Don Allen - Edited

8/8/2019 Don Allen - Edited

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North Minneapolis Fair Commerce Task Force--"--."-\ 1L){) /i llo ur

A community benefits agreement, or CBA, is a private contract betvreen a developerand a community coalition that sets forth the benefits that the community willreceive from the development. Common benefits include living wages, local hiringand training programs, affordable housing, environmental remediation and funds forcommunity programs. CBAs ensure that development is equitable and benefits allmembers of the community, eventually contributing to stronger local economies,livable neighborhoods and increased public participation in the planning process.

This Community Benefits Agreement shallbe between:The North Minneapolis Fair Commerce Task Force, on behalf of North Minneapolisand the developers of the Minneapolis Public Schools - District 1 Headquarters:llinneapolis Public SchoolsSuperintendent Bernadiea JohnsonMPS Board of Directors807 Broadway Avenue NEMinneapolis, Minnesota 554

Catalyst Community PartnersStu Ackerberg - PrincipalCalhoun Center, Suite 103033 Excelsior BoulevardMinneapolis, Minnesot a 5 5 41 6

M.A. Mortenson ConstructionM. A. Mortenson, Jr., ChairmanTom Gunkel, Chief Executive 0fficerand President700 Meadow Lane NorthMinneapolis, Mimes ot a 5 5 422- 4899

Legacy ConstructionArchie Givens, CEO and Director7151 York Avenue SouthEdina, Minnesoia 55435


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Community Benefits Agreement between the North Minneapolis Fair Commerce TaskForce and Minneapolis Public Schools District ftreidquarters Development*Prepared Lry: Donald w.R. Allen, II - 6 i 2-_996-0i) I Okhvraclon(4;gmail.coniCommunity Benefits AgreementIntroductionSite-specific,ld,ommunity$onefitsAgreements (CBAs) ensure that particular projectscreate opporfunities for local workers and communities. Often, however, these piojectschange the city's development paradigm: when decision makers realize what well-"considered projects with specific benefits attached can bring to the community, theQtyenacts community benefits policies that set the stage for lifting thousands of people out ofpoverty' Multi-parcel development standards and community benefits standaids are twory*pes of these poiicies.Economic Development and Community Benefit AgreementsEclnomic DevelonmentAlalysis: Economic development is fypically tied to "incentives,'in the form ofsubsidies, such as tax credits, industrial revenue bonds. loan guarantees, enterprise zones,tax increment financing (TIF), preferential uti1iry. rates, and low-interest pubiic loans.State governments, regional development authorities and municipalities io attract industryand advance industrial poiicies offer these subsidies.More and more states and communities are demanding that such subsidy programs betransparent, with regular disclosure of the amount and nature of subsidies received, andthat there be accountabiliry. They are also demanding high-qualiry jobs in return for thispublic support. Other standards may also be mandated, either for all companies receiyinga particular subsidy, or on a case-by- case basis for company-specific development deals.Rationale: The goal of legisiation affecting economic development is to ensure thatpublic money is not wasted. This not only means making developers and industryaccountable for the promises they make in order to secure subsidies, but also ensuringthat taxpayer-funded subsidies are not wasted on poorly paying jobs that drive downcollectively bargained wages and worker protections.For example, companies who are given subsidies in exchange for promised jobs shoulddisclosure exactly what kind ofjobs they will create. And they should be required toreturn subsidie. when promised jobs do not materialize. Moreover, cash- strappedcommunities should not be subsidizing companies that employ large numbers if workersat wages so low that they qualifu for public assistance and are forced to rely on publichealth prograns that taxpayers also pay for.Elements: /-l\.\i /,' \''...-1,


