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04/19/2016 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING APRIL 19, 2016 6:30 P.M. I. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) A. APPROVE MINUTES B. PERSONNEL ITEMS C. APPROVE Check Registers D. APPROVE Contracts E. APPROVE Resolution to temporarily extend the licensed premise of Cuz, Inc. DBA La Fonda De Los Lobos located at 3665 Sibley Memorial Highway F. APPROVE Exempt Permit for Red Pine Elementary PTO to hold a raffle on May 5, 2016 at 530 Red Pine Lane G. APPROVE Exempt Permit for Eagan High School Boys Hockey Boosters to hold a raffle on July 17, 2016 at 3870 Pilot Knob Road H. APPROVE donation of rubber floor matting for Eagan Civic Arena from Eagan Hockey Association I. APPROVE a Sound Amplification Permit for La Fonda De Los Lobos located at 3665 Sibley Memorial Highway J. APPROVE Final Plat (Central Park Commons 3rd Addition) and Final Planned Development for Lot 1, Block 1, Central Park Commons 3rd Addition — CSM Corporation K. APPROVE Final Planned Development for Lot 2, Block 1, Central Park Commons 3rd Addition— CSM Corporation L. REQUEST Municipal State Aid Designation Authorization M. APPROVE Technical Specialty Consulting Agreement with PSC Alliance, Inc. N. RECEIVE Petition to Vacate Public Sidewalk, Trailway and Snow Storage Easement (Document Number 692806), Outlot A CityVue Commons, and Schedule a Public Hearing for May 17, 2016 0. APPROVE One Year Extension of Cedar Grove Parking Garage and Redevelopment District - Facility Management Services with Cornerstone Parking Group P. APPROVE Contract 16-16 Denmark Avenue Rain Gardens Rehabilitation Q. ACCEPT Donation from Minnesota Valley In -Fisherman Club V. PUBLIC HEARINGS A. CONSIDER an Ordinance granting a Cable Franchise to Qwest Broadband Services, Inc. , d/b/a CenturyLink B. VARIANCE — Cliff Plaza / Cliff Retail Center LLC, Scott Johnson - A Variance to the 20 ft drive aisle setback located at 2105 Cliff Road VI. OLD BUSINESS VII. NEW BUSINESS VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER B. ADOPTAGENDA C. CONSENTAGENDA 1. APPROVE EDA Minutes 2. APPROVE Resolutions authorizing DEED Contamination Cleanup Grant application, matching funds and authorizing signatures for Cedar Grove D. NEW BUSINESS E. OTHER BUSINESS F. ADJOURN X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT ),City of EaRan TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: APRIL 15, 2016 SUBJECT: AGENDA INFORMATION FOR APRIL 19, 2016 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the April 19, 2016 City Council agenda, the following items are in order for consideration. Agenda Information Memo April 19, 2016 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. Approve Minutes Action To Be Considered: To approve the minutes of March 29 and April 12, 2016 Special City Council meeting, and April 5, 2016 regular City Council meeting as presented or modified. Attachments: (3) CA -1 March 29, 2016 Minutes CA -2 April 5, 2016 Minutes CA -3 April 12, 2016 Minutes MINUTES SPECIAL CITY COUNCIL MEETING MARCH 29, 2015 5:30 P.M. EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Maguire, Councilmembers Fields, Bakken, Hansen and Tilley. City staff present: City Administrator Osberg and Assistant City Administrator Miller ROLL CALL AND ADOPTION OF THE AGENDA Councilmember Fields moved, Councilmember Hansen seconded a motion to adopt the agenda as presented. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors to be heard. INTERVIEW PARKS AND RECREATION DIRECTOR INTERVIEWS The City Council interviewed two applicants for the position of Parks and Recreation Director: John Elholm and Andrew Pimental. Upon completion of the two, 30 -minute interviews, there was unanimous City Council consensus to offer the Director of Parks and Recreation position to Andrew Pimental with formal action to name the candidate at the April 5, 2016 City Council meeting. Councilmember Fields moved, Councilmember Hansen seconded a motion to adjourn the meeting at 7:30 p.m. Aye: 5 Nay: 0 Date Mayor Clerk MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota APRIL 5, 2016 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire and Councilmembers Bakken, Fields, Hansen and Tilley. Theresa Eisele addressed the Council regarding traffic concerns at the intersection of Diff ley Road and Braddock Trail. Staff responded to her concerns. The Council acknowledged, her concerns and noted staff would continue to monitor the situation and provide recommendations and solutions, when applicable. A regular meeting of the Eagan City Council was held on Tuesday, April 5, 2016 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire and Councilmembers Bakken, Fields, Hansen and Tilley. Also present were City Administrator Osberg, Assistant City Administrator Miller, Communications Director Garrison, Finance Director Pepper, Acting Parks & Recreation Director Flewellen, Director of Community Development Hohenstein, Director of Public Works Matthys, City Clerk Scipioni, Police Chief McDonald, Fire Chief Scott, and Executive Assistant Stevenson. AGENDA City Administrator Osberg noted the addition of Consent Item V. - to Schedule Public Hearing on April 19, 2016 to receive comments regarding a cable television franchise for Quest Broadband Services, Inc., DBA Centuryl-ink to the Consent. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as amended. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentation to be heard. CONSENT AGENDA Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the Consent agenda as amended: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of March 15, 2016 regular City Council meeting as presented. B. Personnel Items: 1. It was recommended to name Andrew Pimental for the position of Director of Parks and Recreation. 2. It was recommended to accept resignation/retirement for Mike Lence, Senior Building Inspector and authorize replacement. C. It was recommended to ratify the check register dated March 11 and 18, 2016 as presented. D. It was recommended to approve the ordinary and customary contracts with The Open Door, Forecast Public Art, Toro Company, RES Specialty Pyrotechnics, Kids Around the World, SafeAssure Consultants, and Verizon Wireless. City Council Meeting Minutes April 5, 2016 2 page E. It was recommended to approve a resolution to accept reimbursement from the Minnesota Board of Firefighter Training and Education in the amount of $25,600 for the Fire Department and authorize the necessary budget adjustment. F. It was recommended to set the interest rate for special assessments levied in 2016 at 3.5%. G. It was recommended to adopt a resolution supporting a Minnesota Investment Fund (MIF) application in connection with Prime Therapeutics expansion within the City of Eagan. H. It was recommended to approve an Off -Sale Liquor License for BK Discount Liquor LLC doing business as BK Discount Liquor at 4130 Blackhawk Road Suite 100. I. It was recommended to approve Off -Sale License Drinks Liquor LLC doing business as Drinks Liquor, 3090 Courthouse Lane Suite 200. J. It was recommended to approve Exempt Permit for the Eagan Athletic Association to hold a raffle on May 8, 2016 at 4201 Lexington Avenue. K. It was recommended to approve pool of Consultant Service providers for lawn mowing, refuse removal, securing vacant buildings and general maintenance for the collection of businesses on the attached list, authorize the City Planner and/or Senior Code Enforcement Technician as the signatory for work orders, and to authorize the Mayor and City Clerk to execute all related documents. L. It was recommended to approve the Vacation of public drainage and utility easements on Lot 1, Block 1, Gift of Mary, and a Final Subdivision (Eagan Gateway Business Park) to create two lots and one outlot upon approximately 33 acres located at 510 Lone Oak Road. M. It was recommended to direct preparation of an ordinance amendment to City Code Chapter 11 regarding domestic animals. N. Item was removed. 0. It was recommended to approve a Final Planned Development, and a Final Subdivision (Dakota Path 5t" Addition) to create 20 single-family lots upon approximately six acres located south of Cliff Road and east of Pilot Knob Road. P. It was recommended to receive the petition to vacate public drainage and utility easements on Lot 19, Block 5, Hilltop Estates and schedule a public hearing to be held on May 3, 2016. Q. It was recommended to approve the plans and specifications for Contract 16-03 (2016 Trail and Parking Lot Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, May 12, 2016. R. It was recommended to receive the bids for Contract 16-01 (2016 Street Revitalization) and award a contract to McNamara Contracting, Inc. for the base bid in the amount of $1,243,814.80 and authorize the Mayor and City Clerk to execute all related documents. S. It was recommended to receive bids for Contract 16-02 (2016 Street Revitalization) and award a contract to McNamara Contracting, Inc., for the base bid in the amount of $1,283,226.25 and authorize the Mayor and City Clerk to execute all related documents. T. It was recommended to receive the bids for Contract 16-09 (2016 Pond Sediment Removal and Outlet Improvements — Storm Sewer/Water Quality Improvements) and award a contract to Minnesota Dirt Works Inc., for the base bid in the amount of $219,809.05 and authorize the Mayor and City Clerk to execute all related documents. U. It was recommended to receive the petition to vacate public drainage and utility easements (Document No.'s 238082 & 238083) on Lots 3 & 4, Block 1, Sibley Terminal Industrial Park and schedule a public hearing to be held on May 3, 2016. V. It was recommended to set April 19, 2016 at 6:30 p.m. or as soon thereafter to hold a public hearing to receive comments regarding a proposed Eagan cable television franchise for Quest Broadband Services, Inc., doing business as CenturyLink. City Council Meeting Minutes April 5, 2016 3 page PUBLIC HEARINGS Approve Application from Corvida Medical for Minnesota Investment Fund Loan City Administrator Osberg introduced the item noting the Council is being asked to approve a Minnesota Investment Fund application from Corvida Medical for development of business at 3660 Dodd Road and adopt a resolution authorizing the application. Director of Community Development Hohenstein gave a staff report and provided a location map. John Slump, CFO of Corvida, provided an overview of the company and the product. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Bakkend moved, Councilmember Fields seconded the motion to approve a Minnesota Investment Fund application from Corvida Medical for development of business at 3660 Dodd Road and adopt Resolution authorizing the application. Aye: 5 Nay: 0 OLD BUSINESS Receive Bids and Approve Resolution Awarding the Sale of $8,130,000 General Obligation Capital Improvement Bonds, Series 2016A City Administrator Osberg introduced the item noting at its March 15 meeting, the City Council authorized the issuance of the bonds to provide financing for the new Fire Station 1 and the remodel/expansion of the Central Services Maintenance facility, per the 2016-2020 Facilities Capital Improvement Plan adopted in August 2015. Finance Director Pepper stated the bonds were sold successfully and with favorable rates resulted in the amount of the bonds sold to be less than the $8,390,000. Dave McGillivrary from Springsted Incorporated presented the results of the sale noting the award amount is $8,130,000. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the resolution awarding the sale of $8,130,000 General Obligation Capital Improvement Bonds, Series 2016A, and to engage Springsted Incorporated to perform future continuing disclosure reporting and arbitrage rebate calculation requirements for the bonds. Aye: 5 Nay: 0 City Council Meeting Minutes April 5, 2016 4 page Ordinance Amendment—An Ordinance Amendment to City Code Chapter 10 Regarding Keeping Miniature Pigs on Single Family Residential Properties City Administrator Osberg introduced the item noting the Council is being asked to consider an ordinance amendment to City Code Chapter 10 regarding keeping miniature pigs on single family residential properties and a resolution establishing a fee for miniature pig permits. At the January 5, 2016 Listening Session, the Council received a request from a resident to consider an ordinance amendment to allow miniature pigs on residential properties. At the February 9 Special City Council meeting, Council reviewed miniature pig research and discussed policy considerations associated with allowing miniature pigs on residential properties, and at the February 16 City Council meeting, Council directed preparation of an ordinance amendment. Osberg noted the proposed ordinance amendment would require a miniature pig owner to obtain an administratively issued two-year permit (similar to a dog license). City Clerk Scipioni was available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. The Council discussed the ordinance amendment. Councilmember Hansen stated his concern on the proposed weight limit and suggested the 200 -pound maximum be lowered. Councilmember Tilley also noted concern with the proposed ordinance amendment. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an ordinance amendment to City Code Chapter 10 regarding keeping miniature pigs on single family residential properties and direct the City Attorney to publish the ordinance amendment. Aye: 3 Nay: 2 (Hansen and Tilley opposed) Councilmember Fields moved Councilmember Bakken seconded a motion to approve a resolution establishing a few for miniature pig permits. Aye: 3 Nay: 2 (Hansen and Tilley opposed) Planned Development Amendment — Metro Transit / Metropolitan Council City Administrator Osberg introduced the item noting since the item was before the City Council and continued, City Staff met with MVTA and Metropolitan Council Transportation Department staff on site to discuss the history of the landscaping and solutions for the future. Discussion with the agencies has continued resulting in the proposed resolution. City Planner Ridley gave a staff report and provided a location map. Representatives of the MVTA and Metropolitan Council Transportation Department were available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council City Council Meeting Minutes April 5, 2016 5 page Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to allow an expansion of the Cedar Grove Transit Station and related site improvements for property located at 4035 Nicols Road, subject to the revised conditions: Aye: 5 Nay: 0 1. The Planned Development Amendment shall be recorded at the Dakota County Recorder's Office within 60 days of City Council approval. 2. A standard Site Plan shall be submitted for use as an exhibit to the Planned Development Amendment Agreement. 3. The Elevation Plan shall be revised to replace the precast concrete with similar materials and color to the existing building. 4. The applicant shall provide elevation and building material plans for the trash enclosure and the building shall be constructed of the same materials and match the principal building. 5. A revised Landscape Plan shall identify the minimum planting size per City Code requirements. 6. The applicant shall plant trees that are missing according to the original Cedar Grove Station construction plan. According to an email from Greg Hove on 3/24/2016, there are 35 Category B trees missing. 7. The applicant shall replace trees and grass that are currently dead and that remain in the landscaping plan at Cedar Grove Station once the inline station construction is complete. 8. The applicant shall replace current trees and grass that are disturbed by construction of the inline station. 9. The applicant shall work with the MVTA to develop a facilities maintenance plan to monitor the site moving forward. 10. The landscaping shall be maintained per City Code requirements. 11. The non -conforming Metro Transit cabinet signs shall be removed once the online median station is constructed. 12. All building signage shall be individually mounted letters; no can or cabinet signs shall be allowed. 13. If anything other than the existing MVTA signage is proposed, a revised sign plan shall be submitted and subject to City Sign Code requirements. 14. The Lighting Plan shall be revised to verify City Code requirements for light levels and met and pole height matches existing on site. 15. Mechanical equipment shall be screened per City Code requirements. 16. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 17. The applicant shall be responsible to restore any damage to the street, curb and gutter, sidewalk, boulevard, and street in a manner acceptable to the City Engineer. 18. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to the issuance of a Building Permit. NEW BUSINESS Interim Use Permit — Oak Hills Church City Administrator Osberg introduced the item noting the 7 acre parcel is zoned Residential Multiple and located south of Yankee Doodle Road, west of Oak Hills Church. The Council is being asked to give City Council Meeting Minutes April 5, 2016 6 page consideration for an Interim Use Permit to allow a community garden located at 1560 Yankee Doodle Road. City Planner Ridley gave a staff report and provided a site map. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an Interim Use Permit (IUP) to allow a community garden located at 1560 Yankee Doodle Road, subject to the following conditions: Aye:5 Nay:0 1. The Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City, and proof of recording shall be submitted to the City. 2. The permit shall terminate on October 31, 2018. 3. The interim use permit shall be subject to an annual administrative review. The purpose of such review shall be to determine that the conditions of the permit are within compliance. The interim use permit may be revoked for failure to comply with any condition of the permit following notice of the noncompliance and a hearing by the City Council with all interested parties being given an opportunity to be heard. 4. This permit approves the use of a community garden, which shall be located as shown on the approved Site Plan with the specifications identified on the approved Garden Plan. 5. Refuse cans shall be provided on site. 6. Restoration of the plots shall occur at the end of the growing season. 7. The land shall be restored at the end of the Interim Use Permit to be in compliance with the City of Eagan's turf grass ordinance. 8. At all times, any and all garden materials, supplies and tools shall be contained within the area as defined by the Garden Plan. Any and all such materials, supplies and tools shall be stored, placed or disposed of no closer than 30 feet of the wetland boundary. 