250k for bury overhead lines to be paid with other funds. 33 Back-up (Emergency) Electrical Systems $ - Included in Construction Cost 34 Construction Testing / Inspection $ 75,000 Rogers City Vendor 35 Utility Rebates (EDA Program Results) $ (21,867) Willdan To be finalized during verification OCCUPANCY 36 Furniture (FF&E) - Procurement & Install $ 1,375,000 Rogers Hendrickson $1,250,000 + 10% contingency 37 Training Equipment (FF&E) - Procurement & Install .1 Exercise Equipment $ 123,867 Rogers Lifetime/Hammer StrengthPending final selections 38 Cleaning (FF&E) - Procurement & Install .1 Floor scrubber (2) @ $20,000 $ 40,000 Rogers Estimate Rogers to provide. 4x8 footprint 48" deck. E-mop for rest of facility. .2 Pallet jack (2) @ $1,500 $ 3,000 Rogers Estimate .3 Garbage cans / recycling (50) @ $100 $ 5,000 Rogers Estimate .4 Snowblower $ 2,500 Rogers Estimate 39 Appliances (FF&E) - Procurement & Install .1 TBD $ - Included in Construction Cost. 40 Displays/Exhibits .1 Interior $ 80,000 Rogers City Vendor Unknown at this time. .2 Exterior $ - CMr Estimate $33,900 included in construction cost currrently. 41 Move/Move-In .1 Temp Storage $ - .2 Move-in Accessories $ 15,000 Rogers Estimate Floor mats, ladders, mops, etc. SOFT COST SUBTOTAL $ 4,839,379 OWNER'S PROJECT CONTINGENCY A Pre-Design Phase - Soft Cost Contingency (15%) $ 725,907 Misc items, unforseen conditions, soils, etc B Schematic Design Phase (10%) $ 483,938 Soil contamination/remediation and export and import moved to construction cost. C Design Development Phase (5%) $ 241,969 D Construction Documents Phase (3%) $ 145,181 E Construction Administration Phase (3%) SOFT COST TOTAL $ 4,984,560 CONSTRUCTION COST TOTAL $ 36,377,721 Construction Cost F .1 Pre-Design Construction Cost Estimate $ 33,525,700 LAD Pre-Design Estimate Based upon cost / foot per area, see sheet 1. G .2 Schematic Design Construction Cost Estimate $ 35,215,886 LAD/Rockwise SD Estimate Revision 3, dated 2025-10-08. H .3 Design Development Construction Cost Estimate $ 35,445,793 LAD/Rockwise DD Estimate Revision 2, dated 2026-02-02. .3.1 Design Development Construction Cost Estimate $ 36,377,721 LAD/Rockwise DD Estimate Revision 4, dated 2026-03-13. .3.2 Design Development Construction Cost Estimate $ 37,076,597 Terra Construction DD Estimate Revision 2, dated 2026-03-13. I .4 75% Construction Documents Construction Cost Estimate $ 37,937,622 Terra Construction CD Estimate Phase 1: $3,520,000. Phase 2: $34,417,622. .5 GMP OVERALL TOTAL PROJECT COST $ 42,922,182 Facilities Task Force Presentation indicated a preliminary cost of $40,284,981 J State of Minnesota Bond Contribution $ - K Federal or Local Government Grant $ - Alternates $ 50,000 L.1 Alternate No. 1: Lightning Protection $ 100,000 CMr Estimate Between 75k-150k. 4.8 out of 10 risk assessment. Moderate risk for essential services. L.2 Alternate No. 2: Provide gas fired infrared heat in lieu of in floor heat PD garage $ (50,000) Value Engineering from DD to CD reconcililation $ (203,250) VE-1 Reduction of generator size? $ (20,000) Tank size reduced. Overall size slightly smaller than originally anticipated in DD. VE-2 Revise light fixtures in locker rooms to 2x2 in lieu of linear indirect hung $ (5,000) TBL Estimate Accepted VE-3 Reduce F9 light fixtures in Council Chambers Conference room by 8 $ (18,000) TBL Estimate $1500 / each + install. Accepted. VE-4 Reduce F6 light fixtures in Lobby by 6 $ (10,500) TBL