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Community Benefits Agreement between the North Minneapolis Fair Commerce TaskForce and Minneapolis Public Schools District Headquarters Development*Disclosure: Effective disclosure requires annual, company-specifi c, deal-specific,publicly available repofts on subsidies, which summarize the original deal and trackoutcomes. Disclosure can occur during a pre-approval or application process, post-approval and during the monitoring period.Pre-approval: Requirement for greater, more-detailed, disclosure, in advance of theapproval process, so that public officials and others can better evaluate the potentiaibenefits and costs ofa project.Clawbacks: Money back guarantees that require a subsidized company to produce acertain level of public benefit (usually a certain number of new jobs and/or investmentdollars) in a certain period of tirne or be required to pay a prorated share of the subsidyback. Clawbacks can be part of the contractual agreement with the subsidized companyor incorporated into the laws and /or regulations that govern a particular developmentprogram.Avoiding Service Disruptions: When a communify invests in development projects inwhich it has a proprietary interest, it may require assurances that the project will not bedisrupted or delayed due to labor disputes. The extent ofthe assurance required is basedon the level of the community's proprietary interest. Example: San Jose Living WageOrdinance; D. C. District Hotel Development Projects Act of 2001Community Benefits Agreements :Analysis : Community Benefits Agreements are legally enforceable, proj ect-specific,contracts negotiated between a communify-labor coalition and developer, which speli outspecific benefits from a development or re-development project to the community. Thecoaiition promises to support the proposed project before government bodies that providethe necessary approvals and subsidies in return for the developer's commitment for suchcommunity benefits as job quality guarantees, community services and improvements,environmental benefits, recreational facilities, and/or affordable housing.CBA's ensure that local community residents share in the benefits of major developmentsby allowing community groups to have a voice in shaping the project, advocate forcommunify benefits tailored to their particular needs and enforce the developer'spromises. CBA's can be incorporated into the development agreement between thecommunity and the developer, making them enforceable by the community as well.

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Communi6, benefits agreements are only successful when they are supported by a strongcoalition of community organizations, including faith-based organizations and laborunions. The coalition parftrers must organize early in the approval process, prioritizecompetitive concerns, decide on a decision-making process, and keep their workingpartnership together. When good CBA's are negotiated, there is a valuable precedent setthat makes future campaigns in that communify much easier.'fRationale: Developers who move into existing communities have a responsibility to thosecommunities, not only because of the broad impact their project will have, but also

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Community Benefits Agreement between the North Minneapolis Fair Commerce TaskForce and Minneapolis Public Schools District Heidquarters Development*because taxpayer dollars subsidize their project. Large development and redevelopmentprojects typically involve land parceling through emlnent domain, new/improved streetsand other infrastructure that the community provides, properly tax reductions orabatements, tax increment financing, and industrial revenue bonds or other loans. Inaddition, the community benefits agreement process provides transparency for thegovemment's subsidization/approval process, an efficient and effeCtive mechanism fbrpresenting and addressing community concerns, and a means for creating a cooperativerelationship between normally adversarial parlies.Elements:Living wage: Provides that jobs created by the development, including those of resultingtenants and retailers, will comply with local iiving wage ordinances oiwill provide aspecified wage rate, which may vary depending on whether health care benefits areprovided.First-source hiring preferences and job training: Developers can participate in andencourage tenants to participate in a First Source of Local Hiring program, giving firstconsideration to applicants who apply through certain communiry^grJup, oito.uiemployment programs that assist disadvantaged workers. OevelopJrs can provide seedmoney or space for such a program.community services: The developer can provide seed money or space or otherassistance for childcare facilities, supermarkets, banks and otler neighborhood services.Similar assistance can be dedicated to community or youth centers or health clinics.Money can be set aside for street repair, sidewalks, streetlights, and other neighborhoodimprovements.Environmental benefits: The project can include adequate open space, including havingthe developer paying for the purchase of public op.r ,pu"., parks and/or other gr"eenspace in the project itself or nearby neighborhoods; ensure adequate storm waterdrainage; minimize air quality impact of truck idling; address community concernsregarding traffrc management plans; use "green" building practices such as non-toxicbuilding materials and solar energy.Affordable housing: For housing developments, a communiry benefit agreement canrequirement that some of the project's new housing units be affordable; that a 1ow or no-interest loan fund be established, that, with each new square loot of commercial space, aspecified amount of money be added to a housing trust fund;that additional land beavailable at a reduced or "0" cost for non-profit housing deveiopment; andlor thatdevelopers pay relocation benefits for families and businesses displaced by the project.community involvement: If the cBA negotiation process is successfui, futurecampaigns will be easier. The goal is to make the CbA process routine, which will, in

*tum, increase leverage for community groups.

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Community Benefits Agreement between the North Minneapolis Fair Commerce TaskForce and Minneapolis Public Schools District Headquarters Development*a


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Community Benefits Agreement between the North Minneapolis Fair commerce TaskForce and Minneapolis Putrlic Schools District Heidquarters Development*

This(@mmunity@nefit@rr.*.nt (CBA), ties the four organizations listed below asrespondents, and the North Minneapolis Fair commerce Task Force (NIMFCTF),p"tirion.tt : \N'Iinneapolis Public Schools ll \ .r,,Superintendent Bernadiea Johnson ll D"^ ra\ tMPS Board of Directors807 Broadway Avenue NEMinneapolis, Minnesota 554M.A. Mortenson ConstructionM. A. Mortenson, Jr., ChairmanTom Gunkel, Chief Executive Officer and president700 Meadow Lane NorthMinneapolis, Minnesot a 5 5 422-4899Legacy ConstructionArchie Givens, CEO and Director7151 York Avenue SouthEdina, Minnesota 55435