9. At no time shall biodegradable garden debris or compost be stored, placed or disposed of closer than 30 feet of the wetland boundary. 10. Vehicle access to the garden site shall only be from the Oak Hills Church property off of Coachman Road. There shall be no direct access from Yankee Doodle Road. The Council took a 10 minute break. Rezoning, Preliminary Subdivision and Variance — DR Horton Inc. MN City Administrator Osberg introduced the item noting before the Council are two actions to approve a Rezoning from A, Agricultural, to R -1S, Small Lot Single Family, upon approximately 15 acres and a Preliminary Subdivision (Summerbrooke) to create 33 lots upon approximately 15 acres located at 775 and 785 Diffley Road. City Planner Ridley gave a staff report and provided a site map. Mike Suel, DR Horton Homes, gave a summary of the request and touched on some of the concerns that were raised by the neighboring property owners. City Council Meeting Minutes April 5, 2016 7 page Director Matthys addressed the history of the proposed extension of Barrow Court and shared collected traffic data in response to numerous communications from adjacent residents. Mayor Maguire opened the public comment. The following property owners living at 750, 758, 762, 766 Camberwell Drive, 4138 and 4150 Barrow Court, 4156 and 4164 Kingston Court, and 755 Diffley Road all shared questions and concerns pertaining to: traffic, density, grading, tree loss, erosion and loss of wildlife. The Council discussed the Rezoning, Preliminary Subdivision and Variance request. The Council stated concerns regarding the rezoning and street connections. After further discussion it was the recommendation of the City Council to continue the item to a future City Council meeting. The applicant agreed to continue the request to the June 7, 2016 City Council meeting. Councilmember Fields moved, Councilmember Tilley seconded a motion to continue the Rezoning from A, Agricultural, to R -IS, Small Lot Single Family, and a Preliminary Subdivision (Summerbrooke) to create 33 lots upon approximately 15 acres located at 775 and 785 Diffley Road to the June 7, 2016 City Council meeting. Aye: 5 Nay: 0 Comprehensive Guide Plan Amendment (Fire Station 1) — City of Eagan City Administrator Osberg introduced the item noting the Council is being asked to direct staff to submit to the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation from HD (High Density) to QP (Public/Quasi-Public) upon approximately 4 acres located at 4230 Blackhawk Road. City Planner Ridley gave a staff report and provided a site map. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to direct staff to submit to the Metropolitan Council a Comprehensive Guide Plan Amendment to change the land use designation from HD (High Density) to QP (Public/Quasi-Public) upon approximately 4 acres located at 4230 Blackhawk Road. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA There were no administrative agenda items to be heard. VISITORS TO BE HEARD There were no visitors to be heard. City Council Meeting Minutes April 5, 2016 8 page ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 10:05 p.m. Aye: 5 Nay: 0 Date Mayor City Clerk MINUTES SPECIAL CITY COUNCIL MEETING APRIL 12, 2016 5:30 P.M. EAGAN MUNICIPAL CENTER City Councilmembers present: Mayor Maguire, Councilmembers Fields, Bakken, Hansen and Tilley. City staff present: City Administrator Osberg ROLL CALL AND ADOPTION OF THE AGENDA Councilmember Fields moved, Councilmember Hansen seconded a motion to adopt the agenda as presented. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors to be heard. INTERVIEW ADVISORY COMMISSION APPLICANTS The City Council interviewed 12 applicants for the various openings on the Advisory Planning Commission, Advisory Parks and Recreation Commission, Airport Relations Commission, and Energy and Environment Advisory Commission. It was noted that 10 incumbents reapplied, and have opted to participate in a survey about their experiences to date on their respective commission rather than participate in a formal interview. Councilmember Hansen moved, Councilmember Tilley seconded a motion to adjourn the meeting at 8:13 p.m. Aye: 5 Nay: 0 Date Mayor Clerk Agenda Information Memo April 19, 2016 Eagan City Council Meeting CONSENT AGENDA B. Personnel Items ITEM 1 Action to be Considered: Accept the resignation of Judith Urbiha, Full Time Police Clerical Technician 4 and authorize the replacement of this position. ITEM 2 Action to be Considered: Approve the recruitment of a Parks and Recreation Technician. Facts: This position is being created in lieu of the Clerical Technician 3 position that was vacated in March 2016. ITEM 3 Action to be Considered: Approve the Hiring of a Part Time Clerical Technician in Community Development, to be named. Facts: Council previously approved hiring for this position on February 2, 2016. 111114I►Ti[! Action to be Considered: Approve the Hiring of a Full Time Production Assistant in E -TV, to be named. Facts: Council previously approved hiring for this position on November 17, 2015. Agenda Information Memo April 19, 2016 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check register dated March 25 and April 1, 2016 as presented. Attachments: (2) CC -1 Check register dated March 25, 2016 CC -2 Check register dated April 1, 2016 Agenda Information Memo April 19, 2016, Eagan City Council Meeting CONSENT AGENDA D. Approve Contracts Action To Be Considered: To approve the ordinary and customary contracts listed below. Facts: ➢ The contracts listed below are in order for Council approval. Following approval, the contracts will be electronically executed by the Mayor and City Clerk. Contracts to be approved: ➢ Independent Contractor Agreement with Wet Paints Artists' Materials & Framing for Preparing Your Artwork for Exhibition classes ➢ Entertainment Contracts for the Holz Farm Spring Festival with the following groups: o Czech Area Concertina o Eagan Women of Note o Eagan's Men's Chorus o Roe Family Singers ➢ Entertainment Contracts for the Holz Farm Lone Oak Days Festival with the following groups: o Czech Area Concertina o Eagan Women of Note o Eagan's Men's Chorus o Mary Gohman ➢ Entertainment Contracts for the Holz Farm Old Fashioned Holiday with the following groups: o Eagan Women of Note o Eagan's Men's Chorus ➢ Application with the United States Department of Agriculture to allow the City to accept SNAP/EBT payments at Market Fest Attachments: (0) The contracts are available from the City Clerk's Office. Agenda Information Memo April 19, 2016, Eagan City Council Meeting CONSENT AGENDA E. Approve Resolution to temporarily extend the licensed premise of Cuz, Inc. dba La Fonda de los Lobos located at 3665 Sibley Memorial Highway Action To Be Considered: To approve a resolution to temporarily extend the licensed premises of Cuz, Inc. doing business as La Fonda de los Lobos, located at 3665 Sibley Memorial Highway on May 5, 6and 7,2016. Facts: La Fonda de los Lobos is planning an outdoor event on May 5, 6 and 7, 2016. As part of the event, the restaurant plans to set up a tent in its parking lot. ➢ Per City Code, the on -sale liquor license held by La Fonda de los Lobos only allows the sale of alcohol within the restaurant and on its patio. City Code Chapter 5.07 allows the City Council to temporarily extend an establishment's licensed premise as long as the establishment meets all Code requirements. ➢ La Fonda de los Lobos has submitted an application to temporarily extend its licensed premise. The application has been reviewed and deemed in order by City staff and the Police Department. No reason was found to deny the temporary extension of the on -sale liquor license. ➢ La Fonda de los Lobos has also applied for a building permit to construct the tent and a sound amplification permit for live music at the event. Attachments: (1) CE -1 Resolution RESOLUTION CITY OF EAGAN NO. APPROVAL OF APPLICATION TO EXTEND THE LICENSED PREMISES FOR CUZ, INC., DBA LA FONDA DE LOS LOBOS LOCATED AT 3665 SIBLEY MEMORIAL HIGHWAY WHEREAS, the City of Eagan (the "City") has issued a license for the sale of alcoholic beverages to Cuz, Inc. (the "Licensee"); and WHEREAS, the Licensee has submitted an application to temporarily extend the licensed premises to include the service of alcohol in an additional outdoor area of the licensed premises (depicted in attachment A) for the purposes of conducting an outdoor event on May 5, 6 and 7, 2016; and WHEREAS, Chapter 5, Section 5.07 of the Eagan City Code allows the City Council to temporarily extend the licensed premises to include any outdoor area located on the property of the licensed premises subject to the applicable provisions of Chapter 10 and Chapter 11 of the City Code provided that specific terms and conditions as set forth in Section 5.07 are met; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves Cuz, Inc.'s application for a temporary extension of the on - sale liquor license for May 5, 6 and 7, 2016 at the licensed premises of 3665 Sibley Memorial Highway. Motion by: Seconded by: Those in favor: Those against: Dated: April 19, 2016 CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its City Clerk CERTIFICATION I, Christina M. Scipioni, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 19th day of April, 2016. Christina M. Scipioni, City Clerk Attachment A I?ROXXT: LA FONDA'$ AO(ory 815LEY MEMORIAL HIUY ) E S T G N FIRE PROTECTION PLAN _ SHEET N0: DATE: 11/25/02 ftDFC_GRIPTION OF ",BITE ; BLOCK 2, CEDAR IND1157RIAL PARK, DAKOTA COUNTY, MINNESOTA, Rp KEY PIAN .