Estimate $1200 / eac + install. Accepted. Delete L4S light fixtures and baffles in main City Hall office area, replace with VE-5 Estimate 2x2 $ (46,550) TBL $800 / eac + install, replace with 2x2 fixtures. Reduce baffles and provide ACT cloud ceiling. In review. VE-6 Revise linear light fixtures in Park and Rec to 2x2 fixtures $ (11,400) TBL Estimate $800 / eac + install, replace with 2x2 fixtures. Accepted. VE-7 Site concrete simplification. $ (50,000) TBL Estimate Final Design not approved yet VE-8 Terrazo stair treads $ (20,000) TBL Estimate Accepted VE-9 Remove terrazzo from City Hall lobby at carpet area $ (10,500) TBL Estimate 175 sf. Accepted. VE-10 Reduce acoustic wall panels in Phone Rooms $ (4,800) TBL Estimate 8x10 x 4 walls x $15/sf. Accepted. VE-11 Remove form liner at site walls $ - TBL Estimate Pending. Can revise in BP2 if needed. Estimated $20,000 - $30,000. VE-12 Revise all non public doors and frames to 7'0 x 3'0 $ (1,500) TBL Estimate Accepted. Only 1. VE-13 Reduce wood accents or revise some wood to veneer / wall covering mtl $ - TBL Estimate In review. VE-14 Delete security glazing on second floor $ - Declined. VE-15 Reduce steel thickness on guardrail at PD stair $ (5,000) TBL Estimate reduce to 1/4" or 3/8". Accepted. 13.7% Soft cost ratio Page 154 of 178 Updated Cost Estimate 2026-07-21 Bid Results Rogers Police Station and City Hall Current Current Current Bid Source of Reference No. Description Phase Responsibility Document Notes PRE-DESIGN 1 Legal: .1 Contract reviews (design, construction, other misc) $ 10,000 Rogers Estimate 2 Administrative Services .1 Design Period $ - Not typically tracked, verify .2 Construction Period $ - Not typically tracked, verify 3 Real Estate .1 Former Boyer Site (2023) $ - Acquisition completed prior to this project. .2 Triplex (2023) $ - Acquisition completed prior to this project. .3 Former Holiday (2015) $ - Acquisition completed prior to this project. 4 Land Surveying .1 Alta/NSPS Land Title Survey $ 5,500 Rogers/TruePoint Contract Preliminary and Final Plat .2 Topographic Survey $ 9,000 Rogers/TruePoint Contract Boundary and Topographic Survey .3 Preliminary Survey $ - Rogers/BMI Contract .4 Civic Campus title search $ - Rogers Contract Completed prior to this project. 5 Subsurface (Geotechnical) Investigation: .1 Soil borings Rogers/Braun Contract Completed prior to this project. .2 AET Services Rogers/AET Contract Completed prior to this project. .3 Modification to geotech report $ 2,000 Rogers/Braun Change Order Modify to eliminate basement and add geo pier 6 Existing Building Structural Analysis $ - Anticipate demolition of existing buildings, no structural analysis required. 7 Environmental Asssessments .1 VIC MPCA $ - Rogers Contract Completed prior to this project. .2 Pre-demo hazmat at former Holiday $ - Rogers Contract Completed prior to this project. .3 Pre-demo hazmat at former Boyer site Rogers Contract Completed prior to this project. .4 Phase 1 and Pre-demo hazmat of Triplex $ - Rogers Contract Completed prior to this project. .5 Braun soil vapor monitoring $ - Rogers Contract Completed prior to this project. .6 Braun soil vapor monitoring + fees for VIC $ 2,500 Rogers Estimate Anticipate 4 double ring test, 2 in construction .7 Phase 1 ESA $ - Rogers Contract Paid for with Grants .8 Phase 2 ESA $ - Rogers Contract Paid for with Grants DESIGN 8 Project Management/Architecture/Interior Design/MEP & Structural Engineering : .1 Pre-Design / Schematic Design Phase $ 353,286 LAD Contract $117,700 completed prior to this project. .2 Design Development - Construction Administration $ 2,001,954 LAD Contract .3 FFE Design Assistance Fee $ 30,000 LAD Contract .4 Reimbursables $ 15,000 LAD Contract .5 Contract Reconcilation $ 335,305 LAD Contract Mod-01 Recieved Council Approval 9 Civil Engineering $ - LAD Contract Included in line 8 10 Landscape Architecture $ - LAD Contract Included in line 8 11 Landscape Irrigation $ - Any irrigation design (design / build contractor) included in the construction budget 12 Acoustical Engineering $ - Not included 13 Cost Estimating $ - LAD Contract Included in line 8 14 Sustainable Design $ - No LEED, B3, or Well Building Standard included or required. 15 Fire Protection Engineering $ - LAD Contract Included in line 8. Performance based specifcations and fire alarm drawings 16 Technology (Low-Voltage Systems) Engineering: .1 Voice/Data/Network $ - Rogers/LAD Contract/True North Server and switch design work by Rogers or Rogers' vendor. All other by LAD/PMY .2 Audio/Video $ - LAD Contract/True North Design and spec for AV and infrastructure. .3 Sound-Masking $ - LAD Contract/True North Design and spec for Sound Masking .4 Card Access $ - Rogers/LAD ity Vendor/True Nort Hardware and wire currently included in Construction Documents,not provided by City Vendor, verify. Conduit, rough-in boxes, devices in CD. .5 Surveillance/Security/Intrusion Detection $ - Rogers/LAD ity Vendor/True Nort Hardware and wire currently included in Construction Documents,not provided by City Vendor, verify. Conduit, rough-in boxes, devices in CD. .6 Fire Alarm $ - Rogers/LAD City Vendor/LAD Any required monitoring hardware by City Vendor, no design fee (included in 31.6). Conduit, devices, rough-in boxes, wire by CD .7 Fiber $ - Rogers City Vendor Design fee within 31.7. .8 WiFi $ - Rogers/LAD ity Vendor/True Nort Conduit, rough-in boxes, rack, patch panels, wire included Construction Documents. Access points supplied by Rogers installed by Contractor. 17 Commissioning .1 HVAC / Electrical $ 75,000 Rogers Estimate Required per code .2 Building Envelope $ 25,000 Rogers Estimate Required per code 18 Furniture, Fixtures and Equipment (FF&E Design) $ - Rogers City Vendor Basic furniture layout is included in line 8. City Vendor to provide design services (included in product cost). 19 Specialty Equipment (Procurement) .1 TBD $ - .2 TBD $ - 20 Food Service Furniture - (FF&E Procurement) $ - No kitchen equipment expected beyond refrigerators, microwaves, ice makers, and dishwashers. All provided by LAD specifications. 21 Signage - Exterior $ - Included in Construction Cost. 22 Specialty Signage/Displays/Exhibits $ - Basics included in Construction Cost. .1 Mural/Artwork $ - LAD Contract Design based upon preliminary LAD concept. 23 Utility Rebates (EDA Program - Weldon) $ - Rogers/Power Compan Estimate Verify program PRE-CONSTRUCTION 24 Hazardous Materials Abatement .1 ACM Abatement Oversight $ - Rogers Braun None sampled per report dated July 25, 2025 .2 ACM Removal $ - Rogers Braun None sampled per report dated July 25, 2025 25 Structure (Building) Demolition $ - CMr Estimate Included in Construction Cost 26 Authority Entitlement: .1 Met. Council - SAC $ - CMr/Met Council Estimate $2,485 per unit. 25 unit estimate. $62,125 estimated originally. Now included in Construction Co.st .2 Rogers - City Water Unit Charge $ 