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PUBLIC SCHOOLS DISTRICT-I HEADQUARTERS PROJECTCOMMUNITY BENEFITS AGREEMENT

SECTI0N I' PURPOSE y!"- r1r-rur.{ 'l 6{r{',nr4.i tt,,sTh e p urpos e ol th d,fu m m u n is3en efits4lreem en t ("Agree#ent,,) fo r theMinneapolis Public Schools Distiict-1 HJadquarters iroject is to provide for aconcerted and coordinated effort on the pa:rt of the NMFCTF, the MpS and the .1.,_t. \!:\r,-..@veloper to maximize the benefits oftt ip.uu.l;p;;;;to ttr. community , /Thi{fummuniqfS,enefitsfureement-is agreed upon this _ day of _^4g tUand between thqf,)sk,$oice and rhe Mps;nd$weiope..Tn.r. p".t "-tn"the MPS will include thi(rglreement as an attachment to the DDA for thebevelopment. L"'rr,,, ,.- tt,, )_

NORTH MINNEAPOLIS FAIR COMMERCE TASK FORCE

Attachment 1 to this Agreement, "contractor and Minneapolis public schoolsResponsibilities," sets out the responsibjlities o(-ftntracttrs and MpS regarding thecommunity b enefits described in th i sl$reem ent. rne''tasfr.!)rce and th e",Deveiop eran d M PS inten d that all@ ntra cto rs t"-feil; ; ;.i;i b; ;;;;. ;; ;;o.*l "-p *.",commit to these responsibilities through attachment of the document to reievantcontracts and lease agreements.SECTIONII. DIFINITIONSAs used in this@greement, the foliowing capitalized terms shall have the followingmeanings. AII definitions include both the singular and plural form."Area Median Income" shall mean the gross yearly income, adjusted for householdsize, in the county of Hennepin, Minneapolis, Minnesota determined by the u.s.Department of Housing and Urban Development, as published from time to time bythe State of Minnesota of Housing and community Development,"City" shall mean the City of Minneapolis."Task Force" shall mean the organizations or community members represented byNorth Minneapolis Fair commerce Task Force ["NMFCTF,,]. The NMFCTF shall be iithe sole representatives of the Task Force and actions taken shall be binding. "Jt"Commercial Tenant" shall mean any person or entity that has entered into a Lease \Agreement' The Developer and MPS shall not be considered Commercial Tenants. A

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Community Benefits Agreement between the North Minneapolis Fair Commerce TaskForce and Minneapolis Public Schools District Ileadquarters Development*business that operates a parking facility on thelslte shallbe considered ""'.';;;;r-tbntractor or.t'ommerciiifen"lnt, ", "ip.ofri"t;. e./-j."'zl/J { "Contract" shall mean a contract or other agreement that js related to the use,' maintenance, or operation of the Dbvelopment aal6i,,frri..r"r, i" do-'ij*t;nr,directly or indirectly, either under the contract ortagreement ilselfior th.ough on;or more subcontracts. A contract or other agreement entered intoty a business andIRS tax exempt organizations shall be considered {Cnntract only if it witt requireperformance of bonding, financial assistance or workforce.r"Contractor" shall mean a prime contractor, a s_gbcontractgr, or any other business.entering into a. C'0ntract with theSbvelop.r, , C-d-rercial Tejnant, or another'.ebntt"ctor. thd6'bveloper, MPS and'Co;-;..;,ilnants shall not be considered

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Ii,, Ii J: contractors, A business that operates a parking facility on the Site shall be ,considered either a contractor or comlnJiilii renant, as appropriate."CR,q" shall mean the Community Redevelopment Agency of the City of Minneapoiis."Deveioper" shall mean Minneapolis public schools, Mortenson construction,Legacy Construction and Catalyst Community partners."Development" shall mean the development project located on the s-ite, and thesubject of the disposition andiDbveloprn.nr'[[r"emenr 1"1na,,1 berween the Mpsand the'Developer approved by the MpS Board on or about 0ctober 12,2070 andthe Joint Deyrlopment Agreement ["]DA"J entered into by the Minneapolis publicSchools and{D}veloper[s],"MPs" shall meaB:lVlinneapolis public schoors District-1, Minneapolis, MN."Mortenson" shall mean, Mortenson construction, Golden Valley, MN." Legacy" shall mean-legacy C onstructi on, Minn eap olis, M N."catalyst" shall mean, catalyst community partners a IRS 501[c)3 and theAckerberg Group, Minneapolis, MN."District Headquarters" shall mean.any and all development on the site at westBroadway Avenue, ''"Lease Agreement" shall mean a lease agreement for use or occupancy of officespace within the Site, excluding4eases for signage, for antennae space.