- 0 GAS MAIN ] FIRE DEFT cowErTICaN FIRE HYDRANT c 41 Ilb'�' NORTH JM� d►rA,s".. . as FA-M�(di-AkANA AAA` Agenda Information Memo April 19, 2016, Eagan City Council Meeting NOUNW►1LTCU01Nl F. Approve Exempt Permit for the Red Pine Elementary Parent Teacher Organization to hold a raffle on May 5, 2016 at 530 Red Pine Lane Action To Be Considered: To adopt a resolution approving an Exempt Permit for the Red Pine Elementary Parent Teacher Organization to conduct a raffle on May 5, 2016 at 530 Red Pine Lane. Facts: ➢ The Red Pine Elementary Parent Teacher Organization has applied for an Exempt Permit with the Gambling Control Board to hold a raffle as listed above. ➢ All requirements for the application have been met and staff deems it in order for approval. Attachments: (1) CF -1 Resolution RESOLUTION NO. _ CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT RED PINE ELEMENTARY PARENT TEACHER ORGANIZATION WHERAS, the Red Pine Elementary Parent Teacher Organization has applied for an Exempt Permit to conduct a raffle on May 5, 2016; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approved the Exempt Permit for the Red Pine Elementary Parent Teacher Organization to conduct a raffle on May 5, 2016 at 530 Red Pine Lane. Motion by: Seconded by: Those in favor: Those against: Date: April 19, 2016 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 1911' day of April, 2016. City Clerk Agenda Information Memo April 19, 2016, Eagan City Council Meeting CONSENT AGENDA G. Approve Exempt Permit for the Eagan High School Boys Hockey Boosters to hold a raffle on July 17, 2016 at 3870 Pilot Knob Road Action To Be Considered: To adopt a resolution approving an Exempt Permit for the Eagan High School Boys Hockey Boosters to conduct a raffle on July 17, 2016 at the Eagan Civic Arena, 3870 Pilot Knob Road. Facts: ➢ The Eagan High School Boys Hockey Boosters has applied for an Exempt Permit with the Gambling Control Board to hold a raffle as listed above. ➢ All requirements for the application have been met and staff deems it in order for approval. Attachments: (1) CG -1 Resolution RESOLUTION NO. _ CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT EAGAN HIGH SCHOOL BOYS HOCKEY BOOSTERS WHERAS, the Eagan High School Boys Hockey Boosters has applied for an Exempt Permit to conduct a raffle on July 17, 2016; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approved the Exempt Permit for the Eagan High School Boys Hockey Boosters to conduct a raffle on July 17, 2016 at 3870 Pilot Knob Road. Motion by: Seconded by: Those in favor: Those against: Date: April 19, 2016 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Cleric I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 19th day of April, 2016. City Clerk Agenda Information Memo April 19, 2016, Eagan City Council Meeting CONSENT AGENDA H. Approve A Resolution To Accept A Donation From The Eagan Hockey Association Of Rubber Flooring For Installation At Eagan Civic Arena. Action To Be Considered: To approve a Resolution to accept a donation from the Eagan Hockey Association of rubber flooring for installation at the Eagan Civic Arena and authorize the necessary budget adjustment. Facts: ➢ At the April 18, 2016 Eagan Hockey Association meeting the Board of Directors voted to approve donation of rubber flooring for the Eagan Civic Arena. ➢ The estimated value of the donated rubber flooring is $52,000. Attachments: (1) CH -1 Resolution CITY OF EAGAN RESOLUTION TO APPROVE A RESOLUTION TO ACCEPT A DONATION FROM THE EAGAN HOCKEY ASSOCIATION OF RUBBER FLOORING FOR INSTALLATION AT EAGAN CIVIC ARENA. WHEREAS, at the April 18, 2016 Eagan Hockey Association meeting the Board of Directors approved the donation of rubber flooring for installation at the Eagan Civic Arena, and WHEREAS, the estimated value of the donated rubber flooring totals $52,000, and NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the donation from the Eagan Hockey Association of rubber flooring for installation at the Eagan Civic Arena of an estimated value of $52,000. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk CERTIFICATION I, Christina M.Scipioni, City Clerk for the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 19"' day of April, 2016 City Clerk Agenda Information Memo April 19, 2016, Eagan City Council Meeting CONSENT AGENDA Approve Sound Amplification Permit for La Fonda de los Lobos Action To Be Considered: To approve a Sound Amplification Permit for an outdoor event with electronic sound system/audio equipment use after 10 p.m. to be held May 5, 6, and 7 at 3665 Sibley Memorial Highway. Facts: ➢ An outdoor event with musical entertainment past 10 p.m. requires a permit and approval from the City Council and is subject to the requirements outlined in City Code Chapter 10, Section 10.31. ➢ La Fonda de los Lobos is planning an outdoor event on May 5, 6, and 7, 2016. Part of the planned event is live outdoor music from 11:00 a.m. to 12:00 a.m. The event will take place in a fenced area within the establishment's parking lot. The Community Development Department and Police Department have reviewed and signed off on the application. ➢ Surrounding uses within % mile are limited industrial to the north and west and multi -family residential to the south and east. The stage and amplification equipment will be placed within the tent and facing the La Fonda building to the south and east. Issues: None Attachments: (3) CI -1 Sound Amp Permit CI -2 Location Map CI -3 Radius Map City of Eajan 3830 Pilot Knob Road Eagan MN 55122 Phone: (651) 675-5690 Fax: (651)675-5694 Use BLUE or BLACK Ink r---•.- ---------_-- for Office Use 1 Permit #: j i I . Permit Fee: I I Hate Received: j j Staff; I 2016 SOUND AMPLIFiCATION PERMIT (OUTDOOR EVENTS AFTER 10PM) ✓ Eagan City Code Section 10.31 requires a,permit for outdoor electronic sound system / audio equipment use after I O:OOPM. A completed written application meeting the requirements of Section 10.31, accompanied by a payment of $75.00 and a site plan must be filed with the Community Development Department three full weeks in advance of the City Council meeting at which it will be considered. A copy of Section 10.39 Is attached for your use. ✓ Sound produced under the permit shall not exceed the maximum allowable sound pressure level as measured by Type 1 or 2 decibel meter, using the A -weighted fast response scale meeting ANSi Specifications, Section 1.4 —1971. o '/a mile radius from the property line, 3.5 feet above ground level — 55 decibels a % mile radius from the property line, 3-5 feet above ground level — 50 decibels ✓ City Council approval is also required in Instances where liquor will be present. In those cases, you may submit the liquor license application at the same time sound amplification permit so both may be considered at the same City Council meeting. ✓ PLEASE PRINT ALL INFORMATION REQUESTED ON THIS APPLICATION 2015 SOUND AMPLIFICATION PERMIT Page 1 of 3 Name:6A A (tail# ' (lliadit%i al Address: Sr � (i1c?pepGlI GTGt> Phone: "'6 Alternative Phone: ,+tiCgall�;IZ�1 a -vee.. ac Fax: �j �''- ®�7J Email: d' 1Lt";j; �d•"I .'.. :-• „ Name of Individual t ?,a responsible for event: J " tact phone Address: I,/6(h�/�6L � C .:� during the event: Phone:' aS�� L Alternative Phone: Fax: J�mL �! E mall: G � This person must be present at all times during the event and act as the on-site contact for City officials during the The the be for event. applicant and contact person shall responsible compliance with the terms and condition ' imposed by the permit and Section 90.31. The applicant or contact person shalt maintain the permit on the permitted premises at all times during which the permitted electronic sound system or audio equipment is In use. The permit shall be presented to any City official or law enforcement officer upon demand. Address of event: �ffJ t i"I(`il�l�d 4 6o �! JC Purpose of event: ` ;`. ^.'' Date(s) of event & "7 , l - day(s) Aa V 6, • of the week: +_ Times of event: Start: 116LM !„�,� Finish: u M Set up begins at: Take down completed ,�I I �,a (Date / Time) rod by: (Date I Time) Pl MDR Maximum number of people In attendance on any day: 2015 SOUND AMPLIFICATION PERMIT Page 1 of 3 Description of electronic sound system or audio equipment: w If !1 kd &,AA -5 ype of sound to be generated (live music, recorded iusic, announcements, speeches, etc): ound will be generated during these hours each day: R ame of contractor 1 individual :sponsible for sound: ddress: hone: Alternative Phone: till there be hired speakers t performers at the event? lies No If yes, name individuals Description of entertainment to be provided: l ry u 8� 9-3 Meme Address city/ tat®! i Name address - » G ty 1 a-ta 1 Zi 9792 ] l & g C NA e� m' NainV city / ,tate / Zip rill food or alcohol be served at the event? ,jaj Yes ❑ No NOTE: Additional Permits may be necessary ) -1 4— 1 yes, describe: o.b k. b ascribe the event fn detail. _C i91� r ' '��\ , L � °� �� 'I 6 ,� � ii 1,� 114 Ar"10, ❑ Attach 2 copies of a Site Plan. Include location of tents, stages, booths, first aid / relief stations, dumpsters, portable toilets, sound amplification equipment, signs and banners. Be specific as to the placement of sound system speakers and the direction the sound will travel. NOTE: Additional Permits may be necessary 2015 SOUND AMPLIFICATION PERMIT Page 2 of 3 List the cities in which the applicant or contact person has been issued a similar permit in the last five (5) years by this city or any other municipality or government entity with authority to Issue such similar permit. Include contact information for the permitting entity and a statement as to whether the applicant or contact person was or was of in violation of any term or condition c f the permit. . 