4.10. SR 09-08-2020Request for Action
To
Item Number
Mayor and Ci T Council
4.10
Agenda Section
Meeting Date
Prepared by
Consent
September 8, 2020
Suzanne M. Fischer, Director, Community Development
Item Description
Reviewed by
Participation in the MDA AgBMP Loan
Peter Beck, City Attorney
Program to secure funds for the Rolling Hills
Reviewed by
HOA Septic System Repair
Cal Portner, City Administrator
Action Requested
Affirm, by motion, a desire to offer special assessments as security for the AgBMP Loan Program in support of
improvements for Rolling Hills Home Owners Association septic system repair.
Background/Discussion
The Rolling Hills HOA subsurface sewer treatment system was installed in July of 2000. The community system
was designed for 29 single residential homes in the far northeastern corner of the city. The system needs
substantial repairs and in March of 2020, the HOA invested in $30,000 in maintenance.
In recent years, homeowners have experienced cracked pipes and tanks resulting in a discharge of raw sewage onto
the ground which is an imminent threat to public health and safety. This area has a high-water table with
numerous wetlands which are at high risk for contamination.
The City of Elk River was approached by the HOA to help secure loan funds from the Minnesota Department of
Agriculture AgBMP Loan Program. To do so, the City Council must indicate the support that the funds will be
secured by special assessment. The city will act as their lender.
Financial Impact
The HOA received a system repair quote is just under $460,000 from the contractor who did the March
maintenance. An additional $14,000 is required for soil borings and hydrologic assessments. The city would issue a
Tier 2 loan to the HOA, administer the special assessment process, and submit final documents to the County
Assessor's Office. Residents would be assessed $20,000 over 10 yrs. at 1.5% interest but can prepay if desired.
Project costs are reimbursed upon receipt of approved contractor invoices.
Mission/Policy/Goa
Sec. 30-1934. - On -site sewage treatment and water supply systems.
Attachments
■ MDA AgBMP Loan program information
■ MDA AgBMP Loan Program Participation Agreement for LGU's offering Special Assessment as Security
■ Rolling Hills HOA aerial map
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires pi ospei ly.
M
TUREJ
Updated.• August 2020
The AgBMP Loan Program provides low interest loans to farmers, rural landowners, and agriculture
supply businesses. The purpose is to encourage Best Management Practices that prevent or reduce
water quality problems.
� 1
The AgBMP Loan Program:
• Provides loans for projects that help reduce water
pollution.
• Provides loans up to $200,000 with 3% financing
for a max of a 10 year term.
• Can be used with cost share programs.
• Funding possible statewide.
0
Borrower
Starts Here
0
L
to
C
0
Borrower obtains
project approval from
local county contact.
Borrower obtains credit
appravaI from lender.
Borrower provides the
Borrower romplate the project
completed application,
or purchase, and obtains bills
along with the project or
or equipment purchase order,
purchase bills or equipment
purchase order.
Borrower must complete
Landers then write up a
an 3 steps In any order
conventional loan to the
before moving on.
borrower and distribute
the funding.
Who Can Get a Loan?
• Farmers
• Rural Landowners
• Ag Supply Businesses
What Do We Fund?
• Manure Storage area's
• Feedlot improvements
• Manure loading and Application
equipment
• Planting and Tillage equipment
• Erosion Control Practices
• Variable Rate Technology's
• New or upgrading Septic
Systems
• Buffers
• Any other practice that improves
water quality!
Please visit our website:
www.mda.state.mn.us/agbmploans
wdLender_CONTRACT_MASTER. DOTX
DE PARTMENT:Ag riculture
DATE:
TO:
FROM:
PHONE:
FAX:
E-MAIL:
August 26, 2020
Calvin Portner
Dwight Wilcox; Richard Gruenes
Ag BMP Loan Program
(651) 201-6618
(651) 201-6109
STATE OF MINNESOTA
Office Memorandum
Dwight.Wilcox@state.mn.us ; Richard. Greuenes@state.mn.us
SUBJECT: Statewide Multi -lender agreement with City of Elk River
Enclosed is the statewide lender agreement we discussed. Please review and call with any questions, otherwise we are
ready to proceed.
This one contract applies to all City of Elk River branches and offices under the same operational charter, regardless of the
number of offices or the counties where they are located. You could technically provide loans for eligible projects under
this program anywhere in the state. However, whether you offer a loan to any particular project is at your discretion. You
do not need to provide service to all portions of all counties.
If you choose to participate, you may sign this contract and return it tome. As required by state law, we will need your
Federal Tax ID and proof of Workers Compensation Insurance Coverage. Please write your Tax ID on the front cover page
of the agreement and include a copy of your Certificate of Coverage or the just the f ront page of your policy showing the
dates of coverage.
A couple of items:
1) The procedures to request funds are described in section VI. I have included an example of the
form we use to document the project, the county's approval, and your request of funds. Typically
we receive just two sheets of paper:
a. the completed "AgBMP Loan Application Form" form, and
b. a bill or invoice showing the project's incurred expenses
Lenders usually receive the funds from the MDA within two weeks.
2) Under this contract, repayments to the Department will begin within one year of when we send
funds to you, section VIII. After the first year, the actual repayment schedule depends on the terms
of the loans issued by you; however, we will bill you for the funds you should have collected in the
previous six months (based on the terms you reported to us) on 4/1 and 10/1 of each year. The
amount of repayment will follow the repayments you receive from borrowers.
3) The amount of repayment to the state will be calculated based on the cumulative total of all
outstanding loansfromall counties youwork with. Wewill send a single invoice forthe repayments
twice each year (VIII.B.).