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community Benefits Agreement between the North Minneapolis Fair commerce TaskForce and Minneapolis Public Schools District Headquarters Development*"Low-Income Individual" shall mean.an individ_ual whose ho_1trsehold income is nogreater than B0% of the median income for the/MetropolitanAtatistical,f,r"" i"which the individual reside.s"on-Site |obp" shall mean-all jobs for which at least fifty percent of the work hoursoccur on th(Site, and that arises out of either an employment relationship or anindependent contractor relationship;r"Residential Tenant" shall mean:a person or group of people who own or occupysome portion of the&te for use ,r'" offi." space or headquarters."Targeted fob Applicants" shall meaqindividuals described in Slction IV.C of this{rAgreement. i .'

SECTION IIT. LIVING WAGEPRoGRAM A. Developer's Responsibilities Regarding Living Wages.I . compliance with Living wage Ordinancilin. ol"* oo.r lnr', comply w1h altsubstantive provisions, monitoring provisions,-and enforcement provisions of the

iRA's Living wage policy. ;., ) ,i):,. I ,_ .2' Seventy Percent Living Waqe Goal.-fhe,tt-eveloper shall use reasonable ', ' . u- ',errorrs ro maximize rhe numbe, ofiiuingfii;;. ];;;; *(. il. il;;-;;;;;r sha, "-:' ;.'l', ,! ' lte r3a31able eflorts tg--ensure that, at all times_, at least seventy percent (70o/o) of ! iTon.'sjte;)bs are Liv,ingwls" jour, rr'J.rr"Jl;ffi;;;"rnA;;;;#b;: i'n'u_-_)---6bveloper and the'Coltition aeree that this i';;;;;;;#;;;;i;.ment in light orautne clrcumstances..!F

,,, , ]- , ' ' V.. Achievement of Living Wage Goa{The percentage of iiving Wage f obs on\he " 1 Site shall be assessed and reporled in accordance with the requirJmen"ts set forthji,L ''-- *- l.:.li9"lll.4'a-d'bplow.tn the event that the'i,iuing'Wag; e;;i; ;"t attained durins.,; . anf t{fio-year period, the'Developer shall promptly meet and confer with the(iaskForce to determine mutually agreeable additional steps to achieve the ilivingWagei'Goal, and shall ensure that such steps are expeditiousiy ana fully undertaken.b. Penalty for Failure to Attain Living Wage Coai \Notwithstanding anything to the contrary, failure to attain the,'l'ivingillage.d'oalshall not constitute a breach of this'Alreement or the DDA or default ofresponsibilities thereunder, However, if the CRA determines in its reasonablediscretion that thdDeveloper has not used reasonable efforts during anyt:nt_"_9.Yllye two-year period to ensure that thelliving WagefGoal is "attained, thenthe G&&inlay assess a penalty of $10,000 for each .u.f, p.iir6, "naltf,dDtu;i;;.,w;i-il'pay such penalty. This penalty shall be the exclusive sanction for non-