14 IA o The City Council may deny the permit if the proposed use of electronic sound system or audio equipment will adversely affect surrounding properties. The City Council may impose conditions upon the issuance of any permit that are reasonably related to ensure that the sound generated by the permitted sound system or audio equipment does not unreasonably disturb the persons and property surrounding the permitted location, I have received from the City of Eagan a copy of Eagan City Code 10.31 (Noisy Gatherings and Electronic Sound System Equipment) and will familiarize myself with the provisions contained within them. I hereby acknowledge that I have read this application, state the application is correct, and agree to comply with Eagan, MN taws regulating noise and lec/troojnic sound systems/ audio equipment use after 10:OOPM, and all �r Ci Code and State laws. &)0-JCV— x 4plicant's Printed Name Applicant'a Signature e �6 Date Beat: Has the applicant or contabt person complied with the terms of previous or similar permits Issued by another, municipality or government agency during the last five years? M o•c. Permit reviewed by: _ Coy y ®v anent Poli Approved by City Council: Date 2015 SOUND AMPLIFICATION PERMIT Page 3 of 3 PROJECT: LA FONDA'S 3665 515LEY MEMORIAL HW*r DESIGN ESIGN FIRE PROTECTION PLAN SHEET NO: DATE: 11/25/02 LEGAL DESCRIPTION OF 'SITE: LOT I BLOCK Z, CEDAR INDUSTRIAL PARK, DAKOTA COUNTY, MINNESOTA roh KEY PLAN 0 GAS MAIN FIRE DEPT CONNECTION I FIRE HYDRANT rb , • • LO Z co to cr ' - m I've 41M NO �� ■AAAA�� Hit��1�....,;;,,� ��bfN� ��' *X11 it` 4P41 Is vx. .144 . . .. .. . . V SI, wka' Vf 1, %-1 M . ?t I BE 9- R Agenda Information Memo April 19, 2016, Eagan City Council Meeting CONSENT AGENDA J. Approve Final Plat (Central Park Commons 3rd Addition) and Final Planned Development for Lot 1, Block 1, Central Park Commons 3rd Addition — CSM Corporation Actions To Be Considered: To approve a Final Plat (Central Park Commons 3rd Addition), to create two lots upon approximately 5.3 acres located northwest of Yankee Doodle Road and Pilot Knob Road. To approve a Final Planned Development for a cluster of seven buildings (the Central Park Commons "Village") on 4.1 acres for commercial retail uses including restaurants, a bank, drive-through service, and outdoor patio uses and on -sale liquor, upon Lot 1, Block 1, Central Park Commons 3rd Addition. Facts: The Preliminary Subdivision and Preliminary Planned Development for Central Park Commons were approved by the City on February 3, 2015. ➢ The preliminary development approval consisted of a multiple building commercial development containing retail, service, restaurant, and office uses upon approximately 47 acres located on the northwest corner of Pilot Knob and Yankee Doodle Roads. ➢ This phase of development consists of the central "Village" portion of the development, a cluster of buildings for commercial retail uses including restaurants, a bank, drive-thru service, and outdoor patio uses. ➢ The final development plans and plat have been reviewed by staff and are substantially consistent with the preliminary approvals. ➢ The final plans reflect some modifications from the preliminary plans: o The southern building (Bldg. P) was divided into two smaller buildings, allowing the trash enclosure to be attached to the building, and placement of the drive-through lane in between the two buildings. o More colors of brick and stone were added to the materials palette for the Village buildings. o The architecture of each building is distinct, while utilizing the same types of materials and similar design elements. All buildings exceed 90% Class I materials on the exterior finish. o The preliminary development approval included the potential for on -sale liquor throughout; any on -sale liquor will be subject to issuance of a liquor license as well. o The Village building plans include blade signs, which project out from building wall perpendicular to the walkway, to enhance pedestrian wayfinding and design within the Village. ➢ All documents and agreements are anticipated to be in order for execution at the City Council meeting on April 19, 2016. Issues: None Attachments: (3) CJ -1 Location Map CJ -2 Final Plat CJ -3 Final PD Agreement (forthcoming, to be posted prior to Council meeting) d� co e m o 0 0 p m N E O a 0 UL O a J U Y c c m LL r O f2 a m N ■o �� C LL 0 � f/1 V Nj Z O � � a �U d� e 0 � w ro L Q mac= O O O e � 1 3SNVDHN T 3AV NTJtlWN34 i `. 3Atl NiItlWN30 Lj ? MVNiN NN30 AM I: Y ollpp 01-� O 10 b p 4�y'J�o-l� iunoO NVWN3HS J Q W '�'ORtH U —-(4V0a BONN 1011d) -4E- ON-4H=d=S<-.---- t � {j 4 MING lYa3a3H IG 1VN343.3 0ooD< Z EE a sORRe H p� �° zc m � mCtiCtJ rc1® e� ro El _d ®�A T,� N s ll - r xsovv�o�l✓11['ox'xvss mo ? ? o �Wa a i Z�z g 5 r�3 �E of Z a: c J z O O U ` Y cc a gmn lly ® I R G LU U \s J a lyj lye s ll � y � - r xsovv�o�l✓11['ox'xvss mo ? ? o �Wa WJE i Z�z r�3 �E of a: ® R G s 5 4 � � � a s e eF e R n I 5 SI1II -- 8 �l g 00 ` lL'86 H1HOs gNb II IIA � y � - r xsovv�o�l✓11['ox'xvss mo ? ? o �Wa WJE i Z�z r�3 �E of FINAL PLANNED DEVELOPMENT AGREEMENT LOT 1, BLOCK 1, CENTRAL PARK COMMONS 3' ADDITION This Final Planned Development Agreement ("hereinafter "Agreement") is made effective as of the day of 2016, by and between the City of Eagan (hereinafter the "City'), a Minnesota municipal corporation, and Central Park Commons, L.L.C., a Delaware limited liability company (hereinafter "Owner/Developee ). The City, Owner and Developer are hereinafter collectively known as the "Parties." WHEREAS, the City Council of the City of Eagan is the official governing body of the City; and WHEREAS, the Owner is the fee owner of Lot 1, Block 1, Central Park Commons Yd Addition (the "Property"); and WHEREAS, the use and development of the Property is governed by a Preliminary Planned Development Agreement dated February 3, 2015, and recorded June 9, 2015 as document 3071577 (the "Development Agreement"); and WHEREAS, the Developer submitted an application for seven (7) retail commercial buildings, including some outdoor patios -and drive-through service, totaling approximately 38,700 s.£ upon the Property (the "Development Proposal"); and WHEREAS, the Development Proposal and plans attached hereto (Exhibits B — G) are found to be in conformance with the Development Agreement, and the Parties hereby acknowledge that this Agreement and the attached exhibits constitute the Final Planned Development for the Property. NOW, THEREFORE, it is hereby agreed to and between the Parties as follows: 1. This Agreement applies only to the Property and replaces and supersedes the Development Agreement for the Property. 2. This Agreement includes specific conditions to the Property as set forth in Exhibit A attached hereto. 3. The use and development of the Property shall be in conformance with the following plans (the Development Plans) attached hereto as Exhibits B -G. (A full size copy of these exhibits shall be on file with the City's Community Development Department.) Exhibit B — Final Site Plan dated 02-01-16 Exhibit C — Final Building Elevations & Trash Enclosure Pians dated 02-01-16, 03-30-16, 04-12-16 and 04-13-16 Exhibit D — Final Landscape Plan dated 02-01-16 Exhibit E -- Final Signage Plan dated 09-28-15 and 04-15-16 Exhibit F — Final Site Lighting Plan dated 12-02-15 Exhibit G — Final Amenities Plan dated 02-01-16 4. This Agreement shall run with the Property until terminated and shall be binding upon the successors and assigns of the Owner. 5. This Agreement shall expire two (2) years from the date of execution unless prior to such date, the City has issued a Certificate of Occupancy for the improvements to be constructed in accordance with the Development Plans. In the event this Agreement expires, the City may at its sole option, initiate an amendment to its Comprehensive Guide Plan and rezone the Property in accordance with Minnesota statutes and the City Code. In the event the City rezones the Property, this Agreement shall automatically terminate upon the effective date of the rezoning. 6. This Agreement may be modified, amended or supplemented solely in compliance with City ordinances, rules and regulations. Notwithstanding, any changes to the Development Plans that are not substantive may be approved administratively by City staff. Substantive modification to the Development Plans requires an amendment to this Agreement. 7. All site improvements including lighting, signage, landscaping, and paved surfaces, shall be maintained in good repair. 2 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first above written. CITY OF EAGAN, a Minnesota Municipal Corporation BY: Mike Maguire Its: Mayor BY: Christina M. Scipioni Its: Clerk APPROVED AS TO FORM: City Attorney STATE OF MINNESOTA) )ss COUNTY OF DAKOTA ) On this day of APPROVED AS TO CONTENT: City Planner 2016 before me a Notary Public within and for said County personally appeared Mike Maguire and Christina M. Scipioni to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed in behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. 