The Docket · Government Meeting · DKT-2026-000797

On the agenda: Benton County meeting — Data Center (Aug 18)

Past ⚠ Agenda Watch Benton County, Minnesota · Tuesday, August 18, 2026 — 3 weeks ago

About this record

The published agenda for this August 18 meeting contains: "Data Center". The meeting has passed; the record and its outcome live here permanently.

WhenTuesday, August 18, 2026
Check the agenda document for the meeting time.

WhereBenton County, Minnesota

Money$600,000 was at stake

On the record“Data Center”

The agenda, word for word

Government public record — the full text of the published document, archived August 15, 2026. Gold highlighting of key terms is ours, not the original’s. Read the original document ↗

89 pages · scroll to read

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1. County Board Regular Meeting Agenda August 18, 2026
Documents:
COUNTY BOARD AGENDA AUGUST 18, 2026.PDF
1.I. County Board Regular Meeting Agenda And Packet August 18, 2026
Documents:
COUNTY BOARD PACKET AUGUST 18, 2026.PDF

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BENTON COUNTY BOARD OF COMMISSIONERS
Tuesday, August 18, 2026 9:00 AM
Benton County Board Room
531 Dewey Street, Foley, MN
AGENDA

Benton County Board of Commissioners/Benton County Ditch Authority
Please join my meeting from your computer, tablet or smartphone.
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You can also dial in using your phone.
Access Code: 834-170-141
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9:00 - Commissioner Steve Heinen, Board Chair
- Call to Order
- Pledge of Allegiance
- Roll Call
- Approve or Amend the Agenda
9:01 - Announcement by the Board Chair
County Board meetings are broadcast live and video recorded on YouTube. Please refrain
from speaking from the audience area and come to the podium so that viewers can hear you.
The County Board observes Roberts Rules of Order for its meetings, so please obtain the
Board Chair’s consent before addressing the County Board. Public comments are generally
reserved for the Open Forum segment or Public Hearings. However, public comment on other
agenda items may be allowed at the discretion of the Board Chair. As we begin today, please
turn off all cellphones or turn your cellphone to vibrate. Thank you.
9:02 - Open Forum Announcement by the Board Chair
-

Public Input and/or Informational Matters Not Requiring Action by the Board

531 Dewey Street P.O. Box 129 Foley, MN 56329 | bentoncountymn.gov
320-968-5000 Main | 320-968-5329 Fax | 320-968-8842 TDD
Commissioners: District 1: Scott Johnson ǀ District 2: Ed Popp ǀ District 3: Steve Heinen
District 4: Jared Gapinski ǀ District 5: Pam Benoit

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9:03 - Consent Agenda
1. Approve or Amend the Special Board Meeting Minutes of August 4, 2026 (Administrator)
2. Monthly Project Manager Update (Administrator)
3. Consider Exception to Comp Time Bank for Exempt Auditor-Treasurer Employee (AuditorTreasurer)
4. Recommend Approval of the 2026-2027 Contract for Projects for Assistance in Transition
from Homeless (PATH) Grant (Human Services)
5. Consider the Community Health Specialist - Request (Public Health)
9:05 - Wesley Davis, County Engineer
- Consider Resolution and Authorization of Acquisition — CSAH 29 Ext. Project
- Consider Approval of Benton Solar LLC. Road Use Agreement
9:15 - Montgomery Headley, County Administrator
- Closed Session to Consider Offers for Real Property
Commissioner Meeting Updates
Comments by Commissioners (General Comments by Board Members on Topics
Not Requiring County Boar
Set Committee of the Whole Meetings and Designate any Previously Held Meetings
as Necessary Committee Meetings
Adjourn

• Scott Johnson, District 1
• Ed Popp, District 2
• Steve Heinen, Disttrict 3
• Jared Gapinski, District 4
• Pam Benoit, District 5

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NOTE:

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BENTON COUNTY BOARD OF COMMISSIONERS
Tuesday, August 18, 2026 9:00 AM
Benton County Board Room
531 Dewey Street, Foley, MN
AGENDA

Public Input and/or Informational Matters Not Requiring Action by the Board

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Scott Johnson, District 1
Ed Popp, District 2
Steve Heinen, Disttrict 3
Jared Gapinski, District 4
Pam Benoit, District 5

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NOTE:

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BOARD OF COMMISSIONERS
AGENDA ITEM REQUEST
MEETING DATE: AUGUST 18, 2026

CONSENT AGENDA

REQUESTING DEPARTMENT: ADMINISTRATION
TITLE OF REQUESTED ITEM AS IT WILL APPEAR ON BOARD AGENDA
Approve or Amend the Special Board Meeting Mintues of August 4, 2026
BACKGROUND INFORMATION

ACTION REQUESTED

FISCAL IMPACT
ESTIMATED COST ($)
SOURCE OF FUNDS
NEW / ADDITIONAL REVENUE ($)
COST BUDGETED IN CURRENT YEAR?
SUBMITTED/APPROVED
SUBMITTER/SUPERVISOR SIGNATURE
DEPARTMENT HEAD SIGNATURE
COUNTY ATTORNEY SIGNATURE

DATE
Montgomery Headley DATE: 08/11/2026
DATE

STATE GRANT CONTRACT/AGREEMENT NOT REVIEWED BY COUNTY ATTORNEY (GRANT RENEWAL WITH NO CHANGES IN TERMS AND
CONDITIONS).

DURATION:

PREFERRED PLACEMENT ON AGENDA: Consent

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BENTON COUNTY BOARD OF COMMISSIONERS
SPECIAL MEETING MINUTES
FOLEY CITY HALL, 251 4TH AVE N, FOLEY, MN 56329
AUGUST 4, 2026
The Benton County Board of Commissioners met in special session on August 4, 2026, at Foley City Hall
located at 251 4th Ave N, Foley, MN 56329. Call to order by Chair Steve Heinen was at 9:00 AM followed
by the Pledge of Allegiance to the flag. A roll call showed Commissioners Ed Popp, Steve Heinen, Scott
Johnson, and Jared Gapinski present. Chair Heinen shared that Commissioner Pam Benoit would be
arriving later during the meeting. Commissioner Pam Benoit arrived at 9:04 AM.
During Open Forum, Mike Deppa of 12831 85th Ave NE, Foley, expressed dissatisfaction, claiming he was
not contacted by County staff regarding his Ditch Assessment since a Ditch Authority Meeting last May.
Deppa contacted Popp regarding this matter and does not feel he should need to file an appeal for his
assessment and does not want to incur any more costs to remove his property from the Ditch
Assessment. Deppa requested the County Board to help resolve the issue. Johnson confirmed Deppa’s
phone number and would share this information with our Ditch Inspector.
Motion by Popp and seconded by Gapinski to approve Consent Agenda items 1 - 8: 1) approve the
Regular Board Meeting Minutes of July 7, 2026 as written and authorize the Chair to sign; 2) approve the
Committee of the Whole Meeting Minutes of July 20, 2026 as written and authorize the Chair to sign; 3)
approve the agreements for Legal Representation in CHIPS and TPR cases and authorize the Chair to
sign; 4) approve the Joint Powers Agreement with the State of Minnesota and authorize the Chair to
sign; 5) approve the final plat entitled “The Cove 11th Addition” submitted by Nitrus LLC and authorize
the Chair to sign; 6) approve a contract renewal with Routeware for web and mobile services pertaining
to waste collection and authorize the Chair to sign; 7) approve the Special Road Use Permit for
Annunciation Church Parade and authorize the Chair to sign; 8) accept the donation from Hasso Briese
American Legion for PAL program and authorize the Chair to sign. Motion carried unanimously.
Next, representatives from the Minnesota Inter-County Association (MICA) provided a Legislative
update. Executive Director Nathan Jesson provided an update on state budget and finance;
Transportation Liaison Amber Backhaus provided an update on budget and policy issues regarding roads
and bridges; Health and Human Services Liaison Nancy Silesky provided an update on budget and policy
issues pertaining to Human Services and Department of Health; and Environment Legislative Liaison
John Paul Yates provided an update on environmental issues. This item was for informational purposes
only.
Next, Auditor-Treasurer Christine Scherbing requested County Board consideration of the resolution for
DMV. Minnesota Deputy Registrar Association (MDRA) is seeking support from counties and cities as
they approach the legislature during the next session, requesting that the State of MN/Department of
Vehicle Services share revenue with all deputy registrar offices. Motion by Popp and seconded by
Johnson to adopt the resolution for DMV requesting that the State of MN/Department of Vehicle
Services (DMV) share revenue with all deputy registrar offices. Motion carried unanimously.

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Next, Scherbing requested County Board consideration of a secure tax forfeiture property. The property,
formerly owned by Katherine Campina, became subject to tax forfeiture following Campina’s passing.
No known heirs have been identified, and the residence has since been occupied by unauthorized
individuals. The City of Sauk Rapids has determined the property to be a public nuisance. Pursuant to a
court order obtained by the City, the redemption period was shortened to five weeks. The property is
scheduled to forfeit on August 1, 2026, with the Auditor’s Certificate of Forfeiture to be recorded on
August 3, 2026. Following recording, a 28-day notice will be provided to any individuals with abandoned
personal property at the site as required. Scherbing requested County Board approval to authorize staff
to secure the residence and remove items identified by the City of Sauk Rapids as constituting a public
nuisance. Motion by Gapinski and seconded by Benoit to approve securing the home and removing
items deemed to be a nuisance. Motion carried unanimously.
Next, Community Health Services Administrator/Public Health Director Jaclyn Litfin requested County
Board consideration of the Opioids Expenditure Resolution. On March 21, 2023, the Benton County
Board approved the Minnesota Opioids State-Subdivision Memorandum of Agreement (MOA) which
serves as the governing document over the permissible uses of opioid settlement funds. As discussed at
the Committee of the Whole Meeting on July 20, 2026, Benton County Public Health (BCPH) requests
approval of opioid settlement funding commitments, including an updated resolution authorizing the
expenditure of opioid settlement funds to address the needs of criminal justice involved individuals. The
proposed resolution would support the continuation of the existing co-responder position through 2030,
with a total commitment not to exceed $600,000 between 2026 and 2030. The estimated cost for the
Co-Responder position in 2026 is $81,595 (the program started June 1, 2026), $144,920 in 2027, and
annual estimation thereafter (considering annual adjustments and mileage) of $150,000 per year
through 2030. Additionally, BCPH requests authorization to commit up to $150,000 in opioid settlement
funding for distribution through a Request for Proposal (RFP) process, round one. Funding would be
awarded to eligible applicants implementing opioid abatement strategies consistent with the Minnesota
Opioids MOA. Motion by Heinen and seconded by Gapinski to approve the updated resolution
authorizing the commitment and expenditure of opioid settlement funding for the continuation of the
co-responder position as outlined within the proposed budget, with funding not to exceed $600,000
between 2026 and 2030, and authorize the commitment of up to $150,000 in opioid settlement funding
for distribution through an RFP process to support eligible opioid abatement activities consistent with
the Minnesota Opioids MOA. Motion carried unanimously.
The County Board recessed the Special Board Meeting at 9:48 AM to conduct a Special Community
Health Board Meeting.
The County Board reconvened the Special Board Meeting at 9:57 AM.
Next, Board members reported on recent meeting they attended on behalf of Benton County.
Under “Comments by Commissioners” Benoit shared that she received an email and a couple of phone
calls from constituents who had concerns regarding an intersection on 35th Avenue NE near Wapicada
Golf Course, where there have been several “near misses”. Also, an individual felt the signs were not