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Community Benefits Agreement between the North Minneapolis Fair Commerce TaskForce and Minneapolis Putllic Schools District Headquarters Development*com4f iance with the provisions of Section III.A.2. No other liability shall accrue tothdDdveloper in connection with Section IILA.2.c' Calculating Perceqlage o.f Living W4ge ]ofrFor purposes of this Section Iil.A,the percentageof 'LlvinqWSry Iobs on the'Site shail be deterlnined by dividing thetotal number of liiving frageloUs by the total numb". of dnlS'itd f ob; in accorlancewith the following guidelines: -^ "' --'i. Definition of Living Wage Jobs:b;-Slte';tqs falling inro any one of thefollowing categories shall be considered,l,ivingWage,fobs:. Jobs covered by thqhty's Living wage''drdlnance fif available], the cRA's Livingwage policy, or Sectio-n IILA.1 of thiq,{greement, and forwhich the employer is incompliance with substantive terms of the relevant ordinance or policy and anyimplementing regulations.{'}. |obs for which the employee is paid at least [TBA] per hour in wages if the workeris provided with employer-sponsored health insurance, or (TBAI per hour in wagesotherwise [these amounts shall be adjusted iqconcert with cos[of-livingadjustments to wages as required under thefity's Living W"g.tQ)atnanlel;. Jobs for which the employee is paid on a salaried basi$t least g17,060 per year inwages if the employee is provided with employer-sponsored health insurance, or$19,560 per year in wages otherwise fthese amounts shall be adjusted in concertwith cost-of-living adjustrrients to wages as required under the4C)ty's Living Wage,GdinanceJ;4qid1. f obs covered by a bona fide collective bargaining agreement., . '\t'*^ Aii. Exemption for)iinali$usinesses. jobs arising out of employment by orindependent contract with aDeveloper with fewer than ten employees shall not beincluded in the calculation of the peicentage o{tlvin$.ftageJ'OUi und". this{S}ction.d. Reporting Requirements:'Every 3 moglhs after the commencement oftction work lor thdDevelonment. thelDevelooer shall nrovide to the Cl'.P.cons-truction work for thdDevelopment,therTas( Fbrce a report onihe percentar eveloper shall provide to the CRA andtheiTask Force a report on the percentage of Living{Magejo,bs on \ite.Each report shall contain data for thg6ite as a whole, as well as data for eachemployer that is not exempt under Section IILA.2.c.ii. Data regarding particularemployers will not include p_recise salaries; rather, such data'uvill include only thelumber ofr0ni3lte:1obs andii-'iving@agb fobs for that employer, and the numter offrnI$te jobs forwhich that employer provides health insurance to employees.lf thereport indicates that theil;iving WageiGbal is not being met for thef6)te as a whole,fte repart shall include a statement of reasons for the failure to achieve thdl'Iving,:Wageteoal. '

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Community Benefits Agreement between the North Minneapolis Fair Commerce TaskForce and Minneapolis Public Schools District Headquarters Development*

In compiling the report, the6'Bveloper shali be entitled to reasonably rely oninformation provided by employers, and need not conduct independentinvestigation of data provided, unless the'.Developer receives clear indications thatdata provided by employers is incompiete or inaccurate.3. Selection of ienants other than Minneapolis Public Schools District-1a. Developer Notifies Coalition Before Selecting Commersi.at fenandit least30 days before signing anyLbase A[reement or Contract, the Developer shall usereasonable efforts to notify the ask' rce that the Developer is coniideringentering into slch'li'ase,Agreement or Contract and shall identify the prospective

'Tenant. If the Taskorcg.so re*quests, the'Dbveloper and MPS shall use reasonableefforts to meet with the'Task1.F_orce regarding the prospective Tenant's impact on,the percentage ofliiving Wage. jobs on the Site. If reasonable factors so require, the''beveloper may give notice less than 30 days prior to signing such a lleaseAgreement or"contract; proyided, however, the,:beveloper shall at the earliestpractical date give thefask Force notice- of the identityoi the prospective,fbnant,and shall be available to meet with the Task Fbrce duf.pg a window of at least forty-eight hours, with such window occurring prior to thefDbveloper's signing the Lease,C'!reement odeontract.b. Task Force Meeting with MPS. i)At ieast 30 days before signing a,leaselfigreement oridontract, theDlveloper wiiiuse reasonable efforts to arrange and attend a meeting between theidoalition andthe prospectivetCommercialtTenant, if theliask{iorceio requests. At such a meeting,the'TaskForce and,$e Developer/MPS will discuss -rith$d -*e"".1jys, i-.i,r,t 1.r., t,,r,,, i,CommercialTenanffi4$able;neentlvesfupsa{ s5sistance with provision ol livingwages and he-alth infurance to employees. Th-dftveloper will use reasonable effortsto assist thet\alltion in encouraging payment of living wages, If reasonable factorsAo require, sulh a mee[ing may occur less than 30 days prior to signing a,ileaseAgreement o/rcontract; provided, however, in such cases the meeting shall bescheduled to occur on the earliest practical date,"ei Consideration of Impact on Living Wage Co"lfo the exten! reasonable, the'Jveloper shall consider as a substantial factor each prospective'Cbmmercial'Tenant's potential imqact on the pg{centage of4iving lftage.,Jbbs on theSite whenselecling prospective Cbmmercial(Tbnants. a)B. collaboration Toward Living wage Incentive programs.'Thd,.frveloper andthe fesk orce.shall use reasonable efforts to work collaboratively with each otherand wlth interestefl.governmental and private entities to develop proram-s that willassisEiCommercial'Tenants in paying living wages to employees. Thelfask''pbrce