4) Most lenders set up the program as a General Ledger Account showing the total obligation owed
the state. They often use a sub -account to hold principal repayments from the borrowers and the
loans themselves are flagged with a code to identify them with this program. We have a few lenders
that use a standard demand deposit account to track all transactions. Others simply create a zero
interest depository account increasing their depository pool from which the loan is issued.
Repayments to the MDA as billed by the MDA. You have great flexibility in how you track this
account.
5) We require only a single annual report that verifies the account balance, unless other problems are
identified. I have included an example copy of that form.
08/26/2020
Example Standard Application Form
D E PA R T M E N T OF Minnesota Department of Agriculture
AGRICULTURE I 625 Robert St, N., St. Paul, MN 5515"120
!u wisnda staea,tnn.us aahtnoloam
Agricultural Kr.A ManaEr.rncnt I>rarticrs L oan Program 651-201-6b18 Fag; G51-201-61(ig eMail. 69amp Loa,+#i�4#k t*,Mili U#
Ag B M P LOAN A PLICATI0N } Count+, : Select from Drop down
uned Fen � 61Ir iuis; rst I� I
Information_Lamiam-
sberl :
C�- Slele: SR Tded'arr.
if:r m PM wr& m TM and mr*m m &epr.rd op -sd r n on The &Kbw ft.
Project Information: On a Farm NorrFarm:F] r.naiaffi&-arrfinyidrrofaAard.7A axm nea.8xpined 0pr�cr.
86of de5m*bw of*W will hepunfused:,c, uckdrdkaI-e -.r;i•--r:.
Well Boss this praic# tnpiemant Ckinking Wa ar nl2l sr•:1-i
Eiglhl lily Does this prajmrt elimi nark Gruindwaler Palkmion''
IsthisapplicaionPotadty,unit, ororerrriwnkipal*t '
Is this applk-, t rotaGgwiman musrial wade Perr &
LOCAL GOVERNMENT APPROVAL alfP..,rParc�l
-tear us nrdhii a i`rraac-0irdrer Ere an .xa�x +saga +'f. .can �
Township #: ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑
Rare: ❑❑❑❑❑❑❑❑
won: ❑❑❑❑❑❑❑❑
-adt de: La^g niae:
---------------------
Pin or Parcel #:
Approved Loan Am-ount
$
Estimaled Total Project Cost jar sources)
nln' 3
Its o-1:G}AUL-gam d nift WhzbspNmkmW ertkp*
3s4nning�
Grdn
Primary Livestock
Dairy ❑ Beef [—]Swine ❑Other.
Selection 1 Selection 2
AFTERrM
Pcms -0�
Farmetl
Approval Expiration and Other Restrictions
Pm*dCyk n Cal3mid hrMFTIDPW: Usk_
(LGU's please email this filiable PDF form to the. borrowers chosen lender_)
(Most lender contact a -mails address can be found an the AgBMP mapping !col; click ODER CONTACTS LIB to find yourlendu email;
LENDER INFORMATION & LOAN TERMS
AgBW Laaa RequestGbKk
FW=rm ia � dEwDMng FL, ❑
(Optional) AddifiDnal Regtrmt #
r,lnalc orate
Huniaer of paynwals per year:
Total Number of Paymerrts:
Interest rate @F other 3 %J:
%
(O�eea� eon Pa�mertl Cole:
Lender Organization Name
Select Lender Name From drop down list
Lender AddreSS
Lender;,ignatm: D&F
Example Verification of Account Balance
Dave Kahlha mer Lender ID: 6321 Ph
Central Minnesota Credit Unioninvestorloanserwicing@mycmcu.org, andy mycmcu.org,
32U Main Steet E dawekmycmcu_org
Melrose, INN 5635
VERIFICATION OF ACCOUNT BALANCE
The Agricu Itural Best Management Practices Lawn Program req uires you to annua Ily report the status of your account with us. Please
complete Table 1, indicate the email of the person completing form; and return a copy of Page 1 of th is report by email to
AgBMP. Laans&tate.mn_us with in 30 days_ If you have any questions, please contact us to discuss the issues.
Table 1 shows the amount awed the AgEMP Loan Program based on CUR records_ This table shows the beginning balace (Row A),
what we have paid to you in the last 12 months (Row B) and what you have repaid to us (Row C), and the ending balance (Row D).
Please verify that your record of transactions between us match the AgBMP records. If there are differences. you may give us a call
or provide additional information that will assist us in reconciling the differences. If your transactions match ours, indicate this by
checking the checkboxes below. Row E shows what YOUR borrowers awe you. Because your BORROWERS are repaying an a
d ifferent schedu le than wha! yc u repay us, what you awe us (Raw D) is seldom the same as what your borrowers owe you (Rtywr E).
Table 1_ Summary of Funds Owed to the AgBMP Loan Program
AgBMP Records Lenders Records Latch
A Begining pnncipa I owed to AgBMP Loan Program from Lender as
;1,073,549 B0
of
ElOfi30f2019.