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correctly placed and requested the Highway Department to look at the signs to ensure they are in
compliance. Benoit suggested the possibility of adding rumble strips, or making the intersection a 4-way
stop to raise awareness and to alert drivers of the stop sign approaching.
Motion by Popp and seconded by Gapinski to set future Committee of the Whole Meetings: Thursday,
August 13, 2026 RSVP Volunteer Recognition Luncheon Event, Sauk Rapids Government Center, 250
Summit Ave N, Sauk Rapids, MN 56379, 11:30 AM; Wednesday, August 19, 2026 Data Center Discussion
location changed to the Clearing, 195 River Ave S, Sauk Rapids, MN 56379, 10:00 AM; Thursday, August
20, 2026 RSVP Volunteer Recognition Luncheon Event, Whitney Senior Center, 1527 Northway Dr, St.
Cloud, MN 56303, 4:00 PM; Monday, August 31, 2026, Budget Work Session, Benton County
Boardroom, Foley, 8:30 AM; Tuesday, September 15, 2026 Employee Years of Service Awards, Benton
County Sheriff’s Office Situation Room, Foley, 7:00 AM; Highway Department 7752 Highway 25 NE,
Foley, 7:30 AM; Benton County Human Services 3rd Floor Conference Room, Foley, 8:00 AM; Benton
County Boardroom, Foley, 8:30 AM; Wednesday, September 16, 2026 through Friday, September 18,
2026 Association of Minnesota Counties Fall Policy Conference at the Stanford Center, 1111 Event
Center Dr NE, Bemidji, MN 55601, 8:00 AM. Motion carried unanimously.

The Special Board Meeting Adjourned at 10:27 AM.

ATTEST:

Steven J. Heinen, Board Chair
Benton County Board of Commissioners

Montgomery Headley
Benton County Administrator

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BOARD OF COMMISSIONERS
AGENDA ITEM REQUEST
MEETING DATE: AUGUST 18, 2026

CONSENT AGENDA

REQUESTING DEPARTMENT: ADMINISTRATION
TITLE OF REQUESTED ITEM AS IT WILL APPEAR ON BOARD AGENDA
Government Center Construction Manager Monthly Update
BACKGROUND INFORMATION
See attached monthly update from Contegrity Group, construction manager for the New
Government Center. The Contegrity representative was not able to attend today's
meeting and instead provided this written update.
ACTION REQUESTED
Informational item; no action requested
FISCAL IMPACT
ESTIMATED COST ($)
SOURCE OF FUNDS
NEW / ADDITIONAL REVENUE ($)
COST BUDGETED IN CURRENT YEAR?
SUBMITTED/APPROVED
SUBMITTER/SUPERVISOR SIGNATURE
DEPARTMENT HEAD SIGNATURE
COUNTY ATTORNEY SIGNATURE

DATE
Montgomery Headley 8/12/26
DATE

STATE GRANT CONTRACT/AGREEMENT NOT REVIEWED BY COUNTY ATTORNEY (GRANT RENEWAL WITH NO CHANGES IN TERMS AND
CONDITIONS).

DURATION:

PREFERRED PLACEMENT ON AGENDA: Consent

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8/12/2026

Benton County CommissionersI am writing to provide an update of the construction of the new Government Center
building and am happy to report that we still find ourselves in a good place in all aspects of
the job. See below for details on each area we are tracking.
ScheduleThe masonry is complete and we are working on installing the aluminum windows and
curtainwalls- once that is complete, our exterior envelope will be complete other than
doors. The drywall is hung upstairs and taping starts next week. After that we can start
working on the finishes upstairs.
On the main floor, drywall will begin next week on the east end and progress to the west.
Simultaneously, crews are working hard outside the building to get the storm sewer and
grading done to allow us to move on to paving and sidewalks this fall.
QualityWe are currently not tracking any large quality or performance issues. The contractors on
this phase of the project have been doing a great job and CGI’s Erik Halland has been doing
great coordinating all the trades and ensuring our standards are being met.
BudgetWe are still in a good financial position with respect to contingency and general conditions.
We’ve spent 23% of our contingency funds on change orders which at this stage of the
project, is a fairly small amount.
Job costs have used 40% of the general conditions funds, which is great considering we are
over 70% through the project timeline. Keep in mind, however, that the end of the project
will consume general conditions funds at a faster rate as we pay for temp heat in the
Jim Oman
101 1 St SE Little Falls, MN 56345
st

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winter.
All said, I am happy with where we are at right now and would like to thank GLT Architects
and the trade contractors for continuing to keep this job on track.

Please remember that we are always open to questions or concerns- please direct any you
may have to Monty Headley or myself.

Sincerely,
Jim Oman
Contegrity Group

Jim Oman
101 1 St SE Little Falls, MN 56345
st

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BOARD OF COMMISSIONERS
AGENDA ITEM REQUEST
MEETING DATE: AUGUST 18, 2026

CONSENT AGENDA

REQUESTING DEPARTMENT: AUDITOR-TREASURER
TITLE OF REQUESTED ITEM AS IT WILL APPEAR ON BOARD AGENDA
Consider Exception to Comp Time Bank for Exempt Auditor-Treasurer Employee
BACKGROUND INFORMATION
Please consider extension of comp time bank to 60 hours for an exempt employee who
would otherwise forfeit overtime due to the 40 hour cap. Employee plans to use the
comp time between now and the general election.
ACTION REQUESTED
Extend comp bank time to 60 hours.
FISCAL IMPACT
ESTIMATED COST ($)
SOURCE OF FUNDS
NEW / ADDITIONAL REVENUE ($)
COST BUDGETED IN CURRENT YEAR?

$1000
Wages

SUBMITTED/APPROVED
SUBMITTER/SUPERVISOR SIGNATURE
DEPARTMENT HEAD SIGNATURE
COUNTY ATTORNEY SIGNATURE

DATE
Christine Scherbing

DATE: 08/12/2026
DATE

STATE GRANT CONTRACT/AGREEMENT NOT REVIEWED BY COUNTY ATTORNEY (GRANT RENEWAL WITH NO CHANGES IN TERMS AND
CONDITIONS).

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DURATION:

PREFERRED PLACEMENT ON AGENDA: Consent

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BOARD OF COMMISSIONERS
AGENDA ITEM REQUEST
MEETING DATE: AUGUST 18, 2026

CONSENT AGENDA

REQUESTING DEPARTMENT: HUMAN SERVICES
TITLE OF REQUESTED ITEM AS IT WILL APPEAR ON BOARD AGENDA
Approval of the 2026-2027 contract for Projects for Assistance in Transition from
Homeless (PATH) grant
BACKGROUND INFORMATION
Through the Community Adult Mental Health Initiative (CAMHI) the four county area (Benton, Stearns,
Sherburne and Wright) applied for the PATH grant through the Department of Human Services. The
initiative was selected to receive the grant, this is a renewal of the grant.

The purpose of the PATH grant will be to service persons with serious mental illness (SMI) or cooccurring SMI and substance use disorder to access needed housing, treatment, supportive services
and income support. A portion of the grant is to be utilized for Direct Assistance for client and
administrative cost.
• Up to $90,439 for Salary
• Up to $38,315 for Fringe
• Up to $25,750 for Direct Assistance

• $30,000 for Administrative Fee

ACTION REQUESTED
Approval of the 2026-2027 contract for Projects for Assistance in Transition from
Homeless ( Path) grant.
FISCAL IMPACT
ESTIMATED COST ($)
SOURCE OF FUNDS

$0
Grant funds

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NEW / ADDITIONAL REVENUE ($)
COST BUDGETED IN CURRENT YEAR?

$184,504
yes

SUBMITTED/APPROVED
SUBMITTER/SUPERVISOR SIGNATURE Nikki Knowles

DATE 8/4/26

DEPARTMENT HEAD SIGNATURE

DATE 8/4/26

COUNTY ATTORNEY SIGNATURE

Sandi Shoberg

DATE

STATE GRANT CONTRACT/AGREEMENT NOT REVIEWED BY COUNTY ATTORNEY (GRANT RENEWAL WITH NO CHANGES IN TERMS AND
CONDITIONS).