3 Final Planned Development Agreement Signature Page for the Owner/ Developer CENTRAL PARK COMMONS, L.L.C., a Delaware limited liability company IM Its: STATE OF MINNESOTA ) )Ss COUNTY OF The foregoing instrument was acknowledged before me this i' day of 2016, by e of Central Park Commons, L.L.C., a Delaware limited liability company, on behalf of the limited liability company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 953-8847 (RBB) 4 EXHIBIT A 1. A Final Planned Development Agreement shall be required for each lot as it develops. The following plans are required for the Final Planned Development Agreement and shall be consistent with the approved master plans for the Preliminary Planned Development. • Final Site Plan • Final Building Elevations +� Final Landscape Plan • Final Signage Plan • Final Lighting Plan • Final Amenities Plan 2. The property shall be platted. 3. A Master Association shall be created, or a similar maintenance requirements through an ROEA, in a form acceptable to the City Attorney, for the maintenance of the amenities and shared easement areas in the development. (Satisfied) 4. Ingress -egress easements shall be provided to ensure all parcels have access to a public street. Such easements shall be in a form acceptable to the City Attorney. (Satisfied) 5. All buildings shall present an attractive appearance on all sides with similar architectural features and materials as the front/entry sides of the buildings. 6. All outdoor dining areas shall be designed and operated consistent with City Code standards. For each outdoor dining area, a detailed patio seating plan should be provided at the time of Final Planned Development. Outdoor patio dining should meet City Code requirements of Sec. 11.70, Subd. 29, with the exception that parking is considered satisfied. If a patio is within 20 feet of an internal street, bollards to prevent vehicle penetration are acceptable with appropriate sidewalk connection. 7. At the time of application for any on -sale liquor license, the developer shall verify that the licensed premises satisfies the special use setback. 8. Operation and maintenance of the seasonal outdoor sales area, as well as any associated signage, shall be subject to compliance with City Code standards. (Not applicable to this lot.) 9. Detached trash enclosures shall be located as identified on the approved Site Plan, and shall meet the design standards in the City Code, and be constructed of the same finish materials as the principal buildings. 10. All rooftop mechanical equipment shall be depicted on final drawings for Building Permit and compliance with screening standards verified at that time. 11. Cart corrals shall be shown on the Final Site Plan. Cart corrals shall be a permanent installation; and no signage shall be placed on the corrals. All shopping carts shall be collected each day and stored within a building overnight. A storage area for carts shall be provided within the buildings for that purpose. 12. The Final Landscape Plan shall have amended specifications to include a note that the root ball be set flush with grade with the root flare visible 1-2" above grade. Additionally, the plan shall note mulch shall not be in contact with the trunk of the tree. (Satisfied) 13. All landscaped areas shall be provided with automatic irrigation in compliance with City Code requirements. 14. A financial guaranty for landscaping and tree mitigation shah be provided at the time of Final Subdivision, in accordance with City Code provisions. (Satisfied) 15. A blue or other industry standard recycling receptacle shall be placed directly next to all trash receptacles in the common areas of the development. Uniform labels on receptacles and lids will indicate recycling or trash and will specifically identify the types of items accepted in each container. 16. Pedestrian crossings of drive lanes shall be visually and texturally offset through use of a different pavement material. 17. Storage of commercial vehicles integral to the principal use of the property shall be subject to City Code standards, and the designated parking stalls shall be identified on the Site Plan at the time of Final Planned Development. 18. A cohesive consistent design shall be provided for all free-standing signs. 19. On free-standing signs, including the Project Sign -Marquee, tenant panels shall be of same construction design consisting of metal panels backlit with translucent graphics. 20. To establish sign placement, size and design parameters for the development, a Master Signage Agreement shall be provided, with the first Final Planned Development, and identify tenants that will be served by each pylon and/or monument sign. This Master Signage Agreement shall be in a form acceptable to the City Attorney, to be executed and recorded against the property. (Satisfied) 21. Except for the Project Sign -Marquee, all monument and pylon signs shall be center identification signs consistent with the design as reflected in the Preliminary Planned Development, with the location depicted on the Master Sign Plan/Agreement. The dimensions of the monuments sign shall be as depicted on the Sign Plan. 22. A final design with a sign panel and indication of overall height shall be provided for the Gateway sign in the northwest corner of the site. (Not applicable to this lot.) 23. Easements shall be dedicated to make certain that the monument improvements are maintained at an appropriate level consistent with the City's established monumentation on Central Parkway. The developer shall enter into an encroachment agreement, in a form acceptable to the city attorney, to allow for the placement of these monuments within the public right-of-way. (Satisfied) 24. A final design plan for the Project Sign -Marquee indicating sign face size and setback location shall be submitted for approval with the first Final Planned Development. Tenant sign identification on the marquee pylon shall be in two complementary earth tone colors, with the tenant's choice of font and letter style. All signs on the structure shall be the same construction design consisting of metal panels backlit with translucent graphics. (Satisfied) 25. A final design plan for the monument identification sign, at the southwest corner of the site (Monument #5) and for the Entry monument sign at the southeast corner of the site (low Entry monument by Project Sign -Marquee) shall be submitted for approval, and their location and setbacks clearly indicated on the Final Site Plan. (Not applicable to this lot.) 26. All building signage shall be mounted to the building wall within the designated sign band, and placement of signs atop a canopy shall not be permitted. 27. All building signage shall be consistent in design, while accommodating the unique identifiers of individual tenants including colors, script and logos. 28. Building architecture shall be considered prior to sign placement so that sign placement is in keeping with the architectural features of the building. 29. Wall signs within the "Village" area shall not exceed 36" height. 30. Signs displaying message or products shall be subject to City Sign Code standards. 31. Final signage plans shall be provided for all buildings at the time of Final Planned Development. a. Building sign size shall be subject to City Code standards. Endcap tenants in multi -tenant buildings may be allowed signage on up to three elevations, and interior tenants on up to two elevations. Single occupant buildings may be allowed signage on up to three elevations. The sign construction type shall be consistent with other building signage throughout the development. 32. Details on the design and placement of directional signs shall be provided with the Final Planned Development. The directional sign structures shall be located so as not to interfere with visibility, vehicular or pedestrian circulation or snow storage. 33. Building elevations shall be submitted for all buildings at the time of Final Planned Development. Buildings for which Preliminary Elevations were not provided shall utilize the same palette of materials and consistent architectural features presented in the Preliminary Schematic Building Elevations. 34. The building sections identified as "tenant trade dress" or similar, shall satisfy City Code standards for quality finish materials, such that the required materials ratios are upheld. Details of the "tenant trade dress" features shall be provided at the time of Final Planned Development for staff review and acceptance. 35. All mechanical equipment, both roof and ground mounted, shall be screened in accordance with City Code standards. All equipment and proposed screening shall be shown and identified on the Final Building Elevations and/or Site Plan drawings at the time of Final Planned Development. 36. All screen walls shall fully screen the truck dock and service areas, and be of a length and height to fully screen any trucks and trailers parked at the docks. 