B. Disbursements from AgBINP (State of MN) to Lender {7f112018 to
$321, OJI110
613012019_ See Table 2_
❑
C_ Repaym ent to }AgBMP Loan Program for the penod of 7MI2018 to
$402,787.90
613012019_
El
D. Ending principal owed to AgBMP Loan Program from Lender as of
5991,T71.90
613012019_ See Table 7_
❑
Please call -or email us if your values do net match our values_
Exceptions and comments:
What is the remaining total PRINCIPAL OWED by all YOUR
ZOWERS to YOU as of 6 2019 for all loans through this 1, 065,771.90
ern? This number is SELDOM the same as row D_
vu
Qkn
ani
F. W11en You make payments to us, do you SWEEP the account of all repaid :SWEEP INVOICE AMOUNT
principal on hand OR pay the INVOICED AMOUNT due on the semi-annual billings i 1:1
1 El
Email of person completing Verification Farm:
imrestodoanservicing@ mycmcu.arg
Data: 08 1 09 12019
SCAN and return by emai I to: AQ BMP.Loa ns atate.mn.us
Brief Summary of the AgBMP Loan Program
Many of the state's local Soil and Water Districts and County Environmental Offices are cooperating
with the Minnesota Department of Agriculture in offering a low interest loan program to encourage
farmers and landowners to implement practices that prevent pollution and improve water quality. All
financial institutions offering loans are invited to participate in this program, providing service to the
local community, and helping to protect our environment.
Basically, the Department of Agriculture will provide funds to lenders at no cost for any eligible loans
you issue under this program. We can fund septic systems, wells, purchase of conservation tillage
farm equipment, agricultural waste storage basins, manure handling and application equipment,
erosion control structures such as terraces, gully repairs, and sedimentation basins, and odor control
methods. Nearly any practice that prevents pollution is eligible, though the project must first be
approved by the participating local government unit (SWCD or County Environmental Office).
Once the initial eligibility is determined by the local government, the client would be referred to any of
the participating local lenders who would determine the creditworthiness of the client and the project.
The local lender has full discretion to approve or deny a loan and can select the types of projects they
will support. Although the primary target of the program is farmers, ate[ rural landowner is eligible
whether or not they farm (local governments define "rural", in addition we have funds that can be used
anywhere). Lenders are not required to issue a loan even if the project is approved by a county.
Loans may be issued up to a maximum of $200,000 and for a maximum term of 10 years. The lender
determines all other loan conditions such as repayment schedule, equity requirements and collateral.
The interest rate to a borrower is limited to 3% of the outstanding balance. Lenders may also charge
their usual and customary closing fees, provided the fee is consistent with fees assessed to other
similar loans offered by the lender. The lender receives the funds from the MDA at 0%.
As the lender, you would be obligated to repay the Department. Typically, you would make semi-
annual repayments to the Department approximately equal to the amount of principal repayment you
have received from borrowers. The actual repayment schedule would be based on the terms at time
of closing for the individual loans you issue. The Department will consolidate all loans through your
organization and provide periodic invoices for repayment usually due on 4/1 and 10/1 of each year,
starting within one year after the loan has been closed.
To date, this program has provided $220 million for over 13,000 loans.
If you choose to participate, this agreement is valid for projects anywhere in the state and not limited
to any specific county. If you have other branches under the same charter, they can participate under
this contract as well.
In addition to the interest rate and fees, this program can provide several other significant benefits to
you:
❖ You can add this low interest loan program to your portfolio of loan products to better serve and retain
your current clients.
❖ Additional customers maybe referred to your organization through the program.
❖ You maybe able to provide special promotions to solicit new customers.
❖ You maybe able to include this program as apart of your community service efforts.
This program has proven to be a valuable tool that promotes conservation and improves water quality
across Minnesota. Your participation will help implement the State and local water quality goals with
a community -service perspective.
If you have any questions, please call me at the above telephone number.
08/26/2020 1
LENDERAGREEMENT BETWEEN THE
MINNESOTA DEPARTMENT OF AGRICULTURE AND
CITY OF ELK RIVER
AGBMP LOAN PROGRAM
AGREEMENT # M0005
LENDER Name and Address:
Calvin Portner
City of Elk River
13065 Orono Parkway NW
Elk River, MN 55330
LENDER Contact and Phone Number:
Calvin Portner Phone: (763) 635 1001
Fax:
Federal Tax ID#: Email: cportner@elkrivermn.gov
Minnesota AgBMP Loan Program 2
LENDERAGREEMENT BETWEEN THE
MINNESOTA DEPARTMENT OF AGRICULTURE AND
CITY OF ELK RIVER
AGBMP LOAN PROGRAM
21111:406M 4
The purpose of this agreement between the Minnesota Department of Agriculture (the DEPARTMENT) and City of Elk
River (the LENDER) is to enable the LENDER to be a participating local lender under the Agricultural Best Management
Practices Loan Program (the AgBMP LOAN PROGRAM) as provided under Minn. Stat. § 17.117 and to establish
procedures to implement the AgBMP LOAN PROGRAM asset forth in this agreement. This agreement shall serve as a
lender agreement in accordance with Minn. Stat. § 17.117, subds. 9b and 10.
II. AUTHORITY
A. This agreement is made pursuantto Minn. Stat. § 17.117.
III. GENERAL PROVISIONS
A. The DEPARTMENT hereby commits, subject to the conditions of this agreement, to provide funds to the
LENDER to make direct loans on behalf of the DEPARTMENTto eligible recipients (BORROWERS) for eligible
practices that remediate or mitigate non -point source pollution, adverse environmental impacts, and other
eligible activities as defined in Minn. Stat. § 17.117 orthe guidelines of the funding source used to capitalize the
loan. The projects must be approved by a local unit of government that has entered into an AgBMP LOAN
PROGRAM allocation agreement with the DEPARTMENT and has funds remaining under its allocation from the
DEPARTMENT. All funds provided by the DEPARTMENTto the LENDER under this agreement must be repaid
to the DEPARTMENT by the LENDER on behalf of the BORROWERS.