DURATION: 1 minutes

PREFERRED PLACEMENT ON AGENDA:

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BOARD OF COMMISSIONERS
AGENDA ITEM REQUEST
MEETING DATE: AUGUST 18, 2026

CONSENT AGENDA

REQUESTING DEPARTMENT: PUBLIC HEALTH
TITLE OF REQUESTED ITEM AS IT WILL APPEAR ON BOARD AGENDA
Consider the Community Health Specialist - Request
BACKGROUND INFORMATION
In follow-up to the previously approved and existing grant-limited Community Health
Specialist position focused on dental and oral health, Benton County Public Health
(BCPH) requests approval to extend the existing position through December 31, 2027.
BCPH proposes using remaining BluePlus (BCBS) funding, Workforce Infrastructure
funding, and Minnesota Oral Health Care Coalition funding as the primary funding
sources to sustain the position through December 31, 2027. Additional grant funds may
be braided as appropriate, including SHIP, Family Resouce Center, and Cannabis and
Substance Use Prevention funding to name a few, for allowable activities supported by
each funding source.
BCPH requests that the County Board approve sustaining the Community Health
Specialist potion through December 31, 2027, contingent upon the availability of grant
funding to support the postion.
Should there be a significant change in or termination of the funding supporting the
position, BCPH will engage the County Board in further discussion and consideration
regarding the position.
ACTION REQUESTED
Consider and approve the extension of the Community Health Specialist position
through 12/31/2027.
FISCAL IMPACT
ESTIMATED COST ($)

$97,000 (2027 salary, benefits/fringe,
mileage, and technology/equipment

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SOURCE OF FUNDS
NEW / ADDITIONAL REVENUE ($)
COST BUDGETED IN CURRENT YEAR?

estimation)
Public Health Funds
Existing finds + (new) $15,000 MOHC funds
Yes

SUBMITTED/APPROVED
SUBMITTER/SUPERVISOR
SIGNATURE

Jaclyn Litfin

DATE 8/11/2026

DEPARTMENT HEAD SIGNATURE

Jaclyn Litfin

DATE 8/11/2026

COUNTY ATTORNEY SIGNATURE

DATE

STATE GRANT CONTRACT/AGREEMENT NOT REVIEWED BY COUNTY ATTORNEY (GRANT RENEWAL WITH NO CHANGES IN TERMS AND
CONDITIONS).

DURATION:

PREFERRED PLACEMENT ON AGENDA: Consent

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BOARD OF COMMISSIONERS
AGENDA ITEM REQUEST
MEETING DATE: AUGUST 18, 2026

REGULAR AGENDA

REQUESTING DEPARTMENT: PUBLIC WORKS - HIGHWAY
TITLE OF REQUESTED ITEM AS IT WILL APPEAR ON BOARD AGENDA
Consider Resolution and Authorization of Acquisition — CSAH 29 Ext. Project
BACKGROUND INFORMATION
The proposed alignment for the CSAH 29 Extension Corridor was shifted to avoid
wetland impacts resulting in additional Right-of-Way Acquisition needs. The project is
scheduled to start construction in 2027 due to funding requirements.
ACTION REQUESTED
Approve Resolution and Authorize Acquisition
FISCAL IMPACT
ESTIMATED COST ($)
SOURCE OF FUNDS
NEW / ADDITIONAL REVENUE ($)
COST BUDGETED IN CURRENT YEAR?
SUBMITTED/APPROVED
SUBMITTER/SUPERVISOR SIGNATURE

DATE

DEPARTMENT HEAD SIGNATURE
Wesley Davis

DATE 8/12/26

COUNTY ATTORNEY SIGNATURE

DATE

STATE GRANT CONTRACT/AGREEMENT NOT REVIEWED BY COUNTY ATTORNEY (GRANT RENEWAL WITH NO CHANGES IN TERMS AND
CONDITIONS).

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DURATION:

PREFERRED PLACEMENT ON AGENDA:

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BENTON
N COUNTY
Y BOARD
D OF
F COMMISSIONERS
RESOLUTION
N #2026-_____
RESOLUTION
N DETERMINING
G THE
E NECESSITY
Y FOR
R AND
D AUTHORIZING
G THE
E ACQUISITION
N
F CERTAIN
N PROPERTIES
S FOR
R ROADWAY
Y PURPOSES
OF
WHEREAS, in 2010 Benton County determined it was necessary and in the public
interest and benefit to construct a new corridor of CSAH 29, from CSAH 1 to CSAH 3 (the
"Road Project");
WHEREAS, Benton County acquired land identified in Benton County Right of Way
Plat No. 6, recorded in the Benton County Recorder’s Office for the Road Project through
direct purchase and eminent domain proceedings;
WHEREAS, the Road Project was delayed because of the downturn in the economy
and the lack of funding for the project;
WHEREAS, funding has been obtained from the federal government to begin
construction of the Road Project from the federal government. The federal funding
requires funds be obligated prior to September 30, 2027 and be spent by September 30,
2032. As a result, the project is required to start construction in 2027 or the funding will be
rescinded.
WHEREAS, changes in Minnesota wetland mitigation requirements, the
requirement for stormwater retention ponds and additional right-of-way storm water
management requirements have necessitated a realignment of portions of the proposed
roadway and the need for additional property for right-of-way stormwater management;
WHEREAS, additional right of way is necessary for the Road Project in the form fee
title, permanent easements and temporary easements ("Additional Right of Way") over 15
parcels (the "Properties");
WHEREAS, Benton County has determined that obtaining title and possession of
the Additional Right of Way as soon as legally possible is necessary and in the public's
interest for the construction of the Road Project;
WHEREAS, all efforts shall be made to voluntarily acquire the Additional Right of
Way, but eminent domain will be used as a last resort.
NOW,, THEREFORE,, BE
E ITT RESOLVED
D BY
Y THE
E BOARD
D OF
F COMMISSIONERS
S FOR
R
N COUNTY,, MINNESOTA
A THAT:
BENTON

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1.
The acquisition of Additional Right of Way by the County over the following real
property:
Parcel 1: Robert J. Stoltman (PID No. 09.00097.00), Permanent and Temporary
Easements;
Parcel 2: Villages of Creekside Association (PID No. 19.04572.00 ). Permanent
Easement;
Parcel 3: Robert Stoltman (PID No. 19.00001.14), Permanent Easement;
Parcel 4: Robert J. Stoltman (PID No. 09.00096.01), Permanent and Temporary
Easements;
Parcel 5: Robert J. Stoltman (PID No. 09.00096.00), Fee Title;
Parcel 6: Dale J. Molitor & Beverly A. Molitor (PID No. 09.00095.00), Fee Title and
Temporary Easement;
Parcel 7: Terry C. Molitor & Marlene Molitor (PID Nos. 09.00092.01, 09.00093.01,
09.00094.00), Fee Title and Temporary Easement;
Parcel 8: Chad C. Pflipsen & Connie J. Pflipsen (PID No. 09.00104.00), Temporary
Easement;
Parcel 9: Terry C. Molitor & Marlene Molitor (PID No. 09.00104.01), Permanent
Easement;
Parcel 10: Chad C. Pflipsen & Connie J. Pflipsen (PID No. 09.00105.01),
Permanent and Temporary Easements;
Parcel 11: Spiczka Family Trust & Paul B. Spiczka Revocable Trust (PID No.
09.00105.00), Temporary Easement;
Parcel 12: Michelle M. Fisher, John A. Zehnder & Chad M. Zehnder (PID No.
09.00103.04), Permanent Easement;
Parcel 13: Richard Zehnder & Linda Zehnder (PID No. 09.00103.00), Temporary
Easement;
Parcel 14: Bradley Popp & Caitlin Froelich (PID No. 09.00103.01), Fee Title and
Temporary Easement; and
Parcel 15: Michelle A. Lortz (PID No. 09.00122.01), Fee Title.
and as depicted in Exhibit A, Proposed Benton County Road Right of Way Plat 6A, is
necessary for the purpose of constructing the Road Project; there may be slight
adjustments to the sizes of the Additional Right of Way as design and construction are
finalized. Consistent with existing right of way, the Additional Right of Way acquisition shall

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be in the form of fee title, a permanent easement and or a temporary easement as
identified above.
2.
The County has engaged an appraiser to prepare appraisals for the acquisition of
the Additional Right of Way from each of the Properties. The appraised valuation of
damages will be just compensation for purposes of the acquisition. The County Engineer,
in consultation with WSB, is authorized to approve the appraisal amounts. To the extent
that there are slight modifications to the Additional Right of Way, the valuations in the
appraisals shall be adjusted accordingly.
3.
WSB is hereby authorized on behalf of the County to acquire the Additional Right of
Way through direct negotiation and, if necessary, the County Attorney is authorized to
exercise of the power of eminent domain pursuant to and as authorized by Minnesota
Statutes Chapter 117.
4.
Benton County has received a federal grant to pay for a portion of the construction
costs which becomes available once the federal authorization has been received but no
later than September 30, 2027 and requires definitive timelines. Based upon the County's
need to obtain title and possession of a portion of the property for permanent road right-ofway to keep the construction project on schedule, WSB is specifically authorized to notify
the owners of intent to take possession pursuant to Minnesota Statutes Section 117.042.
WSB is further authorized to take all actions necessary to carry out the purposes of this
resolution in consultation with the County Engineer, County Attorney, and County
Administrator, including negotiating purchases in accord with the County Board's
authorization.
ADOPTED by the Benton County Board of Commissioners this ____ day of ______________
2026.

________________________________________
Steven Heinen, Chair
Benton County Board of Commissioners
ATTEST:

_______________________________________
Montgomery Headley

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County Administrator

EXHIBITT A
(Proposed Benton County Road Right of Way Plat 6A)

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BOARD OF COMMISSIONERS
AGENDA ITEM REQUEST
MEETING DATE: AUGUST 18, 2026

REGULAR AGENDA

REQUESTING DEPARTMENT: PUBLIC WORKS - HIGHWAY
TITLE OF REQUESTED ITEM AS IT WILL APPEAR ON BOARD AGENDA
Consider Approval of Benton Solar LLC. Road Use Agreement
BACKGROUND INFORMATION
Utilization of CR 50 and CSAH 25 per attached agreement.
ACTION REQUESTED
Approve Road Use Agreement
FISCAL IMPACT
ESTIMATED COST ($)
SOURCE OF FUNDS
NEW / ADDITIONAL REVENUE ($)
COST BUDGETED IN CURRENT YEAR?
SUBMITTED/APPROVED
SUBMITTER/SUPERVISOR SIGNATURE

DATE

DEPARTMENT HEAD SIGNATURE
Wesley Davis

DATE 8/12/26

COUNTY ATTORNEY SIGNATURE

DATE

STATE GRANT CONTRACT/AGREEMENT NOT REVIEWED BY COUNTY ATTORNEY (GRANT RENEWAL WITH NO CHANGES IN TERMS AND
CONDITIONS).