91,200 Rogers Estimate WAC would be 24@$3800 .3 Rogers - City Sanitary Unit Charge $ 62,000 Rogers Estimate SAC would be 1@$4500 plus 23@$2500 .4 Planning/Development - Application(s)/Review $ - Rogers Waived fee $1,500 escrow, $250 Base Fee. .5 Re-Zoning - Application $ - Not Required. .6 Re-Platting - Application $ - Rogers Waived fee $3,500 Escrow, $500 base + $5 per lot. .7 Watershed District - Application/Permit $ 5,900 Rogers otal Escrow Calculat Per worksheet. .8 Minnesota Dept. of Labor - Review $ 4,000 Rogers Estimate $3,811 for first $3,000,000 + $33 for each $100,000 after .9 Park Dedication Fee $ - Rogers Not required $8k per acre or $32,000. Not applicable as it is a redevelopment, fees previously obtained. 28 Preconstruction CM Services $ 20,000 CMr Terra Proposal In construction cost. $20,000. CONSTRUCTION 29 Soils .1 CCP Environmental Plan Rogers City Vendor Coordinate with CMr and Rogers .2 Onsite inspection of remediation / contamination Rogers Preliminary number by Braun .3 Erosion Control Inspection Services Rogers .4 Vapor testing post installation of vapor mitigation Rogers .5 Test existing water quality basin for contaminates Rogers .6 Hennepin County Environmental Response Fund Grant Award ($ 150,000) Rogers ERF Grant Braun RAP In-construction Proposal $ 98,900 Contract Proposal by Braun 30 Plan Review(s) and Permit(s) .1 Permit Fee $ - CMr Based upon 1997 UBC fee schedule. $110,226 estimated originally. Now included in Construction Cost. .2 Plan Review Fee $ - CMr Verify if city waives fee. Based upon 1997 UBC fee schedule. $71,647 estimated previously. Now included in Construction Cost. .3 Internal Engineering $184,907 City Council Approved Reduction of Internal Fees to 0.5% Private Utilities Lumen Relocation $ 36,100 Contract Actual based on invoices Xcel Relocation $ 130,386 Contract Actual based on invoices Comcast Relocation $ 87,573 $ 254,059 Contract Actual based on invoices 31 Technology (Low-Voltage Systems): .1 Voice/Data/Network Network Cabling (preferred vendors) $ - CMr Contract Conduit, rough-in boxes, devices, rack, patch panels, cable, patch cords, terminations included in Construction Documents. Low Voltage under Div. 26. Pathways under Div. 26. Preferred vendors will be listed in specifications .2 Audio/Video (preferred vendors) $ - CMr Contract Equipment, mounting brackets, platforms, included in Div. 27 rolled into Div. 26. Pathways Div. 26. AV contractor responsible for in room cabling. .3 Sound-Masking (preferred vendors) $ - CMr Contract Included in Div. 27. Soundmasking countractor responsible for cabling. .4 Card Access (preferred vendors) $197,100 Rogers City Vendor Per JG Quotes .5 Surveillance/Security (preferred vendors) $223,295 Rogers City Vendor Per JG Quotes .6 Intrusion Alarm $20,765 Per JG Quotes .7 Intercom $24,475 Per JG Quotes .8 Fire Alarm $ - LAD Contract Included in Construction Cost. Monitoring agreements can be incorporated under Div. 26. Jason's preference is to have cellular monitoring for fire and elevator and provided by Rogers Jason doesn't want anolog in building Verizon will monitor to make sure services do not go down VOiP or Analog is still being determine .9 Fiber $ 30,148 Rogers MP Nexlevel Pathway in Electrical Scope of Work. Verify work can be completed by Winter. .10 Wireless Access Points $ 35,600 Rogers City Vendor Per JG Quotes .11 Network Switches/Servers $ 149,388 Rogers CDW-G Per JG Quotes .12 Computers / Phones $ 25,000 Rogers City Vendor Per JG Quotes .13 Public Safety Radio source platform. $ 21,329 Rogers City Vendor Per JG Quotes .14 Opiticom system $ 20,000 Rogers TCC Add sensor to existing location estimate is $1900. Doran going to look into adding sensor to light pole inside the gate. Carrying higher costs for cabling to that location. .15 DAS $ 50,000 Rogers City Vendor PMY can do survey once construction is underway. PMY can design system if needed then bid it out later. 