B. The LENDER shall act as agent of the DEPARTMENTto evaluate the creditworthiness of
BORROWERS and shall service any loans made by the LENDER to BORROWERS for approved projects on
behalf of the DEPARTMENT. The LENDER shall guarantee full repayment to the DEPARTMENT for loans to
BORROWERS issued under the AgBMP LOAN PROGRAM.
C. In areas where there is no LOCAL GOVERNMENT UNITto review and certify projects under the
AgBMP LOAN PROGRAM, the DEPARTMENT may designate itself as the LOCAL GOVERNMENT UNIT,
fulfilling all responsibilities required of the LOCAL GOVERNMENT UNIT under Minn. Stat. § 17.117.
D. The effective date of this agreement or future amendments shall be the date of last signature for
agencies of the State of Minnesota. This agreement shall remain in effect until the date of final repayment of all
disbursements received by the LENDER underthis agreement.
E. Attachment A to this agreement sets forth additional conditions and limitations on the use of funds under
the AgBMP LOAN PROGRAM and is hereby incorporated into this agreement. The DEPARTMENT shall
prepare amendments to Attachment as often as required to document and define changes in funding,
schedules, project eligibility, procedures or applicable requirements of governing state and federal law or
regulation. Amendments to Attachment A shall apply to all projects that are approved by the LOCAL
GOVERNMENT UNIT after the effective date of the amendment.
F. All parties to this agreement acknowledge that other lenders approved by the DEPARTMENT and
cooperating in the AgBMP LOAN PROGRAM may access undisbursed funds allocated to LOCAL
GOVERNMENT UNITS. All funds received by other lenders will be solely the responsibility of the other lenders
and shall not increase the amount due from the LENDER.
G. This agreement shall apply to and govern all transactions related to the LENDER'S participation in
AgBMP Loan Program, regardless of the statutory authority that the LENDER is acting under, including but not
limited to LENDERS acting as Drainage Authorities, Housing Authorities, and Community Development
Authorities. Multiple agreements with the same LENDER acting under multiple authorities is not required.
IV. TERMS FOR FUNDS DISBURSED TO LENDER
A. The LENDER shall establish a non -revolving zero -interest principal account for this program. All
disbursements from the DEPARTMENTto the LENDER, loans issued to BORROWERS, and payments made
by the LENDER to the DEPARTMENT underthis program must be identified as transactions under this
program. The LENDER may not charge the DEPARTMENTany fees in connection with the principal account.
The principal account may be divided into sub -accounts and the LENDER may establish its own procedure to
account for transactions to and from this account.
Minnesota AgBMP Loan Program
B. The DEPARTMENT shall make disbursements to the LENDER equal to the amount of loans made by
the LENDER to BORROWERS on behalf of the DEPARTMENT that comply with the requirements of Section V
of this agreement.
C. Any interest earned on outstanding loan balances from BORROWERS shall become the property of the
LENDER and must not be deposited into the principal account.
D. The DEPARTMENTS commitment to provide funds under the AgBMP LOAN PROGRAM is subject to
the availability of funds.
E. The LENDER shall repay all funds provided to the LENDER by the DEPARTMENT in accordance with
Section VIII of this agreement.
V. TERMS OF LOANS TO BORROWERS
A. The LENDER may make loans under the AgBMP LOAN PROGRAM only to projects and expenses
approved by a LOCAL GOVERNMENT UNIT.
B. The LENDER may make loans to BORROWERS through the AgBMP LOAN PROGRAM, provided that:
1. The amount of the loan to an individual BORROWERdoes not exceed the maximum authorized under
MN Statutes 17.117;
2. The total amount of all loans made from the AgBMP LOAN PROGRAM for a single project does not
exceeds the maximum authorized under MN Statutes 17.117, regardless of the number of
BORROWERS participating in the single project, and;
3. The cumulative outstanding balance of all loans that the BORROWER has received through the
AgBMP LOAN PROGRAM, including the proposed project loan, does not exceed the maximum
authorized under MN Statutes 17.117 at anytime.
C. The LENDER shall not make loans for expenses to implement projects that have not been approved by
the LOCAL GOVERNMENT UNIT.
D. The LENDER shall use the criteria listed in this agreement, Minn. Stat. § 17.117, rules and guidelines of
the funding sources used to finance the loan, and other criteria and requirements that it deems necessaryto
determine whether and under what terms it will make a loan for an approved project.
E. The LENDER may charge BORROWERS interest at a rate up to 3 percent per annum, plus fees,
provided that:
1. The fees are in compliance with normal and customary practices of the LENDER;
2. The fees are in accordance with published fee schedules issued by the LENDER;
3. The fees are not based on participation in the AgBMP LOAN PROGRAM; and
4. The fees are consistent with fees charged for similar types of loans that are offered by the LENDER.
5. The interest and fees for LOCAL LENDERS issuing loans under ordinances authorized by Minn. Stat.
§ 115.57 shall be limited to the provisions of the applicable Minn. Stat. § 115.57 ordinance.
F. Loans made by the LENDER to BORROWERS shall not exceed the maximum maturity term authorized
under Minn. Stat. § 17.117.
G. The LENDER shall insure that loans made under the AgBMP LOAN PROGRAM are used for payment
of, or reimbursement for, the eligible incurred costs of the projects as approved by the LOCAL GOVERNMENT
UNIT.
H. The LEND ER may require collateral or security for the loan to the BORROWER.
I. The LENDER shall withhold disbursements to BORROWERS in accordance with the LOCAL
GOVERNMENT UNITs instructions when so instructed.