DURATION:

PREFERRED PLACEMENT ON AGENDA:

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ROAD USE AND REPAIR AGREEMENT
This Road Use and Repair Agreement (the “Road Use and Repair Agreement”) is entered into by
and between Benton Solar, LLC, a Delaware limited liability company (“Operator”) and Benton
County, Minnesota; (“County”), which are sometimes individually referred to as a "Party" and
collectively as the "Parties".
RECITALS
A. The Operator desires to construct the Project described in the three (3) PUC Permits
numbered IP-7115/GS-23-423, IP-7115/ESS-24-283 and IP-7115/TL-23-425, in
Benton, County, Minnesota.
B. The Parties to this Road Use and Repair Agreement hereby agree to the use and repair
of Public Roadways under the jurisdiction of the County by Operator, all in accordance
with the terms and conditions set forth herein.
C. In connection with the development and construction of the Project, it will be necessary
for the Operator Parties to: (i) transport heavy equipment and materials over Haul
Roads located in the County, which may in certain cases be in excess of the design
limits of such roads; (ii) transport certain locally sourced materials, such as concrete
and gravel, on such Haul Roads; (iii) widen Haul Roads and make certain modifications
and improvements (both temporary and permanent) to Haul Roads (including to certain
culverts, bridges, traffic control devices, road shoulders and other related fixtures) to
permit such equipment and materials to pass; and (iv) place Transmission and
Collection Systems for the Project adjacent to or under certain roads identified on
Appendix D-3 of this Exhibit for the purposes of carrying electrical current from the
Project.
AGREEMENT
In consideration of mutual promises and covenants contained herein, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby
agree as follows:
1.

Effective Date and Termination
1.1

Effective Date. The “Effective Date” of this Agreement is May 1, 2026.

1.2

Termination. This Agreement shall terminate five (5) years from the date of initial
acceptance of all Public Roadway restoration as evidenced by issuance of the
Certificate of Completion pursuant to this Agreement. This Agreement may be
terminated by mutual written agreement of the Parties or terminated by the Operator
in its sole discretion. If Operator elects to terminate this Agreement, Operator shall
give notice to the Road Supervisor and comply with all provisions of this
Agreement that apply to any work already performed on the Project.
Notwithstanding the forgoing, any termination of the Agreement shall not terminate
Operator’s right to maintain, repair, or remove Transmission and Collection

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Systems for the Project which are installed under or adjacent to those roads
identified on Appendix D-3 and will be subject to Right-of-Way permits issued by
the County.
2.

Definitions. Unless the context shall otherwise require, capitalized terms used in this
Agreement shall have the meanings ascribed to them in this below:

“Agreement” means this Road Use & Repair Agreement.
“Certificate of Completion” means the document issued by the Road Supervisor pursuant to this
Agreement certifying that Operator has satisfactorily completed all items listed on the Final Punch
List.
“Commercial Operation Date” means the date the Operator notifies the Road Supervisor in
writing that it has begun generating energy, excluding trial energy, for sale under the terms of its
power purchase agreements or other enforceable mechanism for sale of electricity from the Project.
“County Engineer” means the County Highway Engineer as defined by Minnesota Statute
163.07.
The County Engineer at the time of execution of this Agreement is
_________________________ Tel. ____________________ E-mail: _____________________
“Drainage Authority” means a County Board or Joint County Drainage Authority, having
jurisdiction on or over systems or projects as defined by Minnesota Chapters 103D or 103E.
“Drainage Supervisor” means a person appointed as such by the Counties to oversee all Projectrelated activities affecting Public Drainage Systems within the Project Area and to carry out the
obligations and duties set forth in this Agreement.
“Equivalent Single Axel Load” or “ESAL” means the output of a calculation method developed
by the Minnesota Department of Transportation that equates various axle loads and configurations
to the damage done by a number of 18,000 pound single axles with dual tires on pavements of
specified strength over the design life of the pavement.
“Final Punch List” means the list prepared after the Commercial Operation Date by Operator
and agreed to by Road Supervisor evidencing repairs or restoration of Public Roadways.
“Hauling Activities” has the meaning as defined in Section 3.4.
“Haul Roads” means all Public Roadways under the jurisdiction of the County that are identified
in Appendix D-1 and approved by the County for use by the Operator Parties in connection with
the construction of the Project, including the transportation of materials, equipment, and personnel
to and from the Project Area. If the Haul Roads need to be changed, D-1 will be amended and
approved by the County Engineer.
“Operator Parties” means Operator, as the Project developer and primary Project interest holder,
and its contractors, subcontractors, suppliers and each of their respective agents, employees,
representatives, and permitted successor and assigns engaged to do any of the work outlined in
this Agreement.
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“Project Area” means the areas shown on the map provided as Exhibit A.
“Project Facilities” means Operator’s solar energy conversion system and associated facilities as
defined in Minnesota Statute 216E.04 and Minnesota Administrative Rules Part 7850.1900 and
high voltage transmission lines and associated facilities as defined in Minnesota Statute 216E.04
and Minnesota Administrative Rules (Minn. R.) Part 7850.2800.
“Public Drainage Systems” means those publicly-owned drainage systems established or under
the jurisdiction of a Drainage Authority under Minnesota Chapters 103D or 103E, and including
drainage right-of-way.
“Public Right-of-Way” means the area on, below, or above a public roadway, highway, street,
cartway, bicycle lane, and public sidewalk in which the local government unit has an interest,
including other dedicated rights-of-way for travel purposes and utility easements of local
government units.
“Public Roadway” means roadways and appurtenant rights-of-way that are under the jurisdiction
of Benton County, Minnesota, and including without limitation Roadway Ditches.
“Roadway Ditches” means open ditches located adjacent to Public Roadways and within the
public right-of-way.
“Road Supervisor” means a person appointed by Benton County as a Special County Engineer
for the purposes of overseeing all Project-related activities affecting Public Roadways within the
Project Area and to carry out the obligations and duties set forth in this Agreement. At the time
of execution of this Agreement, the Road Supervisor is Karle Meyer; and can be contacted at
Tel.320.968.5052 and Email [email protected].
“Transmission and Collection Systems” means certain wires, cables, conduits and/or lines (and
their associated poles and equipment) related to the transmission of electricity and data from the
Project above or below ground at a location adjacent to or under (including across) certain Public
Roadways, as identified in Appendix D-3.
“Business Day” means all days of the week, excluding, Saturday, Sunday and any State or Federal
Holiday.
3.

Use of Roads.
3.1

Road Use and Repair. The use of the Public Roadway(s) for construction of the
Project may exceed the normal anticipated use of the Public Roadways controlled
by the County. The Operator shall, in conjunction with the County Highway
Department and the County Engineer or Designated Agent, work cooperatively to
maintain the integrity of road infrastructure at pre-development conditions in any
and all cases. For purposes of this Agreement, the County has agreed that the
County Engineer or Designated Agent shall have the authority to enforce this
Agreement as it relates to the impact of the Project on the County’s roads that may
be identified as Haul Roads pursuant to this Road Use and Repair Agreement.
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3.2

Public Drainage System Protection. The Parties acknowledge that no material
impacts to Public Drainage Systems are anticipated from the Operator’s use of
Public Roadways for construction of the Project, and no separate public drainage
system agreement or exhibit is required to be attached to this Agreement.
Notwithstanding the foregoing, if any Public Drainage System located within the
Public Right-of-Way is directly damaged by the activities of the Operator or
Operator Parties in connection with the construction of the Project, such damage
shall be repaired at the Operator’s expense. Operator shall not be responsible for
pre-existing conditions or deficiencies in Public Drainage Systems

3.3

Removal of Construction Debris. All Project construction-related debris, material,
and rocks larger than 3 inches in diameter which are not an integral part of the
Project will be removed from the Haul Roads and adjacent right-of way areas. This
includes all litter generated by the construction crews.

3.4

Use of Haul Roads. In connection with the development and construction of the
Project, the County hereby acknowledges and agrees that the Operator Parties may
use the Haul Roads at any time, seven (7) days a week. Only Public Roadways
under the jurisdiction of the County shall be considered for inclusion as Haul Roads
in Appendix D-1. The Haul Roads may be used by the Operator Parties in
connection with the development and construction of the Project, including the
transportation of heavy equipment and materials to and from the Project Area. In
addition to identifying the Haul Roads that will be used by the Operator Parties,
Appendix D-1 identifies the routes over the Public Roadways that will be used for:
(i) transportation and delivery of solar panels, related equipment and components
and other materials and equipment into the Project Area; (ii) transportation leaving
the Project Area following delivery of equipment and materials; (iii) movement of
the assembled cranes; (iv) transportation and delivery of locally sources materials,
including concrete and gravel; and (v) transportation of other vehicles and items
associated with construction of the Project (collectively, the “Hauling Activities”).
The County agrees that, from time to time, the Operator may include additional
roads as Haul Roads by first (A) submitting an updated version of Appendix D-1
to the County that includes such additional roads and (B) performing an Initial
Evaluation, on such additional roads and submitting an amended Appendix D-2.
Upon approval by the Road Supervisor, such updated versions of Appendices D-1
and D-2 to this Road Use and Repair Agreement shall be amended and restated as
such updated versions of Appendices D-1 and D-2 without the requirement to
amend this Agreement or any further action required by either Party. The Road
Supervisor’s approval of updates to Appendices D-1 and D-2 shall not be
unreasonably withheld or delayed.

3.5

Road Supervisor to Enforce for the County. For purposes of this Road Use and
Repair Agreement, the Operator and the County have agreed that the Road
Supervisor shall have the authority to enforce the Agreements as they relate to the
Public Roadways identified on Appendix D-1, as may be amended by the Parties
from time to time.
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3.6

Construction Period Meetings. Beginning with commencement of construction of
the Project and before delivery of materials and equipment to the Project Area, the
Operator and the Road Supervisor shall meet from time to time upon the reasonable
request of the Operator or Road Supervisor to discuss the expected use of the Haul
Roads, including the construction schedule and the Haul Roads to be used. The
Road Supervisor shall have authority to act on behalf of the County on matters
relating to use of Haul Roads.

3.7

Construction Practices. The following construction practices shall be observed by
the Operator in constructing this Project as it affects Public Roadways..

3.8

Storage of equipment and material during construction: All materials and
equipment must be stored and parked within the bounds of the staging areas
acquired by the Operator so that it will not interfere with public
transportation, as determined by the County Engineer.

Equipment and materials stored adjacent to the Public Roadway must be
stored outside of the road right-of-way. Equipment and materials may only
be stored within the road right-of-way with the County Engineer prior,
written consent.

Evaluation of Haul Roads.
a.

Initial Evaluations. As soon as practicable after the execution of the this
Agreement, but in any event prior to the commencement of Project
construction and before delivery of materials and equipment to the Project
Area, the Operator shall, at its own expense, hire a qualified independent
engineer (“Qualified Engineer”) to inspect and structurally assess all Haul
Roads and to provide a report (the “Initial Evaluation”). An enumeration
of each Initial Evaluation for the Haul Roads shall be included
automatically as a part of Appendix D-2 of this Road Use and Repair
Agreement. The Initial Evaluation shall include or address the following:
i.