32 Electrical Site Utilities (Electrical Service hook up) $ - Rogers Electric Company Confirm primary side will be paid for by utility. $250k for bury overhead lines to be paid with other funds. 33 Back-up (Emergency) Electrical Systems $ - Included in Construction Cost 34 Construction Testing / Inspection $ 112,525 Rogers City Vendor AET Proposal 35 Utility Rebates (EDA Program Results) ($ 21,867) Willdan To be finalized during verification 36 Storm Shelter Peer Review $ 19,413 Rogers Braun Required by code. Braun Proposal OCCUPANCY 36 Furniture (FF&E) - Procurement & Install $ 1,375,000 Rogers Hendrickson $1,250,000 + 10% contingency 37 Training Equipment (FF&E) - Procurement & Install .1 Exercise Equipment $ 123,867 Rogers etime/Hammer Stren Pending final selections 38 Cleaning (FF&E) - Procurement & Install .1 Floor scrubber (2) @ $20,000 $ 40,000 Rogers Estimate Rogers to provide. 4x8 footprint 48" deck. E-mop for rest of facility. .2 Pallet jack (2) @ $1,500 $ 3,000 Rogers Estimate .3 Garbage cans / recycling (50) @ $100 $ 5,000 Rogers Estimate .4 Snowblower $ 2,500 Rogers Estimate 39 Appliances (FF&E) - Procurement & Install .1 TBD $ - Included in Construction Cost. 40 Displays/Exhibits .1 Interior $ 80,000 Rogers City Vendor Unknown at this time. .2 Exterior $ - CMr Estimate $33,900 included in construction cost currrently. .3 InternalBuilding Signage $25,500 Per JG Quotes Page 155 of 178 .3 Visitor Management System $5,000 Per JG Quotes 41 Move/Move-In $ 200,000 Estimate based on $/SF quotes from Antiques 101 .1 Temp Storage $ - .2 Move-in Accessories $ 15,000 Rogers Estimate Floor mats, ladders, mops, etc. SOFT COST SUBTOTAL $ 6,217,549 OWNER'S PROJECT CONTINGENCY A Pre-Design Phase - Soft Cost Contingency (15%) $ 725,907 Misc items, unforseen conditions, soils, etc B Schematic Design Phase (10%) $ 483,938 Soil contamination/remediation and export and import moved to construction cost. C Design Development Phase (5%) $ 241,969 D Construction Documents Phase (3%) $ 150,000 City's contingency for City provided items E Construction Administration Phase (3%) SOFT COST TOTAL $ 6,367,549 CONSTRUCTION COST TOTAL Construction Cost F .1 Pre-Design Construction Cost Estimate $ 33,525,700 LAD Pre-Design Estimate Based upon cost / foot per area, see sheet 1. G .2 Schematic Design Construction Cost Estimate $ 35,215,886 LAD/Rockwise SD Estimate Revision 3, dated 2025-10-08. H .3 Design Development Construction Cost Estimate $ 35,445,793 LAD/Rockwise DD Estimate Revision 2, dated 2026-02-02. .3.1 Design Development Construction Cost Estimate $ 36,377,721 LAD/Rockwise DD Estimate Revision 4, dated 2026-03-13. .3.2 Design Development Construction Cost Estimate $ 37,076,597 Terra Construction DD Estimate Revision 2, dated 2026-03-13. I .4 75% Construction Documents Construction Cost Estimate $ 37,937,622 Terra Construction CD Estimate Phase 1: $3,520,000. Phase 2: $34,417,622. .5 GMP $ 38,957,873 Terra Construction Bid Tabulation Bid Tabulation+Preconst.