J. The LENDER shall require BORROWERS to begin repayment of loans received through the AgBMP
LOAN PROGRAM within one year of the date that the loan was made by the LENDER.
K. The principal portion of each repaymentfrom a BORROWER shall be identified as transactions under
the account established for this program.
L. The LENDER shall coordinate loans made underthe AgBMP LOAN PROGRAM with the LOCAL
GOVERNMENT UNIT and with other state and federal financial assistance provided for the same project. The
LENDER may make interim construction loans through the AgBMP LOAN PROGRAM for the full cost of the
project within the limits of this agreement until other state and federal financial assistance is received. However,
the LENDER shall require BORROWERS to immediately repay AgBMP Program loans for expenses for which
they have received other state or federal reimbursement or loans. The combined total of all state and federal
Minnesota AgBMP Loan Program 4
grants and loans received by the BORROWER, including loans made through the AgBMP LOAN PROGRAM,
must not exceed the total cost of the project.
M. The LENDER may make assumable loans to eligible BORROWERS for approved projects. However,
the LENDER shall not allow the sale, lease or transfer of any part of projects for which they have made a loan if
such sale, lease or transfer would:
1. Violate the conditions or requirements of the originating source of the funds from the DEPARTMENT,
or
2. Otherwise violate any terms or conditions of this agreement.
VI. DISBURSEMENTS OF FUNDS
A. The DEPARTMENT shall prescribe forms to be used for project approval, certification of completion and
requesting disbursement of funds. These forms may request information to identify, locate, categorize,
determine eligibility, assess benefits of projects, designate the intended source of funding, other anticipated
state and federal financial assistance, the length of the loan, frequency of repayment, the anticipated date of first
payment by the BORROWER, the total cost of the project and other pertinent information related to the
eligibility, location, benefits, or financing of the project. The LENDER shall provide the requested information to
the best of its knowledge. All information provided by the LENDER shall be considered public.
B. The DEPARTMENT shall disburse the funds to the LENDER based on the following conditions:
C. The LENDER shall s ubmit d is bursements requests to the DEPARTMENT. The disbursement request
consists of:
The completed prescribed forms, and;
2. Documentation supporting that the costs have been incurred, such as bills, invoices; purchase
agreements for equipment; or other documentation approved by the DEPARTMENT.
3. A representative of the LOCAL GOVERNMENT UNITwith the authority to approve projects
must signthe disbursement requestform, certifying that the project was approved and eligible under the
AgBMP LOAN PROGRAM.
D. The LENDER may submit requests for disbursements whenever:
1. The total disbursements requested exceed $5,000, or;
2. Upon completion of a project.
3. The project does not have to be completed at the time of the disbursement request, although
the cost must have been incurred.
E. The DEPARTMENT shall review disbursement requests and notify the LENDER and the LOCAL
GOVERNMENT UNIT of any discrepancies. The DEPARTMENT may withhold disbursement of funds until all
discrepancies have been corrected. The DEPARTMENT shall deny disbursement requests for ineligible
projects.
F. Each request by the LENDER for disbursement shall constitute a certification by the LENDER to the
effect that all representations and covenants made in this agreement remain true as of the date of the request
and that no material adverse developments affecting the financial condition of the LENDER or its ability to repay
the funds have occurred since the date of this agreement, unless specifically disclosed in writing by the
LENDER in the request for disbursement.
G. The DEPARTMENT may, at anytime, review and audit the LENDER'S disbursement requests made
under this agreement. The DEPARTMENT may make adjustments for errors and discrepancies discovered in
audits or other reviews of requests for disbursement including, but not limited to, adjustments for mathematical
errors, items not in fact provided or constructed, services not in fact provided, loans to ineligible projects, or
construction which does not meet acceptable standards.
VII. SECURITY FOR THE FUNDING PROVIDED BY DEPARTMENT
SPECIAL ASSESSMENT
A. The DEPARTMENTS commitment to disburse funds under this Agreement is specifically conditioned on
the DEPARTMENTfirst receiving from the LOCAL LENDER evidence that:
Minnesota AgBMP Loan Program
The LOCAL LENDER will secured the debt in this Agreement by directing that a special
assessment be assessed to all properties receiving benefit from a loan issued under this program
f rom the LOCAL LENDER and that the revenues from the special assessment be credited toward
repayment of funds disbursed under this agreement.
2. The LOCAL LENDER has established policies to issue and certify the special assessment in
accordance with applicable state and local regulations and statute.
VIII. REPAYMENT TO THE DEPARTMENT
A. The LENDER shall repay the DEPARTMENT all f unds disbursed to it under the AgBMP LOAN
PROGRAM in accordance with the consolidated repayment schedule provided by the DEPARTMENT. The
DEPARTMENT may prepare modifications to the consolidated repayment schedule at anytime to include the
repayment of all funds due from the LENDER.
B. For each disbursement to the principal account, the DEPARTMENTshall prepare a preliminary
repayment schedule calculated based on the terms of the individual loans made to BORROWERS. The
DEPARTMENT shall provide the preliminary repayment schedule to the LENDER if requested. The
DEPARTMENT shall consolidate the preliminary repayment schedules of all loans with outstanding balances
into a consolidated repayment schedule with semiannual payments dates of April 1 and October 1 of each year.
The consolidated repayment schedule shall show the minimum amount due in aggregate by the lender on the
respective payment date regardless of the amount paid by BORROWERS. Designation of payments by
borrower is not required under this agreement.
1. The consolidated repayment schedule shall provide for the full repayment of all funds due to the
DEPARTMENT.