The Qualified Engineer shall determine if the Haul Roads have the
structural capacity to carry the loads generated by the Operator
Parties.

ii.

If the Qualified Engineer determines that the Haul Roads are
insufficient to carry the loads generated by the Operator Parties, the
Qualified Engineer shall provide a recommendation to the Operator
and County as to how the Haul Roads will be made sufficient. All
cost associated with making the Haul Roads sufficient for the
Operator Parties shall be the responsibility of the Operator.

iii.

The Qualified Engineer shall determine the number of ESALs
generated by the Operator Parties for each mile of Haul Road.

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3.9

iv.

For Haul Roads that are paved, the Qualified Engineer shall
determine the road life consumed by the Operator Parties. The
Qualified Engineer shall compare the ESALs generated by the
Operator Parties to the 20 year design ESALs of the paved Haul
Road. The Qualified Engineer shall compute the required Granular
Equivalency (“GE”) for the paved Haul Road without the Operator
Parties ESAL and with Operator Parties ESAL.

If the additional ESAL generated by the Operator Parties increase
the required GE for the paved Haul Road, it shall be the
responsibility of the Operator to make sure the paved Haul Road
meets or exceeds the required GE prior to construction or reimburse
the County for the cost of the GE prior to construction.

vi.

The GE reimbursement rate shall be $92/ton per 0.1 inch per mile
for paved Haul Roads.

vii.

The GE reimbursement rate shall be $29.65/ton per 0.1 inch per mile
for gravel Haul Roads

Updates to Appendix D-1. If the Operator submits an updated version of
Appendix D-1 to the County, the County and the Operator shall perform an
Initial Evaluation with respect to each additional road that the Operator has
included in Appendix D-1 as a Haul Road. The costs of each Initial
Evaluation will be borne by the Operator. Additional evaluations shall be
conducted only in the event the Parties mutually agree.

Preconstruction Road Conditions. Prior to commencement of the Project
construction, the Operator shall, at its expense, provide the Road Supervisor
with documentation such as cross section surveys, centerline profile, culvert
condition inventory, etc., (and other means to determine the ‘remaining life’
in paved roads before and after the Project to determine the road life used
by Operator during the Project) documenting the preconstruction condition
of all Haul Roads to be used during construction of the Project. This will
be made available to the Road Supervisor to review for accuracy and clarity
and will be considered as the record of the preconstruction condition of the
roads unless the Road Supervisor provides Operator with a written objection
seven (7) Business Days after receipt of such documenting material.

County Haul Road Maintenance. While Hauling Activities are in progress, the
County shall maintain Haul Roads, based on the normal maintenance activities for
similar roads within each County, including typical grading, snow removal,
striping, routine signage and all other normal maintenance and repairs. If the
condition of a Haul Road deteriorates as a result of the increased loading caused by
the activities of the Operator Parties, despite the normal maintenance activities of
the County, the Road Supervisor will determine the permissible weights of vehicles
in accordance with Minn. Stat.§ 169.87. If Haul Roads are damaged by the loads
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generated by the Project, the Operator and Road Supervisor shall meet to agree
upon necessary repairs. Operator shall implement such repairs at its own cost,
unless it requests the County make such repairs, in which case Operator shall
reimburse County for all reasonable actual costs for such repairs.
3.10

3.11

Maintenance of Traffic. The Operator shall, throughout construction of the Project,
provide and maintain all traffic control devices as deemed necessary for the safe
and efficient movement of the public. Emergency vehicles must have access to
Public Roadways and special attention will be required for the maintenance of
existing planned routes of school buses and mail carriers. The Operator shall obtain
a Special Road Use Permit if a full or partial road closure will be required. The
Operator will comply with the Special Road Use Permit policy. Should any road
become impassable at anytime, the Operator shall notify the applicable Law
Enforcement Center immediately and make necessary accommodations for the
traveling public and emergency vehicles. Maintenance of traffic shall be in
conformance with the Minnesota Manual of Uniform Traffic Control Devices
(“MN MUTCD”); this includes, but is not limited to, the following:
a.

To advise, warn, and alert the traveling public of construction in advance of
the Project termini and on all roads, streets, and public trails approaching or
crossing the Project.

To control and guide traffic through the Project; and if necessary to provide
necessary flag persons and pilot vehicles.

Operator shall respond as soon as reasonably practicable, but in no event
later than one hour after any call from the Road Supervisor or his
Authorized Designee concerning any request for improving or correcting
safety related traffic control devices.

If, at any time, Operator fails to properly furnish, install, maintain or remove
any required traffic control devices in a timely manner, the County reserves
the right to properly correct the deficiency. All costs incurred by a County
to correct the deficiency shall be paid by Operator.

Oversized and Overweight Move Permits. Move permits must be obtained and
complied with throughout the duration of the Project for Public Roadways under
the County’ authority. Prior to the following week’s construction, permits shall be
secured for all planned moves along with confirmation of the previous week’s
moves as planned. If any move is to be altered, it must be approved by the Road
Supervisor and so noted in the weekly move permit log. Note:
a.

The oversized permit fee is Per the County’s Fee Scheduled Effective
January 1, 2026.

Equipment mounted on crawler tracks or steel-tired wheels shall not be
operated on or across concrete or bituminous surfaces without specific
authorization from the Road Supervisor. Special restrictions may be
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imposed with respect to speed, load distribution, surface protection, and
other precautions considered necessary.
c.

The Operator shall comply with legal load restrictions. Overweight Permits
will not be issued or valid during the Spring Road Restriction period, as
determined by the Road Supervisor.

Should construction operations necessitate the crossing of an existing
pavement with equipment or loads that would otherwise be prohibited,
methods of load distribution or bridging shall be approved by the Road
Supervisor and shall be provided by the Operator.

Neither by issuance of a special permit, nor by adherence to any other
restrictions imposed, shall the Operator be relieved of liability for damages
resulting from the operation and movement of construction equipment,
materials or supplies by Operator Parties.

3.12

Protection of Bridges or Structures. The Operator shall, at its own expense, hire a
Minnesota Professional Engineer approved by the Road Supervisor to inspect and
structurally assess all bridges or structures on a Haul Road or Roadway Ditch
crossings and provide documentation to the satisfaction of the Road Supervisor of
acceptable fortification for use of said bridges or structures.

3.13

Reserved

3.14

Operator Maintenance of Haul Roads During Construction. The Operator shall
maintain all Haul Roads during periods of active construction and hauling
activities to the reasonable satisfaction of the Road Supervisor. Operator’s
maintenance obligations under this Section 3.14 are intended to be supplemental
to, and not in lieu of, the County’s maintenance obligations set forth in Section
3.9. Maintenance during construction shall constitute continuous and effective
work prosecuted day by day, with adequate equipment and forces to the end that
all roadways and structures are kept in such reasonably satisfactory condition at
all times.
a.

If, at any time, the Operator fails to comply with the provisions as contained
in this Section 3.14 (a), the Road Supervisor will notify the Operator of the
deficiencies. If the Operator fails to begin to remedy unsatisfactory
maintenance within 24 hours after receipt of written notice to do so, the
Road Supervisor may immediately proceed to maintain the roadway and
shall invoice the Operator for the costs incurred in connection with the
maintenance. Maintenance may include but not be limited to dust control,
sweeping, blading of gravel surfaces, aggregate surfacing, bituminous
surfacing, etc. The Road Supervisor may, in its discretion and as staff time
permits, make inspections of the Haul Roads to ensure compliance with the
Operator’s maintenance and safety obligations.

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There may be times when immediate action may be required to protect the
public safety. When this need arises, the Operator will be verbally notified
of the problem and instructed to take immediate action to correct the
problem. If the problem is not corrected immediately within twenty-four
(24) hours the Road Supervisor shall arrange to have the correction done by
others.

Operator shall provide dust control measures for all gravel Haul Roads.

Operator shall blade all gravel Haul Roads as needed to provide the safe
travel of automobiles. Roadways shall have a centerline crown with a 4%
down slope on each side of centerline.

When a Public Roadway is not passable for safe travel by automobiles due
to rutting, potholes or other deformation of the roadway, corrective action
shall be taken. The materials, placement and workmanship shall be in
accordance with the Minnesota Department of Transportation’s Standard
Specifications for Construction 2005 edition.

Operator shall pay all costs associated with the maintenance of Haul Roads
that are the responsibility of Operator as noted in this Section 3.14 during
construction of the Project to the extent such maintenance is required due
to the activities of the Operator Parties and exceeds normal maintenance
performed by the County as noted in this Agreement.

Repair of Haul Roads.
4.1

Restoration and Certificate of Completion Preliminary Punch List. At least fifteen
(15) Business Days prior to the installation of the last solar panel on the Project,
Operator shall issue a preliminary punch list of items requiring restoration or repair
under this Agreement. The County Engineer or Designated Agent shall review the
preliminary punch list and provide comments to Operator within ten (10) Business
Days of receipt of the preliminary punch list. Operator will proceed with correcting
all punch list items upon which the Operator and County Engineer or Designated
Agent agree. If there are items upon which Operator and Road Supervisor disagree
or which the County Engineer or Designated Agent wishes to have added to the
punch list, Operator and County Engineer or Designated Agent shall meet to
attempt to reach agreement on all such items. If agreement cannot be reached,
Operator shall engage an independent engineer acceptable to County Engineer or
Designated Agent to review the items and this Agreement and determine whether
the items in dispute should be part of the punch list. The determination of the
independent engineer shall be final. Operator shall make repairs in accordance with
the determination by the independent engineer.