+Const. Staffing+Reimburseables+Insurance+CM Fee+Contingency+Bid Alt #02 OVERALL TOTAL PROJECT COST $ 45,325,422 Facilities Task Force Presentation indicated a preliminary cost of $40,284,981, 75% DD cost estimate $42,922,182 Page 156 of 178 July 24, 2026 Mr. Doran Cote 22350 S. Diamond Lake Road Rogers, MN 55374 RE: Rogers City Hall & Police Department Civic Campus Recommendation to Award Bid Package #02 Approval of GMP Amendment #2 (Remaining Work) Dear Mr. Cote, In accordance with state statutes, Terra Construction received bids for Bid Package #02 on Tuesday July 21st, 2026, for the above-referenced project. We have completed our evaluation of the bids and qualification checklists for scope completeness. The attached bid tabulation indicates our recommendation for award to the trade contractors associated with Bid Package #02. Included for signature is AIA A133 Exhibit A - GMP Amendment #2 and an updated AIA A133 Exhibit B – Insurance and Bonds. Please feel free to contact me with any questions. Respectfully Submitted, Jason Whiting Executive Vice President Page 157 of 178#2 Page 158 of 178Page 159 of 178Page 160 of 178Page 162 of 178Page 163 of 178Page 164 of 178 GMP Amendment #2 - Exhibit A-2 Rogers City Hall and Police Department Terra Project #26.893 Bid Package #2 - Bid Date 7/21/2026 Submission Date 7/24/2026 GMP Amendment #2 - Exhibit A-2 DESCRIPTION Material Labor BASE BID TOTAL NOTES 03A Concrete $ 915,000 $ 1,333,000 $ 2,248,000 03C Concrete Finishing $ 3,900 $ 17,340 $ 21,240 Bid Package #01 03D Precast Concrete $ 423,860 $ 1,056,589 $ 1,480,449 Bid Package #02 03D Precast Concrete $ 47,009 $ 47,009 04A Masonry $ 581,600 $ 1,399,100 $ 1,980,700 05C Steel $ 1,860,000 $ 964,000 $ 2,824,000 06A Carpentry $ 542,400 $ 444,000 $ 986,400 06E Casework $ 471,472 $ 100,867 $ 572,339 07F Waterproofing & Air Barrier $ 73,705 $ 62,460 $ 136,165 07M Roofing & Metal Panel $ 2,125,682 $ 969,688 $ 3,095,370 07N Joint Sealant $ 37,925 $ 83,875 $ 121,800 08A Doors $ 499,411 $ - $ 499,411 08C Glass $ 1,181,046 $ 333,138 $ 1,514,184 08G Overhead Doors $ 60,414 $ 12,168 $ 72,582 08H Security Doors $ 48,100 $ 7,600 $ 55,700 09A Gypsum Board $ 580,045 $ 1,217,376 $ 1,797,421 09B Tile $ 180,000 $ 120,000 $ 300,000 09C ACT $ 384,700 $ 213,300 $ 598,000 09C ACT Allowances $ 150,000 WD-1A 09E Flooring $ 170,000 $ 55,000 $ 225,000 09G Terrazzo $ 52,100 $ 79,600 $ 131,700 09H Fluid Applied Flooring $ 8,600 $ 13,175 $ 21,775 09J Painting $ 128,870 $ 194,980 $ 323,850 10B Signage $ 40,550 $ 17,560 $ 58,110 11C Food Service $ 33,000 $ 5,000 $ 38,000 12A Window Treatments $ 53,460 $ 18,790 $ 72,250 14A Elevators $ 51,774 $ 68,026 $ 119,800 14A Elevator Allowances $ 20,000 Elevator Shaft Modifications for TK Elevator 21A Fire Suppression $ 156,249 $ 188,876 $ 345,125 22B Plumbing HVAC $ 2,830,061 $ 2,341,027 $ 5,171,088 22B Temperature Controls Allowance $ 40,000 Additional Cost to use owner's preferred vendor 26A Electrical $ 3,438,752 $ 1,821,715 $ 5,260,467 26A Alt#2 Lightning Protection - Accepted $ 75,000 Bid Package #01 31B Demo, Earth, Utilities $ 346,610 $ 1,189,949 $ 1,536,559 Bid Package #02 31B Demo, Earth, Utilities $ 10,926 $ 42,847 $ 53,773 31B Soil Contamination & Unsuitable Allowance $ 500,000 31B Vapor Mitigation Allowance $ 150,000 31B Utility Revision Allowance $ 20,363 32A Bituminous $ 105,600 $ 85,800 $ 191,400 32B Site Concrete $ 111,800 $ 286,150 $ 397,950 32E Fencing $ 216,310 $ 37,500 $ 253,810 32F Landscaping $ 130,290 $ 147,480 $ 277,770 Construction Manager General Conditions $ 1,976,419 $ 1,976,419 SUBTOTAL $ 17,901,221 $ 16,904,395 $ 35,760,979 PERMIT $ - To be paid direct by owner GL INSURANCE $ 339,729 $ 339,729 BR INSURANCE $ 64,370 $ 64,370 BONDS $ 455,438 $ 455,438 PROJECT FEE $ 549,308 $ 549,308 CM'S CONTINGENCY $ 1,788,049 $ 1,788,049 DESIGN CONTINGENCY $ - GMP TOTAL $ 17,901,221 $ 20,101,289 $ 38,957,873 ALTERNATES Alt #01 Heating System - PD Garage $ (55,950) NOT ACCEPTED Revision to GMP TOTAL $ (60,952) Alt #02 Lightning Protection $ 75,000 ACCEPTED - INCLUDED ABOVE Revision to GMP TOTAL $ 81,705 1/1 Page 165 of 178Page 167 of 178Page 168 of 178Page 169 of 178Page 170 of 178Page 171 of 178Page 172 of 178Page 173 of 178Page 174 of 178Page 175 of 178Page 176 of 178 STAFF REPORT Meeting Date: July 28, 2026 ROGERS CITY COUNCIL Agenda Item: 7.2 Subject: Items Related to Park Maintenance II - MEO Position • Approve Filling of Programmed 2027 Park Maintenance II - MEO Position in 2026 • Approve Hiring of Eric Kolles to the Position of Park Maintenance II - MEO Prepared By: Doran Cote, Public Works Director/City Engineer Recommended Council Action • Motion to Approve Filling of Programmed 2027 Park Maintenance II - MEO Position in 2026 • Motion to Approve Hiring of Eric Kolles to the Position of Park Maintenance II - MEO Overview / Background / Analysis The Park Maintenance Medium Equipment Operator position was posted from April 29, 2026 to May 15, 2026, and the city received 17 applications. Four candidates were scheduled for interviews, but one applicant withdrew after accepting another position. The remaining three candidates were interviewed on June 4, 2026, by a panel consisting of Public Works and Recreation staff. At the conclusion of the interviews, it was a unanimous decision that the internal candidate, Spencer Majerus, was the best candidate for the position and the City Council approved hiring Spencer on June 9, 2026. The second best candidate interviewed though this process was Eric Kolles. Eric possesses a Class A CDL, Forklift Certificate, has done landscaping, irrigation, farm work, drives a tractor, operates a skid-steer, operates commercial Zero-Turn lawn mowers, weed-whips, backpack blowers, and can operate a truck with a front-end plow for snow removal. Eric also prepares baseball and softball fields as a member of the St. Michael Youth Baseball Board and Fundraising Coordinator and managed the St. Michael-Albertville Men's Softball League. If the City Coucil approves this request, Mr. Kolles will be given a conditional offer of employment subject to a favorable background check and a negative drug test. This position is a key component of the Public Works Department's staffing requests for the 2027 budget, and is being asked to be accelerated into 2026 due to facility additions and operational needs. Approving this hire at this time will have negligible impact on the 2026 budget since Spencer Majerus was hired mid-year (and not in January) and at Page 177 of 178a lower pay grade than the incumbent which also generates budget savings. Staff Recommendation • Motion to Approve Filling of Programmed 2027 Park Maintenance II - MEO Position in 2026 • Motion to Approve Hiring of Eric Kolles to the Position of Park Maintenance II - MEO Financial Impact: $117,955 Source Fund: 100-450-5200 Budgeted? No Supporting Documentation None Page 178 of 178