2. The LENDER shall make payments to the DEPARTMENT in accordance with the consolidated
repayment schedule.
C. The LENDER may prepay the funds, in whole or in part without penalty. The LENDER may designate
specific loans to be credited with any prepayments.
D. The LENDER may establish the principal account as a sweep account and repay to the DEPARTMENT
all principal repaid by BORROWERS. The amount paid under this option shall not fall behind the consolidated
repayment schedule and shall be credited to the next and subsequent regularly scheduled payment dates. The
LENDER is not required to designate specific loans to be credited when prepayments are made.
E. The DEPARTMENT may charge the LENDER a late fee of 2 percent of the amount due for each month
or part thereof that repayments are received or postmarked more than 15 days after the scheduled repayment
due date. If the LENDER fails to repay the DEPARTMENT in accordance with provisions of this agreement or if
the repayment and late fees from the LENDER are not received by the DEPARTMENT within six months of the
due date, the DEPARTMENT may demand immediate full repayment of the entire principal amount disbursed to
the LENDER.
F. The LENDER shall immediately repayto the DEPARTMENTany disbursements received for projects or
costs found to be ineligible.
G. If a BORROWER fully satisfies its loan obligation ahead of the preliminary repayment schedule by more
than one year, the LENDER shall repay the corresponding balance at the next scheduled repayment date.
H. The LENDER, as guarantor, shall bearfull responsibility for collecting repayments from BORROWERS.
If a BORROWER defaults on a loan made by the LENDER, it is the responsibility of the LENDER to obtain
repayment from the BORROWER. Default on the part of BORROWERS shall have no effect on the LENDER'S
responsibility to repay its obligations to the DEPARTMENT whether or not the LENDER fully recovers defaulted
amounts from BORROWERS.
IX. LENDER WITHDRAWAL FROM THE PROGRAM
The LENDER may withdraw from the AgBMP LOAN PROGRAM by providing written notice to the
DEPARTMENT at least 30 days prior to withdrawal. The written notice of withdrawal shall also include
repayment to the DEPARTMENT of all funds in the principal account at the time of withdrawal. Upon notice of
Minnesota AgBMP Loan Program
withdrawal, the DEPARTMENT shall calculate a final repayment schedule of the outstanding balance in
accordance with Section V I I I of this agreement.
X. DISQUALIFICATION AS COOPERATING LENDER
A. The DEPARTMENT may disqualify the LENDER for submitting additional disbursement requests under
this agreement if the LENDER fails to comply with Minn. Stat. § 17.117 or this agreement. In addition, the
DEPARTMENT may require the immediate repayment of any funds held by the LENDER in the principal
account and the repayment of the outstanding balance in accordance with the requirements of this agreement.
The DEPARTMENT shall calculate a revised repayment schedule of the outstanding balance in accordance with
Section VIII of this agreement.
B. The LENDER shall pay the DEPARTMENT, on demand, the reasonable fees and expenses including
attorney's fees (including without limitation the reasonably allocated costs of legal staff) incurred by the
DEPARTMENT in the collection of payments or any other sums due hereunderfrom the LENDER or in the
enforcement of performance or observance of any obligation by the LENDER of this agreement.
XI. LIABILITY OF THE DEPARTMENT
A. It is expressly understood and agreed that the DEPARTMENTwill be under no liability of any kind or
character whatsoever for payment of costs in connection with the proposed projects orfor the carrying out of
contracts entered into by the LENDER with third parties. All costs arising as a result of any act by the LENDER
shall be paid by the LENDER, and the LENDER shall indemnify, save, hold harmless and defend the
DEPARTMENT from any such actions, suits, liens, or claims whatsoever in connection with the projects to be
performed under this agreement.
B. The LENDER agrees to indemnify and save and hold the DEPARTMENT and the State, its agents and
employees, harmless from any and all claims or causes of action arising from a violation of any provision of
Minn. Stat. § 13.01-13.99 by the LENDER.
C. The LEND ER ag rees to exert all reasonable efforts to investigate claims that it may have against third
parties with respect to the construction of projects and, in appropriate circumstances, take whatever action,
including legal action that it reasonably determines to be appropriate.
XII. AFFIRMATIVE ACTION, WORKER'S COMPENSATION, DATA PRIVACY
A. The LENDER, if not otherwise exempted, shall have received a certificate of compliance from the
Commissioner of Human Rights pursuant to Minn. Stat. § 363A.36. The parties agree that Minn. Stat. §
363A.36 is incorporated into this agreement by reference.
B. The LENDER shall complywith the workers' compensation insurance coverage requirement of Minn.
Stat. §176.181,
SPECIAL ASSESSMENT
B. The DEPARTMENT'S commitment to disburse funds under this Agreement is specifically conditioned on
the DEPARTMENTfirst receiving from the LOCAL LENDER evidence that:
1. The LOCAL LENDER will secured the debt in this Agreement by directing that a special
assessment be assessed to all properties receiving benefit from a loan issued under this program
f rom the LOCAL LENDER and that the revenues from the special assessment be credited toward
repayment of funds disbursed under this agreement.
2. The LOCAL LENDER has established policies to issue and certify the special assessment in
accordance with applicable state and local regulations and statute.
C. .2.
D. The DEPARTMENTand the LENDER agree to comply with the Minnesota Government Data Practices
Act as it applies to all data created, gathered, generated or acquired in accordance with Minn. Stat. § 17.117 or
this agreement.