4.2

Final Punch List. No later than fifteen (15) Business Days after the Commercial
Operation Date, County Engineer or Designated Agent shall issue a Final Punch
List including items requiring repair or restoration under this Agreement. The
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Operator shall review the County Engineer Final Punch List and provide comments
to County Engineer within five (5) Business Days of receipt of the Final Punch List.
Operator will proceed with correcting all Final Punch List items upon which the
Operator and County Engineer or Designated Agent agree. If there are items upon
which Operator and County Engineer or Designated Agent disagree or which the
County Engineer or Designated Agent wishes to have added to the Final Punch List,
Operator and County Engineer or Designated Agent shall meet to attempt to reach
agreement on all such items. If agreement cannot be reached, Operator shall engage
an independent engineer acceptable to County Engineer or Designated Agent to
review the items and this Agreement and determine whether the items in dispute
should be part of the Final Punch List. The determination of the independent
engineer shall be final. Operator shall make repairs in accordance with the
determination by the independent engineer.
4.3

Completion of Final Punch List. Operator shall complete all Final Punch List items
no later than thirty (30) Business Days after agreement with the County Engineer
or Designated Agent on the Final Punch List or, if punch list items have been in
dispute, no later than thirty (30) Business Days after a determination by the
independent engineer. Notwithstanding the foregoing, if any Final Punch List item
cannot reasonably be completed within such thirty (30) Business Day period due to
the nature of the required work, weather conditions, seasonal limitations, or other
factors beyond the Operator’s reasonable control, then such item shall be completed
within a reasonable period of time thereafter, and the Operator shall not be deemed
in default provided it is diligently pursuing completion of such work.

4.4

Certificate of Completion. Upon Operator’s completion of all items on the Final
Punch List, the County Engineer or Designated Agent shall issue a Certificate of
Completion to Operator certifying the date on which all Final Punch List items were
completed.

4.5

Obligation to Repair Roads. Following the procedures set forth above, if the Haul
Roads or related appurtenances, including bridges, culverts, traffic control devices,
and other road fixtures are damaged by Hauling Activities conducted by Operator
Parties on such Haul Roads, the Operator shall repair (or cause to be repaired) such
damage and restore such road to the condition they were in prior to the damage
caused by Hauling Activities conducted by the Operator Parties (as near as is
reasonably practicable having due regard for normal wear and tear). The Parties
shall rely upon the Initial Evaluation conducted pursuant to this Agreement for
purposes of determining whether the repair has been performed in accordance with
the standard set forth in this Agreement. The County understands and agrees that
the Operator is not responsible for any damage to the Haul Roads that is not caused
by Operator Parties. Since the Operator’s Hauling Activities will potentially
consume a large portion a paved road’s life capacity without evidence of visual
damage, the Operator shall provide testing at its own expense to determine road life
capacity used; and, in Operator’s sole discretion, repair the Haul Roads, reimburse
the County for road life capacity consumed by the Hauling Activities required for
the Project, or reimburse the County at a predetermined cost per ESAL.
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4.6

Warranty of Repair. Following the completion of the Project construction, the
Operator will restore Public Roadways and Public Drainage Systems in
conformance with this Agreement. If, within twenty-four (24) months following
completion and acceptance of the Operator’s repair, as evidenced by the Certificate
of Completion, uneven settling occurs or surface drainage problems develop as a
result of Project construction, the Operator will provide additional repair and
leveling services within a reasonable period of days, considering the circumstances,
including weather, harvest, planting, and similar conditions, after receiving written
notice from a County of such problem; provided, however, that Operator shall not
be responsible for damage caused by parties other than the Operator Parties. In the
event Operator fails to provide additional repair leveling services within a
reasonable amount of time after receiving notice from the Road Supervisor of such
problem, and a County elects to address such problems, Operator shall provide the
County reasonable compensation for such repair and leveling services (based upon
the actual cost of restoration, including the reasonable value of staff time if
completed by the County.

4.7

As-Built Plans. The Operator shall, within 180 days of completion of installation
of the Project, file with the County electronic copies, in pdf format, of as-built
drawings of the Project and its appurtenant facilities. For applicable projects,
electronic GPS locations of the site boundary, access roadways, easements, and
other data deemed appropriate by the Road Supervisor must be provided within 60
days of completion of the Project.

4.8

Repair of Damaged Soil Conservation Practices. All soil conservation practices
(such as terraces, grassed waterways, etc.) within the Roadway Ditches within
Public Roadway right-of-way which are damaged by the Project construction, will
be restored to their pre-construction condition.

4.9

Prevention of Soil Erosion. If requested by the County, the Operator will work
with the County, Drainage Authorities and Watershed Districts to prevent excessive
erosion on lands disturbed by the construction within the Roadway Ditches, Haul
Roads and Public Drainage Systems. The Operator shall provide to the County,
Drainage Authorities and Watershed Districts, a copy of their Erosion Control Plan
and State of Minnesota National Pollution Discharge Elimination System Permit
prior to start of construction. Reasonable methods will be implemented to prevent
erosion. If the County Engineer, Drainage Supervisor, or Drainage Authority and
Operator cannot agree upon a reasonable method to prevent erosion on the
Roadway Ditches within Haul Road right-of-way or Public Drainage Systems, the
opinion of the County Engineer, Drainage Supervisor, or Drainage Authority, as
applicable, shall be implemented by the Operator provided that Operator shall have
the right to challenge the reasonableness of such method after implementation.

4.10

Pumping of Water from Open Trenches. In the event it becomes necessary to pump
water from open trenches, Roadway Ditches and Public Drainage Systems, the
Operator shall provide the County Engineer with prior written notice and will pump
the water in a manner that will avoid damaging adjacent Roadway Ditches, Public
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Roadway or Public Drainage System and adjacent agricultural lands, crops and/or
pasture. Such damage includes, but is not limited to, inundation of crops for more
than 24 hours, deposition of sediment in Roadway Ditches, Public Roadway and
Public Drainage Systems and the deposition of gravel in Roadway Ditches, Public
Roadway and Public Drainage System. All pumping of water shall comply with
existing drainage laws, local ordinances relating to such activities, State of
Minnesota National Pollution Discharge Elimination System/Storm Water Permits
and federal wetland regulations and laws.
4.11

Conditions Relating to Work within Right-of-Way. Operator shall obtain a Utility
Permit to work within the Right-of-Way. The Operator shall comply with the
following conditions, including any additional requirements in the Utility Permit,
in connection with any repair, maintenance or other work to be conducted within
any public right-of-way:
a.

Operator shall provide the Road Supervisor with written notice of intent to
work within the right-of-way at least five (5) days before beginning work.

Operator shall not begin any work within the right-of-way until it receives
written notice to proceed from the Road Supervisor, which notice shall be
given as soon as can reasonably be issued accounting for safety concerns,
but in no event later than three (3) days after receipt of Operator’s notice.

Operator shall provide the Road Supervisor with written notice of the
identity of any contractor Operator intends to use to perform the work
within the right-of-way. The Road Supervisor will have the right to approve
the contractor and subcontractors who will complete the repair or
maintenance. Notwithstanding the Road Supervisor’s approval of a
contractor or subcontractor, Operator will accept responsibility as the
general contractor for the repair and maintenance. The Road Supervisor’s
approval of the contractor and/or subcontractors shall not be unreasonably
withheld.

If requested by the Road Supervisor and not previously provided under this
Agreement, the Operator shall provide plans and specifications to the Road
Supervisor for the road repair or reconstruction consistent with the
restoration criteria and the Initial Evaluation (the “Plans and
Specifications”). The Road Supervisor shall review, provide reasonable
comments on and approve the Plans and Specifications within 14 days of
receipt. Thereafter, the Operator shall complete the repair or reconstruction
according to the approved Plans and Specifications.

Operator will be responsible for all costs relating to the maintenance, repair
or reconstruction of the Haul Roads, soil and erosion control measures, and
related improvements, as required by this Road Use and Repair Agreement.

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Following completion of the work by Operator, the roads, soil and erosion
control measures, and related improvements will be subject to the
inspection and reasonable approval of the Road Supervisor. If any material
or repair supplied does not conform to the restoration criteria and is
reasonably rejected by the Road Supervisor as defective or unsuitable, then
such rejected material or repair shall be removed and replaced with
approved material or repair to meet the restoration criteria and the
reasonable satisfaction and approval of the Road Supervisor, entirely at the
cost and expense of the Operator. The approval of the Road Supervisor
shall not be unreasonably withheld or delayed.

Following completion and acceptance of the work, the Operator will
provide to the Road Supervisor an electronic file of the record plans or “asbuilt” of all utilities and road construction plans.

Time is of the essence for the completion of any work within a public rightof-way, including any maintenance, repair or reconstruction of roads and
associated improvements.

Modifications to Designated Haul Roads.
5.1

Modifications to Haul Roads. The County hereby acknowledges, agrees and
consents to reasonable modifications by the Operator Parties to the Haul Roads as
are reasonably necessary to accommodate the use of the Haul Roads by the
Operator Parties, including the widening of certain roads, the strengthening,
lengthening and/or spanning of existing culverts and bridges, and other
modifications reasonably necessary to accommodate the heavy equipment and
materials to be transported on the Haul Roads. Operator will first obtain all
appropriate permits prior to making any modifications identified in this section.
a.

the Operator shall obtain driveway permits for any new or modified
driveway serving the Project. The Operator agrees to meet the conditions
of the permit for drainage requirements, geometric design, and location.
The Operator shall be responsible for Driveway permit fees.

Temporary intersection modifications to accommodate turning radii will
require a Radius Extension Permit. The Operator agrees to meet the
conditions of the permit for drainage requirements, geometric design, and
location. The Operator shall be responsible for the Radius Extension permit
fees.

All intersections and driveways temporarily modified to accommodate
turning radii must be restored to their permanent widths prior to issuance of
the Certificate of Completion.

Drainage intakes located in the Public Right of Way shall be protected from
siltation or relocated with approval of the Road Supervisor and/or County
Drainage Inspector.
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All traffic control shall be maintained per the Minnesota Manual of Uniform
Traffic Control Devices. Deviations without documentation shall not be
permitted.

The Road Authority will remove and replace all regulatory signs within the
right-of-way. The Operator will be responsible for costs associated with
removal and replacement of regulatory signs.

The Operator will be responsible for installing additional temporary
regulatory signs on crash tested portable supports to supplement the
permanent signs on intersections that are widened.

5.2

Compliance with Law. The Operator agrees that all road modifications shall
comply with all applicable laws except to the extent provided for in this Road Use
and Repair Agreement.