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Community Benefits Agreement between the North Minneapolis Fair Commerce TaskForce and Minneapolis Public Schools District Headquarters Development*shall seek funding sources to enablef-ommercial.fienants to receive incentives andassistance of substantial economic value for payment of living wages to employees,SECTION IV. FIRST SOURCE HIRTNG POTICY

oA. Purpose. The purpose -of the First Source Hiring Policy is to facilitate theemployment of Sargeted,Jqb'Applicants in the Development, It is a goal of this(igreement that tfre$itsi Source Hiring Policy benefit employers in theDevelopmentby providing, through a non-exclusive referral system, a pool of qualified jobapplicants.l'B, Coverage, The First Source Hiring Policy, set forth in'Attachment 1,Contractor andienant iiesponsibilities, shall apply to hiring by eommercialSenantsand Contractors'for all 6h.$te'fobs, except for jobs for which the hiring procedures

are governed by a bona fide collective bargaining agreement that conflicts with theFirsl Source Hiring Policy. For hiring for any'On.Sfte'lbbs for which the'Dbveloper isthe empioyer, the'Developer and MPS shall have the same responsibilities same asunderAttachment 1. ?C. Targeted Job Applicants. Targeted f obs Applicants include the foliowing threecategories of individuals, Job referrals under the First Source Hiring Policy shall bemade in the order of priority set forth below.First Priority{haiviauals whose residence or place of employment has beendisplaced by theflevelopment.Second Priority: Low{ncomefndividuals living within one mile of the'S}te.Third Priority: Low;'fncomdTtrdividuals living in census tracts throughout thefltyfor which household income is no greater than B0% of the median householdi n c o m e f o r th e M i n n e ap o I i s?M etr o p o I i tan'Slati s ti c allAY e a.

r:1D. NMFCTF System Responsibilitiel.The First Source Referual System shallperform the following functions related to the First Source Hiring Policy:1. Receive employer notification of job openings, promptly initiate recruitmentand pre-screening activities, and provide an estimate to employers of the number ofqualified applicants it is likely to referfi ;+2. Coordinate with various job-training centers to facilitate access to a pool ofqualified applicants from which to draw referrals;3. Screen and refer4rgeted jbb,Applicants according to qualifications andspecific selection criteria submitted by employers;

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Community Benefits Agreement between the North Minneapolis Fair Commerce TaskForce and Minneapolis Public schools District Heidquarters Development*4' Maintain contact with employers with respect to employers' hiring decisionsregarding appiicants referred by the First source Referrar System;I Assist employers with reporting responsibilities by supplying reportingforms and by other reasonable means; n , , ,,., ,,.ili r. .!r li j ir r., i

, Ass.ist thetask ilo.." and governr"nrrl entities in monitoring compliancewith the First Source Hiring policy;r:ruLlmrr qllafterly aggregale reports for all employer.s on the Slte to the CRA,*' l,n r*.opy, to r"h e Tas kr Fo rce, d eta ir i ng th e e mpl oym ent oF Targereaion *!pli ca nts7. submitiQira.$erly aggregate reports for ail employers on the,. e to the cRA,in the$evelopment and the effectiveness of the First sourc.;til;;;;;;B. Work collaboratively with the;6'bveloper, the'eoalition, job training centers,applicants, and governmental entities to administer !he First Source Refeiral Systemeffectively and efficiently. rF, First Source Referral System operatio'fThei'D-eveloper/MpS ,rrh; ' i ,.,,,-'-, ,'',',iFbt." shall make reasonable efforts to engage Summit Academy and the lsK ,, , , , ,'o i,,Minneapolis Urban League to operate the First Source Referral System, If suchefforts are unsuccessful, theipeveloper/Mps and thetihsk,f;orce rh"il .ngrg"another mutually agreed upon entity to operate the First Source Referral System,F' Developer's t iaisof,irhedeveloper shall designate a liaison for issues relatedto the First Source Hiring Policy. The liaison shall work with the First SourceReferral System, the CRA, and{CIty officials, as appropriate, to ensure effeciiveimplementation of the First Source Hiring policy.G' on-Site raciliif,. rhdi)eveloper and Legacy shali jointly provide a rrailer onthqSite for rent-free use of the First Source Referral System during construction oftheibevelopment.,4.\,-jH. Planning, ThgiD.eveloper and,/ioalition shall make reasonable efforts toensure that not later that thrpe [30J days prior to the commencement ofconstruction on the Site, the TaskForce staff meet with'D'evelop.r's ii"iron and anyother appropriate individuals to design, plan and impl6*ent the First sourceReferral System in accordance with thisiSection.