37. New plantings shall be coordinated with existing trees along Central Parkway, subject to approval of the City Forester. (Not applicable to this lot.) 3 8. Landscaping shall be enhanced along the south side of the development to provide an attractive streetscape and frame views into the site, subject to approval by the City Forester. (Not applicable to this lot.) 39. The developer shall Mfill tree mitigation requirements through the installation of one -hundred seventy-four (174) Category A trees (>-- 4" caliper deciduous trees or >=12' height coniferous trees). (These numbers are for the entire Central Park Commons development.) 40. The two Swamp White Oak tree species, which are proposed to be installed in the portion of Central Parkway median that is proposed to be closed off, just north of Quarry Road, shall be revised to Autumn Blaze Red Maple (Acer x freemanii `Jeffersred ) on the Final Tree Mitigation Plan. (Not applicable to this lot.) 41. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 42. The developer shall be responsible to relocate the existing storm sewer the pipe along the northern edge of the site to an alignment acceptable to the City Engineer, and maintain public drainage & utility easement over the existing storm sewer pipe until the relocation is complete. 43. The developer shall be responsible to relocate the existing 10" public trunk water main to an alignment acceptable to the City Engineer. 44. A 20' wide minimum drainage and utility easement, centered on the alignment of the future water main, shall be dedicated with this development. 45. This development shall be required to dedicate an outlot of sufficient size, in a location that meets all Minnesota Department of Health setback requirements for Community Public Water -Supply Wells, public easement and access for the construction and perpetual maintenance of planned above grade City well and transmission Iine pipes, and conduit for well communications, in accordance with Water Supply & Distribution Plan and City Public Works design standards. The alignment and construction of the raw water transmission lines shall avoid the development's proposed storm water underground infiltration and ponding features, and other utilities. A 20' wide minimum drainage and utility easement, centered on the alignment of the future raw water main, and a drainage and utility easement for the well house conduit that is either 5' wide if provided adjacent to the water main easement, or 10' wide if provided elsewhere, shall be dedicated with this development. (Satisfied) 46. The developer shall provide private utility easements and/or maintenance agreements for these proposed private sewer and water lines and fixture utility lines within the development, in a form acceptable to the City Attorney, at time of final subdivision approval. (Satisfied) 47. The plat shall be revised to eliminate drainage and utility easements over all stormwater ponds. (Not applicable to this lot.) 48. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 49. The developer shall provide a plan to be approved by staff including development - owned vault(s) at an entry point(s) to the premises and a conduit system to provide fiber optic to all buildings in the development. The conduit system shall utilize a multi -partitioned inner duct system, or other comparable means, to accommodate multiple fiber optic service providers in the future. The conduit to the well house can be a single duct. 50. The developer shall provide private maintenance agreements for the private streets, in a form acceptable to the City Attorney, at time of Final Subdivision approval. (Satisfied) 51. "No Parking/Fire lane" signage shall be installed along the private streets and medians within the development to ensure they be kept open for emergency vehicle access. The developer shall provide a plan to be approved by the Fire Department that includes "No Parking/Fire Lane" areas and any possible fire department pull offs. 52. Cross -easements for ingress/egress and shared parking shall be executed in a form acceptable to the City Attorney. (Satisfied) 53. This development shall be responsible for removing the existing driveway entrances not utilized on Central Parkway, installing the associated curb and landscaped medians to close the existing median openings on Central Parkway, and removing the temporary bituminous median on the south end of Central Parkway and replacing it with a permanent concrete median. 54. The development shall be responsible for all driveway and turn lane improvement costs associated with this site. 55. The developer shall obtain all necessary permits from Dakota County for any work within the Pilot Knob Road or Yankee Doodle Road right-of-way. 56. The development shall dedicate additional public right-of-way along Pilot Knob Road (CSAR 31) for future upgrade needs of the roadway, and as determined by Dakota County. 57. The plat shall be revised to dedicate sufficient public right-of-way for a potential future one -lane roundabout at the intersection of Central Parkway and Quarry Road. (Not applicable to this lot.) 58. The developer shall enter into a trail easement agreement, in a form acceptable to the City Attorney to provide public right-of-way or trail easement of sufficient size for any public trails constructed outside the current right-of-way limits. 59. This development shall meet the City's Post Construction Requirements (City Code §4.33) for stormwater management and surface water quality, including Runoff Rate Control, Total Phosphorus (TP) & Total Suspended Solids (TSS).Control, and V2" Volume Control on the site's impervious surface area. 60. Prior to receiving city approval to permit land disturbing activity, the developer shall provide the City with soil boring Iogs from a minimum of four soil -borings from the proposed infiltration area, extending a minimum of 10' below the bottom of the proposed infiltration feature, to evaluate and ensure suitability for infiltration. If the soil boring logs indicate incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the developer shall revise the design and/or construction plans to ensure volume control requirements are fully met. (Satisfied) 61. Prior to receiving city approval to permit land disturbing activity, the property owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the maintenance required to maintain proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. (Satisfied) 62. Prior to receiving city approval to permit land disturbing activity, the developer shall provide construction details of proposed sub -surface infiltration practice for City review (cross-sections, construction sequencing/protection, sizing/volume tables, details for inlets, proper venting, maintenance access, etc.), to ensure sub -surface infiltration practice is properly designed and constructed, and adequately protected during / after construction, to function as intended. These details shall be included in applicable plan sheet(s). (Satisfied) 63. During sub -surface infiltration practice over -excavation and sub -soil work, before and during pea -rock backfilling and perforated pipe placement, the developer shall ensure that a Certified Soil Scientist will be present to verify and document that infiltration practice area sub -soils are suitable for a saturated condition infiltration rate of 0.7 - inch per hour or greater. If the sub -soil infiltration rates are less than 0.7 -inch per hour, on which the sub -surface infiltration practice was sized, the developer shall immediately notify the City Engineer and revise the volume control project to ensure volume control requirements are fully met. 64. Before the city issues a Certificate of Occupancy on the development site, the developer shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures and management facilities (ponds and sub -surface infiltration practice) conform to design and/or construction plans, as approved by the City. As -built volumes (for detention and retention) shall be provided for the ponds and sub -surface infiltration practice. The developer shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 65. Park dedication shall be through cash dedication. The amount shall be determined by the retail square footage reflected in the approved plan and recognizing a past dedication credit of 37.5%, to be satisfied through a cash payment at the time of Final Subdivision at the rates then in effect. (Satisfied) 66. Trails dedication shall be satisfied through installation of a trail system along Central Parkway adjacent to the development site, to the satisfaction of the City. lln=lnolnonp. Y,\2011\110035\plon Gh4Pks�Ylno1 PO PYpse 9_ V11lo0EV100ClSslte.tlwo FeN 01. 2016 — Il�'Sdnn EXHIBIT B rya � m n rn Z� 9 m 0 _ly . F I -. q `" CENTRAL PARK COMMONS € 33irY{ I a 1161114!11H =611°1L 2 5.D rLt r. " PILOT KNOB ROAD # YANKEE DOODLE ROAD I g r n $9 EAOAN. MINNESDfA ��5'.r �csm A W�i`�? 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A G- � ■ a � ��, C r ! � � a m 7 C r r : � Ei a■ : I t R � .'�I. �, r� FTE pF a 9 + p R x r M cX q P aF 9 R i R F' E1R F+ F "x E@ � E F E E E Egg E+p E. E F F � E F Eg gi WIN l 11 AllLS & Efld $ 8■■ r a 9 p a t m l I If • G# ■■ Y B■� k- G r i F w■ 7 . Y >ti1. G i ■ r w ■ I liw�' t��■ E tl m■ m S F y r � G' ■ 2 0!01 11julm■ ■ a m r r 15 Ef ■ I# E E E e D E 9 s E E E& �gpl� j E ig: gE } � � � E s }'■ � Shy #i �i pp i Pe ggCF, {! • $ ((( 4Cm I i R i P il a ll'I #■$ T x s w L -I il m s Il l m 8 � FA5 I z a Wll py n P 9 G p Q m 1 -.11-. # ■ e r 9 n; CENTRAL PARK COMMONS S '- ' "E r m • p - p S^a 11A KNOB ROAR t: YANKEE °°°ALE RW H .mwr.q„d.o,w.e.e.n EE LLQ■ RRR EARAN, MIKNESRTA �g: r CUM wcenawsnw r.