5.3

Transmission and Collection Systems. The Operator shall file a ‘Utility Permit’
application to document the location of the Transmission and Collection Systems.
If the application meets all requirements, the County will grant a permit for the
placement of Transmission and Collection Systems related to this Project in Public
Right of Way, subject to the approval of the Road Supervisor of the location of the
Transmission and Collection Systems. The Operator agrees to meet the conditions
of the Utility Permit with respect to such installations. Utility permit fees are set
forth in County’s Fee Schedule. At the request of the Operator, the County shall
reasonably cooperate between the Effective Date and the termination of this
Agreement, in the preparation and execution of a recordable memorandum in a
form reasonably acceptable to the County, evidencing the existence of this
Agreement and the rights granted herein for the placement of Transmission and
Collection Systems within the Public Right-of-Way; provided that such
memorandum shall not be deemed to grant or convey any real property interest or
easement and shall be subject to the County’s rights and limitations with respect to
the Public Right-of-Way.

Failure to Repair.
If the Operator fails on its own to repair any Haul Road that is damaged by Hauling
Activities conducted by the Operator Parties, the Road Supervisor may require in writing
that the Operator repair such damage and return such roads to the condition such roads
were in prior to such damage (as closely as is reasonably practicable having due regard for
normal wear and tear). Prior to commencement of such repair, the Road Supervisor and
the Operator shall meet to review the damage in relation to the Initial Evaluation or most
recent subsequent evaluation, as applicable. After such review, the Operator shall repair
(or cause to be repaired) such damage and restore the road to the standard set forth in this
Agreement, to the extent such damage was caused by Hauling Activities conducted by the
Operator Parties. Any repair and restoration shall promptly be performed at such times as
the Road Supervisor may reasonably determine, having due regard for safety, the presence
of emergency conditions and the costs of such repairs. If the Operator fails to repair such
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roads within the agreed period, then, unless the Parties mutually agree otherwise, the Road
Supervisor may make such repairs and shall invoice the Operator for the costs incurred in
connection with the repair. Any such invoice shall be accompanied by reasonable
supporting documentation sufficient to justify the amounts claimed due by the County.
The Operator shall pay such invoiced amounts within thirty (30) days following Operator’s
receipt of the invoice and supporting documentation. If Operator fails to make timely
payment for amounts owed under this Section, the County may access the security provided
in this Agreement.
7.

General Provisions.
7.1

Cooperation. The Parties agree to communicate and cooperate in good faith
concerning the safe implementation of the Project and work together to prevent or
correct any hazardous road conditions that may be created by the Project.

7.2

Binding Effect. This Agreement shall be binding upon, and inure to the benefit of,
the Operator and Counties and their respective heirs, successors (by merger,
consolidation or otherwise) and assigns, devisees, administrators, representatives,
lessees and all other persons or entities acquiring all or any portion of the Project,
any lot, parcel or any portion thereof within the Project Area, or any interest therein,
whether by sale, operation of law, devise, or in any manner whatsoever.

7.3

Amendment or Waiver. No waiver and no modification or amendment of any
provision of this Road Use and Repair Agreement shall be effective unless
specifically made in writing and duly agreed to by the Parties. Waiver by any Party
of any breach or failure to comply with any provision or term of this Road Use and
Repair Agreement by another party shall not be construed as, or constitute, a
continuing waiver, or a waiver of any breach of, or failure to comply with, any other
provision of this Road Use and Repair Agreement.

7.4

Governing Law. This Road Use and Repair Agreement shall be governed by and
interpreted in accordance with the laws of the State of Minnesota, and hereto intend
that Minnesota law shall apply to the interpretation hereof. For the purpose of
resolving any dispute with respect to this Road Use and Repair Agreement, each
party agrees that the venue for any legal action shall be in Benton County,
Minnesota.

7.5

Severability. If any provisions of this Road Use and Repair Agreement are
determined to be unenforceable, invalid or excessive, this Road Use and Repair
Agreement can thereafter be modified, to implement the intent of the Operator and
County to the maximum extent allowable under law and the remainder of this Road
Use and Repair Agreement shall remain unaffected and in full force and effect.

7.6

Authority. The Parties each represent and warrant that it has the respective power
and authority and is duly authorized to enter into this Agreement on the terms and
conditions herein stated and to execute, deliver and perform its obligations under

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this Agreement. Operator shall provide the Counties a list of officers authorized to
act for the Operator.
7.7

No Third-Party Beneficiary. This Agreement is made and entered into for the sole
protection and benefit of the Operator and the County and their successors and
assigns. No other person shall have any right of action based upon any provision
of this Agreement.

7.8

Agent for Service of Process. The Operator shall appoint an agent for service of
process in Minnesota and register such address with the Secretary of State and shall
provide written notice setting out the name, address and telephone number of said
agent to each County, Drainage Authority or Watershed District that is Party to this
agreement within 30 days of the Effective Date.

7.9

Insurance. Before starting construction, the Operator shall file with each County
Administrator Certificates of Insurance or self-insurance acceptable to the
Counties, for itself and all of its contractors, which shall contain a provision that
the policies will not be canceled or materially changed until at least ten days prior
written notice has been given to the County Administrators. This insurance shall be
written for not less than the following limits:
Workers Compensation. Insurance covering all employees
meeting statutory limits in compliance with the applicable state and federal laws.
The coverage must include Employers’ Liability with limits of $500,000.00 for
each claim; $500,000.00 for each occurrence and $500,000.00 aggregate.
Comprehensive General Liability. Coverage shall have
minimum limits of $1,500,000 per occurrence and $3,000,000 general aggregate,
Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Products and Completed
Operations (if applicable); Contractual Liability; Explosion, Collision and
Underground (XCU); Hazard Liability (if applicable): Personal Injury Liability;
and Aircraft (if applicable) and Operator shall maintain an additional insured
endorsement. Operator shall also maintain in effect Umbrella Liability Insurance
with minimum limits of $5 Million Dollars per occurrence and $5 Million Dollars
aggregate.
Business Auto Liability. Coverage shall have minimum limits of
$1,500,000.00 per occurrence and $500,000.00 per accident, combined Single Limit
for Bodily Injury Liability and Property Damage.
This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee.
IF APPLICABLE: Cyber Liability Coverage: Contractor shall
procure and maintain for the duration of the contract insurance
covering claims arising out of its services and including, but not
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limited to, loss, damage, theft or other misuse of data,
infringement of intellectual property, invasion of privacy and
breach of data.
Minimum liability limits:
$1.5 million per occurrence or claim
$3 million aggregate
The policy shall provide coverage for breach response costs, as
well as regulatory fines and penalties. Limits should be sufficient
to respond to these obligations.

7.10

Timely Performance. Time is important in the performance of each and every
obligation to be performed by the Parties hereto.

7.11

Obligations Surviving Termination. In addition to Operator’s obligation to
maintain security as provided in this Agreement, neither termination nor expiration
of this Agreement will release either Party from any liability or obligation under
this Agreement, whether of indemnity or otherwise, resulting from any acts,
omissions or events happening prior to the date of termination or expiration.
Further, the rights and obligations in this Agreement related to Project Facility
repairs, maintenance and replacement shall survive termination or expiration of this
Agreement.

7.12 Security. To guarantee compliance with the terms of this Agreement, payment of
costs incurred by the Counties in accordance with this Agreement, or the remediation of
any damage caused by Operator’s failure to comply with the terms of this Agreement,
Operator shall furnish, or cause to be furnished, to the County an irrevocable letter of credit,
cash escrow, performance bond, guaranty or such other security as is acceptable to the
County. The security shall be issued by an institution acceptable to the Counties. The
security shall initially be in an amount equal to $1,000,000.00. Any funds held in an escrow
account shall remain the property of the Operator until and to the extent drawn by the
Counties in accordance with the Agreement. At the end of the term of this Agreement, any
remaining funds in the escrow account, plus any accrued interest, shall be released to the
Operator.
After completion of the repairs and restoration dictated by this Agreement, the security
shall be reduced to an amount reasonably necessary to complete any outstanding obligation
of Operator under this Agreement which amounts shall be determined by a good faith
negotiation of the Parties. The security, as may be reduced under this Agreement, shall
remain in place throughout the term of this Agreement to ensure compliance with
Operator’s warranty obligations as provided in this Agreement.
8.

Default and Remedies.
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8.1

Remedies. If Operator defaults as described in Section 8.2 and that default is not
cured within any applicable cure period; or if Operator voluntarily commences
bankruptcy, insolvency, reorganization, stay, moratorium or similar debtor-relief
proceedings; or if insolvency, receivership, reorganization, bankruptcy, or a similar
proceeding shall been commenced against Operator and such proceeding remains
un-dismissed or un-stayed for a period of ninety (90) days, Operator agrees that
during the continuation of such default the Counties may do any, all, or any
combination of the following::
a.

Halt all further approvals regarding improvements and permits relating to
the Project;

Immediately suspend Operator’s authority under this Agreement to use the
Haul Roads for purposes relating to the Project by providing written notice
in the manner provided in this Agreement;

Draw on or utilize any funds or other security provided to the County
pursuant to this Agreement to the extent reasonably necessary and provide
payment due and owing to the County or complete any work to be done
under this Agreement, including, without limitation, the inspection, repair
or replacement of any Haul Road, or the remediation of any nuisance caused
by Operator’s failure to complete any of its obligations under this
Agreement;

Seek injunctive relief;

Suspend any work or improvement relating to the Project by issuing a stop
work order; and/or

Take any other action at law or in equity which may be available to the
Counties.

8.2

Events of Default and Notice. Unless otherwise provided for in this Agreement, if
the Operator fails to perform one or more of its obligations under the Agreement,
or fails to comply with its monetary obligations under the Agreement, the County
shall give the Operator formal notice of the default and the Operator shall have
thirty (30) days to cure the default. Notwithstanding the foregoing, if the Operator
fails to comply with any of the road maintenance, repair and public safety
obligations of this Agreement or if the Operator undertakes or permits work or other
activity in violation of the restrictions of set forth in the Agreement and the
Counties reasonably determine that expedited action by the Operator is required,
the Counties shall give the Operator formal notice of the default and the Operator
shall have 48 hours to cure the default.

8.3

Failure to Cure Default. If the Operator does not cure the default within the required
period or such longer period as may be necessary if the default may not reasonably
be cured within the required period, provided the Operator pursues the cure with
reasonable diligence, then the County may avail themselves of any remedy afforded
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it by law and any of the above cumulative, non-exclusive remedies; provided,
however, that if Operator fails to comply with any obligation of the Agreement and
the Road Supervisor reasonably determines that such failure has caused or is
causing an immediate danger to public health and safety, the County may, in its
reasonable discretion, immediately and without prior notice to Operator, avail itself
of any remedy afforded it by law and any of the above cumulative, non-exclusive
remedies. The County will make reasonable efforts to notify the Operator prior to
drawing on the security, but the failure to provide such notice shall not invalidate
the County’s actions.