XIII. CIVIL RIGHTS AND MINORITY BUSINESS ENTERPRISES/WOMEN BUSINESS
ENTERPRISES
A. Neither the LENDER nor those with whom BORROWERS contract for all or part of the work to be
performed underthis agreement shall, because of age, sexual orientation, political affiliation, race, color, creed,
religion, national origin, sex, marital status, status with regard to public assistance or disability, discriminate
against any person with respect to hire, tenure, compensation, terms of employment, upgrading of employment,
Minnesota AgBMP Loan Program
facilities, privileges or conditions of employment; refuse to hire persons seeking employment; or discharge an
employee.
B. Neither the LENDER nor those with whom BORROWERS contract for all or a portion of the work to be
performed under this agreement shall exclude any person from participating in, deny them the benefits of, or
discriminate against them on the basis of race, color, creed, religion, national origin, sex, marital statutes, age,
sexual orientation, political affiliation, or status with regard to public assistance or disability.
XIV. RECORD KEEPING AND AUDITING
A. For all disbursements made through the AgBMP LOAN PROGRAM, the LENDER shall keep financial
records in accordance with generally accepted accounting principles including invoices, contracts, receipts,
vouchers and other documents sufficient to evidence in proper detail the nature and propriety of the
expenditures. It shall provide a copy of the certified audit report of its financial statement and and it opinion
when requested by the LOCAL GOVERNMENT UNIT or the DEPARTMENT.
B. The DEPARTMENT, the Department of Trade and Economic Development, the Legislative Auditor, the
Off ice of the State Auditor, and other appropriate agencies of the State of Minnesota shall have access to and
the right to examine books, records, documents, and accounting procedures and practices relevant to any loan
made by the LENDER under this agreement for six years from the final payment of the loan by a BORROWER.
Mkv�_1►1Ll111_1aN4101:4&
A. The LENDER shall provide to the DEPARTMENT by August 1 of each year:
1. A statement of account for the principal account showing the deposits, withdrawals, and any other
transaction involving the principal account for the prior 12 months, as of June 30.
2. Certification that all required covenants of this agreement have been maintained.
XVI. SPECIAL CONDITIONS AND OTHER PROVISIONS
A. The LENDER warrants that there is no material adverse information relating to this agreement known to
the LENDER that has not been disclosed to the DEPARTMENT.
B. The LENDER warrants that to the LENDER'S knowledge, no litigation exists, and no litigation has been
threatened, which would cast doubt on the enforceability of the LENDER'S obligations under this agreement.
C. The laws of the State of Minnesota shall govern this agreement, Attachment A, and any amendments
thereto. The venue for all legal proceedings arising out of this agreement, or breach thereof, shall be in the
state or federal court with competent jurisdiction in Ramsey County, Minnesota.
D. The LENDER hereby assigns to the State of Minnesota any and all claims for overcharges as to goods
or services provided for in this agreement resulting from antitrust violations that arise under the antitrust laws of
the United States and the antitrust laws of the State of Minnesota.
E. The LENDER shall include in any contract or subcontract related to the AgBMP LOAN PROGRAM, in
addition to the provisions to define a sound and complete agreement, such provisions that also assure
contractor and subcontractor compliance with applicable state and federal laws.
F. The LENDER shall not use federally appropriated funds to pay any person for influencing or attempting
to influence an officer or employee of a federal agency, a member of Congress, an officer or employee of
Congress or any employee of a member of Congress in connection with the awarding of any federal contract,
the making of a federal grant, the making of a federal loan, the entering into of any cooperative agreement or
the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or
cooperative agreement. If the LENDER uses non-federal funds to conduct any of the aforementioned activities,
it shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying." It shall provide to the
DEPARTMENT a certification to this effect at the time that it signs this agreement and shall forward disclosure
forms to the DEPARTMENT at the time that it executes such forms. Further, the LENDER shall include the
language of this provision in all contracts and subcontracts exceeding $100,000, and all such contractors and
subcontractors shall comply accordingly.
G. Minn. Stat. § 17.117, the rules and guidelines from other funding sources used to finance projects under
this agreement, this agreement, and Attachment A contain the entire understanding between the parties, and
there are no other understandings or representations other than as set forth, or incorporated by reference,
herein. Amendments to Minn. Stat. 17.117, other applicable Minnesota statute and rules, and rules and
guidelines of the appropriation authority shall supersede any conflicting language in this agreement,
attachments, and amendments and shall be effective upon enactment. No subsequent amendment(s) to this
agreement shall be of any force or effect unless in writing, signed by representatives of the parties or
subsequent assignees except of the following changes:
Minnesota AgBMP Loan Program
H. The DEPARTMENT may change the repayment schedule in accordance with Section A of this
agreement by providing written notice of such changes.
I. This agreement shall be binding upon and inure to the benefit of the successors and permitted
assignees of the parties. Prior to the transfer of this agreement to successors or assignees, the LENDER shall
notify the DEPARTMENT in writing of the pending transaction and implement requirements for transfer of this
agreement or withdrawal from this program.
J. In the event that any covenant, condition or provision of this agreement is held to be invalid or
unenforceable by a final judgment of court of competent jurisdiction or if provisions of Minn. Stat. § 17.117, Title
VI of the Clean Water Act, 40 CFR part 35, or other applicable state or federal law or regulation is amended, the
invalidity or conflicting provisions thereof shall in noway affect any of the other covenants, conditions, provisions
hereof. If there is a change instate or federal law or regulation, the changed state or federal law or regulation
shall take precedence over the provisions of this agreement.