I. Additional provision(.1Additional provisions regarding the First Source Hiring Policy are set forth in'Attachment 1, Contractor and Tenant Responsibilities.SECTION V. JOB TRAININGNotwithstanding anything to the contrary, prior to any construction on th&te, the o'Dbveloper shall provide $100,000 to the tlorth Minneapolis Fair co**"r." irrf.

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Community Benefits Agreement between the North Minneapolis Fair Commerce TaskForce and Minneapolis Public Schools District Headquarters DevelopmentxForce to fund job outreach and information distribution, and shall provide $25,000totheMinneapolisUrbanLeague, ",lr; .,/!,,.0:.i , .. .rr r,,, /r.-1. /,"t,titfiSECTION VI. EMPLOYMENT AND COMMUNITV OUTNEACH

{-tA. Developer outreach Funding. upon receipt of a buiiding permit forconstruction on thelsite, the Dbveloper shall provide $25,000 to..fund accessoutreach pro.ram. The Task Force shall work with the local:CttyrCbuncil office onB. Enabling 0utreach, The Developer shall reasonably codperate with efforts by

SECTIONVIII.

des ign and implementati'bff'tff.the program.

A' Inclusion ofltbntractot"ndt"nanf'fresponsibilities in'L-eases,-Cbntracts,andPLr rch ase'Agree men ts.7. Lease Agreements. Theievelo-per shall not execute

"ny'.ilb"r*ft'greementnless ttachment 1, Contractor and TenantResponsibilities, is inciuded as amaterial term thereof.-I.?. Contracts. The'beveloper shall not execute any.{ontract unless Attachment 1,i'iontractor andtenanifierponribilities, is included "r " ^"iu.oli; il;#'/'3' Purchase Agreements. The Develope-r shall not execute any deed conveyingtitle to the entirety of or any portion of the'Site [excluding any deed for thecondominiums) upless [iJ the Developer and the entity receiving title have executeda purchase agreement governing conveyance of title, and [iiJ under that purchaseagreement, the entity receiving title assumes_ as binding legal obligations all

responsibilities of thd Developer under this,Agreement.4. Assurance Regarding Preexisting contractJlhe ileveloper warrants andrepresents that as of the date of mutual execution of thisAgreement, it has executedno lease agreement, purchase agreement, or other contract that would violate anyprovision of this Section VIILA. had it been execured after the date of mutualexecution of this figreement.

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community organizatiorrs to provide information employment and services toind ivid uals working irr On,$tdjobs.SECTION VII.IMPLEMENTATION OF COMMUNITY BENEFITS PLANThe'Developer will continue to meet with community-based organizations, affected+parfies, interested governmental entities, and thetbalition in a good faith;:rieasonable eflfort to develop slrategies for implernentation of the policies andp ro gra rn s,s et fo rth i n th i s'C d m m u n i tyB b n e li tsrAg re e m e n t.;t.,ll i::;. ..

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community Benefits Agreement between the North Minneapolis Fair commerce Task,;, ..,1. Force and Minneapolis Public schools District lleadquarters Developmentxi .r.'" ' \ ' 5' Release of Developer's Liability;Thei;ppveloper shall have no liability for any,,f',-.,. Ll:lth of thls-Asreu-.oi by atbmmerciatf ii'nant, a successor owner, or'_ Hollywood & Vine Mixed_Use Development projeci&.' .-.1,. Minneapolis public schools District Headquarters Agreement{''contractorl if thdDeveloper has fully complied with\slction vlll.A,withto that entity, \ ,.,.1 -A.regard

Du. || \Compiiance with State and Federai LawiTheClreement shall, b_e enfor cg).,

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gnly to the extent that it is consistent with the laws of"the state of C"l f";i;;#the i.,II-:r^l e!^r- t r. #J----- --'g UUnitedStatesIfanyprovisionofthis:,{greementisheldny,.oufrffiou.inconflict with state orthrs'Agreement, andenforceable.federal law, the applicable law shall prevaii over the terms ofthe conflicting provisions of thjs,'Agreement shali not be

(7'9 Severability Clause. liany term, provision, covenant or condition of this'Agreement is held by a court of competent jurisdiction to be invalid, void, orunenforceable, the remainder of the provisions shall continue in full force and effect,D' Binding on Successoir: rf,.;dgreement shall be binding upon and inure to thebenefit ofthe successors in interest, transferees, assigns, present and futurepartners, subsidiary corporations, affiliates, agents, representatives, heirs, andadministrators of each of the parties hereto, Any referlnce in this4ig...*.niio "arty shall be deemed to apply to any successor in interest, transfeie, assign,present or future partner, subsidiary corporation, affiliate, agent, representative,heir or administrator of such party.E. Intended Beneficiarieslwith regard solely to the terms and provisions{,iAgreement, ther'city, the cRA, and theitoalition are intended third-party