8.4

Failure to Provide or Renew Security. Notwithstanding anything else in this Article
8, if the Operator’s default is the failure to obtain an extension or renewal of security
within ten (10) days of the date the existing security will expire, the Counties may
exercise the remedies provided in this Article 8 and draw on the security for any
claims it has or are reasonably anticipated without prior notice to the Operator and
without the Operator having the opportunity to cure the Operator’s default. The
County will make reasonable efforts to notify the Operator prior to drawing on
security, but the failure to provide such notice shall not invalidate the Counties’
actions.

8.5

No Additional Waiver Implied by One Waiver. If any condition, obligation or
agreement contained in this Agreement is breached by either party and thereafter
waived in writing by the opposite party, such waiver shall be limited to the
particular breach so waived and shall not be deemed to waive any other concurrent,
previous or subsequent breaches hereunder. All waivers must be in writing to be
effective.

8.6

No Remedy Exclusive. No remedy herein conferred upon or reserved to the County
shall be exclusive of any other available remedy or remedies, but each and every
such remedy shall be cumulative and shall be in addition to every other remedy
given under this Agreement or now or hereafter existing at law or in equity or by
statute. No delay or omission to exercise any right or power accruing upon any
default shall impair any such right or power or shall be construed to be a waiver
thereof, but any such right and power may be exercised from time to time and as
often as may be deemed expedient.

8.7

Enforcement. Operator shall reimburse the County for costs incurred in the
enforcement of this Agreement, including reasonable engineering and attorneys’
fees.

Indemnity.
Anything to the contrary herein notwithstanding, the County, its elected and appointed
officials, their officers, agents, employees, representatives and volunteers shall not be liable
or responsible in any manner to the Operator, contractor or subcontractors, materialmen,
laborers, or to any other person or persons whomsoever, for any claims, demands, damages,
actions, or causes of action of any kind or character whatsoever arising out of, and any and
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all work which is the Operator’s obligation to perform pursuant to this Agreement; the
failure by Operator to observe or perform any covenant, condition, obligation or agreement
on its part to be observed or performed under this Agreement; the failure by the Operator
to pay contractors, subcontractors, laborers, or materialmen; the failure by Operator to pay
for materials or; the failure by Operator to obtain necessary permits and authorization to
construct the work described in this Agreement. Operator further agrees to indemnify,
defend, and hold the County, its elected and appointed officials, their officers, engineers,
agents, employees representatives and volunteers harmless from all such claims, demands,
damages, actions, or causes of action, and all costs, disbursements, and expenses arising
from Operator’s performance under the Agreement, including reasonable attorneys’ fees
and costs. Notwithstanding the foregoing, Operator’s obligations under this Article 9 shall
not apply to the extent any such losses, damages, claims or injuries arise out of the
negligence or willful misconduct of the County or its commissioners, administrators,
employees or representatives.
10.

Safety. Operator shall take the necessary precautions and bear the sole responsibility for
the safety of the methods employed in performing the work. The Operator shall at all times
comply with the regulations set forth by federal, state, and local laws, rules, and regulations
concerning OSHA and all applicable state labor laws, regulations, and standards.

11.

Independent Contractor. It is hereby understood and agreed that any and all employees
of the Operator and all other persons employed by the Operator in the performance of any
of the services required or provided for under the negotiated Agreement shall not be
considered employee of the County and that any and all claims that may arise under the
Worker’s Compensation Act on behalf of said employees while so engaged and any and
all claims by and third parties as a consequence of any act or omission on the part of said
Operator’s employees while so engaged in any of the services to be rendered under the
negotiated contract by the contractor shall in no way be the obligation or responsibility of
the County.

12.

Data Practices and Confidentiality: Pursuant to Minn. Stat. Ch. 13, the parties agree to
maintain and protect data that is not public received, or to which contractor has access
according to the statutory provisions applicable to data.

13.

Entire Agreement. This Agreement, together with all exhibits hereto, constitutes the entire
agreement between the Parties with respect to the subject matter of this Agreement.
Agreement is specifically intended to supersede all prior agreements whether written or
oral.
[Signatures follow on the next page.]

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IN WITNESS WHEREOF, the Parties have caused this Road Use and Repair Agreement to be
duly executed on the day and year first above written.
OPERATOR:

COUNTY:

Benton Solar, LLC
By:

By:
Dexter Liu, Assistant Vice President

Date:

Chairperson

Date:
ATTEST
And:
County Administrator
Date:

APPROVAL AS TO FORM AND
EXECUTION
By:
Assistant County Attorney
Date:

7069066

D-21
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EXHIBIT A
Project Area
(see attached)

D-22
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Project
Area - Exhibit A

= Construction
Entrances

= Muster Point

= Laydown Yard

#3
#
3

#2
#
2

Muster Point #1 595 75th Ave NE, Sauk Rapids MN 56379
Muster Point #2 1120 55th Ave, NE Sauk Rapids MN 56379
Muster Point #3 7160 30th St NE, Sauk Rapids MN 56379
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APPENDIX D-1
HAUL ROADS
(see attached)

D-23
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= Laydown
Yard

= County Road
= MNDOT

= Minden Township

"QQFOEJY
%

30th
3
30
0th
0th
th St
St NE
NE

MN
HW
23

75th
75
7
5th
th Ave
Ave
ve
NE
NE

65th
6
65
5th
th Ave
Ave
ve
NE
N
E
HW 95
HW
95

Du
Rd elm
NE

65th
6
5tth
h Ave
Ave
NE
NE

55th
5
55
5th
th Ave
Avve
e
NE
N
E
75th
75
7
5th
th Ave
Ave
ve
NE
NE
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ROAD USE AND REPAIR
APPENDIX D-2
INITIAL EVALUATION – TESTING PROTOCOL
Survey and Inventory
1.
Collect digital video of all Haul Roads. The video will be taken with a digital video
camera which will have the coordinates linked with GPS and will show pavement condition as
well as a geographic benchmarks such as road signs and intersections which will assist in
determining the location of the video.
2.
Condition inspection, inventory and assessment of all pipes over 24 inch diameter,
all structures and all bridges on Haul Roads.
Engineering
1.
Develop traffic forecast and associated ESALs for major construction items
(aggregate, concrete, solar components, and equipment) along the proposed Haul Roads.
2.
Engineer structural improvements/upgrades to existing bridges and culverts
required to support construction loading and deliveries.

D-24
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ROAD USE AND REPAIR
APPENDIX D-3
TRANSMISSION AND COLLECTION SYSTEMS
(see attached)

D-25
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BENTON SOLAR, LLC
CERTIFICATE AS TO SIGNATURE AND INCUMBENCY OF OFFICERS
The undersigned, Jennifer L. Johnson, Secretary of Benton Solar, LLC, a Delaware limited liability company
(the "Company"), hereby certifies that each of the persons whose names, titles and signatures appear below is a duly
elected or appointed and acting officer of the Company and holds, on the date hereof, the office set forth opposite
his or her name and the signature appearing opposite his or her name is a genuine facsimile of the signature of
such officer:
Name

Title

Signature

Matthew Roskot

President

Anthony Pedroni

Vice President

Christopher H. Zajic

Vice President & Treasurer

James May

Vice President

Kevin Gildea

Vice President

Michael DeBock

Vice President

Stuart McCurdy

Vice President

Vincent J. Scrima

Vice President

Christine Seal

Assistant Vice President

Daniel Gerard

Assistant Vice President

Dexter Liu

Assistant Vice President

Jay Beaupre

Assistant Vice President

Jason B. Pear

Secretary

Jennifer L. Johnson

Secretary

IN WITNESS WHEREOF, I have hereunto signed my name on June 30, 2026.

Jennifer L. Johnson
Secretary

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BOARD OF COMMISSIONERS
AGENDA ITEM REQUEST
MEETING DATE: AUGUST 18, 2026

REGULAR AGENDA

REQUESTING DEPARTMENT: ADMINISTRATION
TITLE OF REQUESTED ITEM AS IT WILL APPEAR ON BOARD AGENDA
Conduct a Closed Session of the County Board pursuant to MN Statutes §13D.05,
Subdivision 3 to develop or consider offers or counteroffers for the purchase or sale of
real or personal property
BACKGROUND INFORMATION
Excerpts from MN Statutes 13D.05, Subdivision 3:
Before holding a closed meeting under this paragraph, the public body must identify on
the record the particular real or personal property that is the subject of the closed
meeting. The proceedings of a meeting closed under this paragraph must be tape
recorded at the expense of the public body. The recording must be preserved for eight
years after the date of the meeting and made available to the public after all real or
personal property discussed at the meeting has been purchased or sold or the
governing body has abandoned the purchase or sale. The real or personal property that
is the subject of the closed meeting must be specifically identified on the tape. A list of
members and all other persons present at the closed meeting must be made available
to the public after the closed meeting. If an action is brought claiming that public
business other than discussions allowed under this paragraph was transacted at a
closed meeting held under this paragraph during the time when the tape is not
available to the public, section 13D.03, subdivision 3, applies.
An agreement reached that is based on an offer considered at a closed meeting is
contingent on approval of the public body at an open meeting. The actual purchase or
sale must be approved at an open meeting after the notice period required by statute
or the governing body's internal procedures, and the purchase price or sale price is
public data.

ACTION REQUESTED

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A motion to go in to closed session pursuant to MN Statutes §13D.05, Subdivision 3 to
develop or consider offers or counteroffers for the purchase or sale of real or personal
property
FISCAL IMPACT
ESTIMATED COST ($)
SOURCE OF FUNDS
NEW / ADDITIONAL REVENUE ($)
COST BUDGETED IN CURRENT YEAR?
SUBMITTED/APPROVED
SUBMITTER/SUPERVISOR SIGNATURE
DEPARTMENT HEAD SIGNATURE
COUNTY ATTORNEY SIGNATURE

DATE
Montgomery Headley 8/12/26
DATE

STATE GRANT CONTRACT/AGREEMENT NOT REVIEWED BY COUNTY ATTORNEY (GRANT RENEWAL WITH NO CHANGES IN TERMS AND
CONDITIONS).

DURATION: 10 minutes

PREFERRED PLACEMENT ON AGENDA: Before
Adjournment

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