K. The DEPARTMENT and the LENDER accept and agree to comply with all terms, provisions, conditions
and commitments of this agreement and attachments, including all incorporated documents, and to fulfill all
assurances, declarations, representations and commitments made in the application, and accompanying
documents and communications filed in support of the request for these funds. The terms of Minn. Stat. 17.117,
other applicable Minnesota statute and rules, and rules and guidelines of the appropriation authority shall
supersede any conflicting language in this agreement, attachments, and amendments.
L. The DEPARTMENT and the LENDER acknowledge their assent to this agreement and agree to be
bound by its terms through their signatures entered below.
APPROVED: APPROVED:
FORTHE LENDER: Commissioner of Administration
LENDER certifies that the appropriate persons) have executed the
By.
Contract on behalf of the LENDER as required by applicable articles,
by-laws, resolutions, or ordinances.
Date:
By:
Title:
City of Elk River Representative
Date:
APPROVED:
Commissioner of Agriculture
By:
Date:
This instrument drafted by: Minnesota Department of
Agriculture, St Paul, Minnesota 55155
Minnesota AgBMP Loan Program
AGREEMENT # M0005
ATTACHMENTA
DATE 08/26/2020
I. Additional Conditions and Limitations on the Use of Funds Through The AgBMP LOAN
PROGRAM
All projects funded under this contract must comply with the following restrictions:
A. The LOCAL GOVERNMENT UNIT shalI determine borrower eligibility, project eligibi I ity, and eligible costs related
to the implementation of the projects. In addition, only those costs associated with components that have a direct
effect of preventing, containing, collecting, abating, or treating pollution sources are eligible.
B. Projects maybe approved for financing anytime before the project is determined by the LOCAL GOVERNMENT
UNIT to be complete. A project is considered complete when all expenses related to the project's implementation
have been incurred, final conventional finance has been issued by traditional financial institutions, and all
conventional loan proceeds have been disbursed. Bridge loans, construction loans, and dealer financing are not
considered final conventional financing.
C. The LENDER certifies that they have maintained all covenants and eligibility requirements of the Agreement and
pledge to maintain those covenants as required in the agreement.
Minnesota AgBMP Loan Program 10
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Parcel ID 75-664-0010 AlternatelDnAa Owner Address ROLLING HILLS HOMEOWNERSASSOC
5eclTwp/Rng 1-33-26 Class 600-Assessed Elsewhere CfODAWN REIMER
Prope rtyAddress Acreage 2.61 9840226THCTNW
ELK RIVER MN 55330
District ELK RIVER CITY
Brief Tax Description n/a
https;//beacon,schneidercorp.com/Application,aspx?AppID=133&LayerlD=1660&PageTypelD=1 &Pag elD= 903&KeyValue=75 -664-0010#
ATTN: City of Elk River
The Rollings Hills HOA in Elk River (PID 75-644-0010), is a 29 parcel HOA in NW Sherburne
County. Our SSTS was installed in 2000 but it is in significant need of repair.
We are asking if the City of Elk River would consider being a 'Lender' to enable us to obtain a
loan through the AgBMP Loan Program. We understand that each individual parcel
would be assessed based on its respective repair cost.
All but 3 of the homeowners agree that system repairs are critical, and have signed the petition
of waivers. Their applications have been submitted to the Sherburne County SWCD as required.
We are hopeful to develop a collaborative working relationship with this project.
Thank you.
Rolling Hills HOA Board Members
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Petition for Local Improvements (100 percent of property owners)'
Elk River, Minnesota S aSI 2020
To the City Council of Elk River, Minnesota:
We, all owners of real property in the Rolling Hills HOA, PUD 75-664-0020 in Elk River,
Minnesota, hereby petition that such subsurface sewage treatment system be replaced by
U MPCR Lic n514 urs p d Vpursuant to Minnesota Statutes, Chapter 429, and that the city assess
the entire cost of the improvement against our property described below and hereby agree to
pay the entire cost as apportioned by the city.
Owner Signature
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Examined, checked, and found to be in proper form and to be signed by the required number of
owners of property affected by the making of the improvement petitioned for.'
City Clerk
The city can use Forms 1 and 2 where all landowners agree to being assessed the entire cost of the project
When the petition is by the 'owners of all" real property, no hearing or notice as mentioned in Form 5 below is
required by the statute. In that case, the council must still pass a resolution similar to Form 4 below, but in the first
paragraph "all owners" should be substituted for the words "required percentage of owners." The validity of this
resolution is made incontestable by any taxpayer, property owner, or the municipality unless an action for that
purpose is commenced within 30 days after adoption of the resolution. (Minn. Stat. § 429.031, subd. 3.)
Unlike cases where the petition is by fewer than all property owners, no publication of this resolution seems to be
required by the statute. However, to avoid misunderstanding by some property owners and possible objections to
assessments at later stages of the proceedings, the city may prefer to mail a copy of this resolution to each owner.
Additionally, the city in such cases may want to secure waivers of objections and rights to appeal (see Form 2) from
each owner on conditions permitted by Minn. Stat. § 462.3531. The council is then in a good position to make
expenditures for plan and specification preparation and solicitation of bids, without risk to the general treasury.
Fill in with appropriate phrase, such as "asphalt surfacing," "bituminous surfacing," "installation of curbs and gutters,
"the construction of water mains therein," etc. See Part I of the Guide for the list of projects under which special
assessments may be levied pursuant to the improvement code.
Section 429.031, subd. 3 requires that certain petitions by 100 percent of owners be accompanied by additional
documentation. See that section for requirements related to petitions for city -owned or privately -owned fire protection
systems, pedestrian skyway systems, on -site water contaminant improvements.
pg. 2 Petition for Public Improvements - Rolling Hills HOA 8.2020