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t "libeneliciaries of contracts and other agreements of which this&ru"*.nt is a nart j' ,f ,+rs1&.::eg rhei0ity, the cRA, " ']1]ISI9:I9IL I neiVrty, tne LHA, and the Cbalition shall each indepeniently havethe right to enforce the provisions of this'Agreement as provided herein against all

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19/21

ir'\..1"' \ Community Benefits Agreernent between the North Minneapolis Fair Commerce Task-' -l Force and Minneapolis Public Schools District Headquarters Development*

:a1- j that money darlages would be an inadequate remedy for any breach for threatenedi ;r*-l breachl of thisl,A,greement, and agree ttral thisl.l&reement may be enforced by anj - / application for a preiiminary or permanent iniunction, by a decree of speciiii', -.. f Performance, or other such order or decree of a court of competent jurisdiction. In'r : I no event shall the CRA ortnalition be entitled to damages except as expressiy_ 'a f provided in Section III A.z,b. above. The agreed remedies set forth herein shall notI ; j applicable law or a court's ability to determine facts, weigh evidence, and exercise., -r: I its own discretion with respect to enforcement of any term or condition of this*: t- Agreement.r^; {*',1'*' H. Covenants Run with LanLl."fhe provisions of thisfrlreement are covenantsi'-i tt-ttt run with the land and bind allgrantees,lessees or other transferees thereto for" the benefit oland in favor of iirtortt Minne4p*olis and the Crrtition.t' ''--" =. *j,,*-'i':-,-F r, rerm. rhisfrlree*.n, rn"u t;ki,,g:;ih. iat" or J;,;;, *"*.,L,o"tl i of thidAgreement and shallterminate twenty [20] years from such date, Upon-: -- I termination of this",ftreement, no entity with responsibilities under this Alreement-* :. -. I ox Attachment 1, Cbntractor andjTbnanthesponsibilities shall have any further- ''. j I responsibilities, The termination date shall be uniform with regard to ali entitiesr- .- - L with responsibilities under this Agreement orlAtachment l.. r.l: ll- J. Waiver. The waiver by any party of any provision or term of this figreementshail not be deemed a waiver of any other provision or term of this,Alreement. Themere passage of time, or failure to act upon a breach, shall not be deemed as a,, -., .*, waiver of any provision or term of this$greement.

l- i't [ - K. Construction. Lounr.l with regard to this,lA[reement has advised each of the. f i ), I Parties. Accordingly, thid:Agreement shali not be strictly construed against any, . I party, and the rule of construction that any ambiguities be resolved against theii: . I draf,ting party shall not apply to this Agreement.. .\4 L' L. Entire Agreemencfire;tgreement contains the entire agreement betweenthe parties and supersedes any prior agreements, whether written or oral.References herein to this4greement inclucle all attachments. This /Alreement maynot be altered, amended or modified except by an ins[rument in writing signed bythe parties hereto.M. conflicting r.#. Except as provided inection V, in the eyent of anyconflict or inconsistenql, between the terms and conditions of this'Agreement and

t..!,e. 1erms..and tfi"e termslnd conditions of the DDA, the DDA shall control.-:>;--',--*--------..J f{*r tt /: r-. .ll LN. Authority of Signatories, The individuals executingand warrant that they have the authority to sign on behalfparties,

this.Agreement representof their respectiver'1 r

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Community Benefits Agreement between the North Minneapolis Fair Commerce TaskForce and Minneapolis Public Schools District Headquarters Development*o. correspond.n.(,)ott correspondence shall be in writing and shall beaddressed to the affected parties at the addresses set forth below. A partv mavchange its address by giving notice in compliance with thi{$ction vrrr.o. rrr.addresses ofthe parties are:If to Developer:If to Coalition:For the Coalition:Agreed to this _For the Coalition:

Name

Name

Name

Name

For the Developer(s) and Minneapolis Public Schools District 1

Schools

Contruction

Construction

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By:

Minneapolis Public

Mortenson

Legacy

Partners Catalyst Commuinty


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Community Benefits Agreement between the North Minneapolis Fair Commerce TaskForce and Minneapolis Public Schools District Headquarters Development*

Budgets available upon request.###

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Don Allen - Edited

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Transcript of Don Allen - Edited