�mm�wow "Flag FINAL PLANNED DEVELOPMENT r9 •- m 0R1`°"� fl '!— iz ■" a -� LANDSCAPE SCHEDULE EXHIBIT E (Final Signage Plan) Signage is subject to the terms of the Central Park Commons Master Signage Agreement dated October 6, 2015 which includes the Signage Location and Graphics and Uniform Signage Design standards dated September 28, 2015. Z 0 Ln �Z V P u i..0 cr rel tn z 0 l/I a J m w l7 J a C rn M 0 a a E m tn h C ami C. > �. 6n0 m M Q u O O E in o c cr E y r ni E M� Oi6 ZR N.� z kD 7A w Q z uJ tA LLI cc CL uu a 4 6r J *� OCL a °J yT R^+ V1 CL '" R O " uAJ c '6 C *�+ cn O paj W- 'A N c c o a" a O 'n E 61 d ` im R E C N V1 ++ 9J a d7 X O u 0.2 i F_ o -0 d i W U O cn A O Q D O w .vCD '6 16 O m N to N M +� c Lu py c a c 0 �inH uH y z r N M N N 1 9 z O LU O LL z Q N LU 0 Q J C 'E .Q o Lo Ln G C R R 61 L11 Y m OL (D 'o Mc a H to O Q N N to _ V * O. R0. R a C -d LO Q Q - Q W W C.9 W Cc EXHIBIT F V01 s CENTRAL PARK COMMONS 9� g �7 I✓ + 's.='" PILOT KNOB ROAD h YANKEE DOODLE ROAD r EACAN, MIN14ESOTA f r CSM FINAL PLANNED DEVELOPMENT 9.z A OVERALL PHOTOMETRIC PLAN SITE LIGHTING PLAN ti lug C8VlR4L R91iYlYAY _ rrrrr ettcrreeercereererTw rrrrtece }, eerrrr rrrrrr r eerrt rc e e e Y e r e e t r r c r r r Kir r: erarrrrrrr r r e e r e e e e e e e e r r t t r r e r r r e rr r errrr�rr 14 ku reerr� r c r r xe rrrrrr r. rr PLMAWRMW SISIS I�IS°3��=q CENTRAL PARK COMMONS Pl. KB ROAD G YANKEE DOODLE ROAD a ? : r csm U.11,U.11,MINNESOTA] FINAL PLANNED DEVELOPMENT �>�l : Z PHOTOMETRIC PLANNO B1W CATALOG NO. TYPE NO. JOB NAME LytePro32 Architectural LED Wall Sconce ORDERING INFORMATION Catalog Number. Example: LP32T LP 32 1 P SERIESI COLOR LP- T- Titanium LyteProK W- White Architectural 32- H! Lumen P- Bronze LED Wall LEDs Sconce ACCESORIES 4. PCB i- Button -type photocontrol. )-118" x 1" x 314". 318" NPS threaded nipple for use In boxes, fittings and other protective enclosures. - TECHNICAL INFORMATION PHOTOMETRIC DATA t 4.6" 12" Horizontal Footcandles T- Delivered Lumens = 5,840 2'5" Mounting Height = 18.00 Ft Maximum Calculated Value = 2.28 Fc A-0. DISIGnIGHTS CON SOATIUM ® 2013 Koninklijke Philips Electronics N.V. All rights reserved. specifications are subject to change without notice. www.philips.comlluminaires 05113 PRODUCT SPECIFICATIONS • Provides safety and secur-y in residential and commercial applications in locations such as entrances, over garages, wall signs and locattions along perimeters and pathways. • Requires only 71 system watts for ervironmently-friendly operation. Thirty-two high -output LED's offer lumen maintenance: L -m 54,000 hrs at 40° C ambient Patented Philips LED Optical System individually controls the placement of fight in the target area • Type III distribution with shielded optics collects and redirects light to optimize performance, • 4000K neutral color temperature delivers maximum light with high efficiency. • Functions in environments with tem eratures that range from -3MC to 40°C • Housing constructed of heavy die cast aluminum, integraail heat sink • Corrosion resistant Duraplex II polyes:erpowdercoated finish available in white, bronze and titanium • Glass lens is fully sealed to keep out water insects and dust. • Electronic Class 1 LED driver accepts 12G277v, 50/60Hz input (constant current) • Integral cast aluminum heat sink ensures cool operation, • Complete with integral splice chamber. • Built-in bubble level for accuracy, • Universal mounting plate with hook and lock mounting, • Optional field instated PCB1 photocontrol for automatic all night liftng 5,840 del.'vered lumens IES T ype III • CRI 73 • EFcacy. 82 LPW • ETL tested suitable forwet location • 5 year limited warranty* • Design Lights Consortium qualified RECEIVED SEP 3 0.201% PHILIPS Stenice- _44_I ]iiTi'T+11 The patented Lumark Crosstour T" LED Wall Pack Series of luminaries provides an architectural style with super bright, energy efficient LEDs. The low -profile, rugged die-cast aluminum construction, universal back box, stainless steel hardware along with a sealed and gasketed optical compartment make the Crosstour impervious to contaminants. The Crosstour wall luminaire is ideal for wall/surface, inverted mount for fagade/canopy illumination, post/bollard, site lighting, floodlight and low level pathway illumination including stairs. Typical applications include building entrances, multi -use facilities, apartment buildings, institutions, schools, stairways and loading docks test. SPECIFICATION FEATURES Construction Slim, low -profile LED design with rugged one-piece, die-cast aluminum hinged removable door and back box. Matching housing styles incorporate both a small and large design. The small housing is available in 7W and 18W. The large housing is available in the 26W model. Patent pending secure lock hinge feature allows for safe and easy tool -less electrical connections with the supplied push -in connectors. Back box includes three (3) half-inch, NPT threaded conduit entry points. The universal back box supports both the small and large forms and mounts to standard 3-112" to 4" round and octagonal, 4" square, single gang and masonry junction boxes. Key hole gasket allows , for adaptation to junction box or wall. External fin design extracts heat from the fixture surface. One- piece silicone gasket seals door and back box. Minimum 5" wide pole for site lighting application. Not recommended for car wash applications. DIMENSIONS Optical Silicone sealed optical LED chamber incorporates a custom engineered mirrored anodized reflector providing high -efficiency illumination. Optical assembly includes impact -resistant tempered glass and meets IESNA requirements for full cutoff compliance. Solid state LED Crosstour luminaries are thermally optimized with five (5) lumen packages in cool 5000K or neutral warm 35OCK LED color temperature (CCT). Electrical LED driver is mounted to the die-cast housing for optimal heat sinking. LED thermal management system incorporates both conduction and natural convection to transfer heat rapidly away from the LED source. 7W models operate in -40°C to 40*C [-40°F to 104°F]. 1BW and 26W models operate in -40*C to 40*C [-40*F to 104°F]. High ambient 50*C models available. Crosstour luminaires maintain greater than 90% of initial ESCUTCHEON PLATES Lumark light output after 72,000 hours of operation. Three (3) half-inch NPT threaded conduit entry points allow for thru-branch wiring. Back box is an authorized electrical wiring compartment. Integral LED electronic driver incorporates surge protection. 120-277V 50/6OHz or 347V 60Hz models. Finish Crosstour is protected with a Super durable TGIC carbon bronze or summit white polyester powder coat paint. Super durable TGIC powder coat paint finishes withstand extreme climate conditions while providing optimal color and gloss retention of the installed life. Warranty Five-year warranty. iR 6W 7jA i ' I i I • 1 F[11 iiiiii rl SIN 'Ir. �Irl��l Irl Ir Irl It. I - j 7W& 18W I—7W&18W � 514" [146mm] 3518" [92mm] 26W 26W 6-58" 1168mml 4" E102mm1 0 0 17112" n c [445mm] 0 L— 10" [254mml ^J RECEIVED SEP 3 0 7015 Pawadng 8usumm Wkd&v& *www.clesignlights.org XTOR CROSSTOUR IED APPLICATIONS: WALL / SURFACE POST / BOILLARD LOW LEVEL FLOODLIGHT INVERTED SITE LIGHTING OLC CERTIFICATION DATA UUcUL Wat Location Listed LM7S I LM80 Compliant ROHS Compliant ADA Compliant NOM Compliant Models IP66 Ingressed Protection Rated Title 24 Compliant DesignLights Consortium® Qualified* TECHNICAL DATA 40°C Maximum Ambient Temperature External Supply Wiring 901C Minimum EPA Effective Projected Area (Sq. Ft.): XTORIA/xTOR2A--0.34 XTOFMA=0.45 SHIPPING DATA: Approximate Net Weight 3.7 - 5.25 lbs. [1.7 - 2.4 kgs.] TD514013EN 2015-05-2911:34:51 DESCRIPTION The GalleonTm LED luminaire delivers exceptional performance in a13LEON-AE-10-LED-E1-T3-BZ highly scalable, low -profile design. Patented, high -efficiency AccuLED Optics"" system provides uniform and energy conscious illumination to dKK walkways, parking lots, roadways, building areas and security lighting [ ventral Park Commons applications. IP66 rated. — Main parking lots Trent Shore - Pulse 9-9-2015 SPECIFICATION FEATURES Construction Extruded aluminum driver enclosure thermally isolated from Light Squares for optimal thermal performance. Heavy -wall, die- cast aluminum end caps enclose housing and die-cast aluminum heat sinks, A unique, patent pending interlocking housing and heat sink provides scalability with superior structural rigidity. 3G vibration tested. Optional tool - less hardware available for ease of entry into electrical chamber, Housing is IP66 rated. Optics Choice of 16 patented, high - efficiency AccuLED Optics. The optics are precisely designed to shape the distribution maximizing efficiency and application spacing. AccuLED Optics create consistent distributions with the scalability to meet customized application requirements. Offered standard in 4000K (+I- 275K) CCT and minimum house side shie?d is designed to seamlessly integrate with the SL2, SL3, SL4 or AFL optics. Electrical LED drivers are mounted to removable tray assembly for ease of maintenance. 120-277V 50/60Hz, 347V 60Hz or 480V 60 Hz operation. 480V is compatible for use with 480V Wye systems only. Standard with 0-10V dimming. Shipped standard with Eaton proprietary circuit module designed to withstand 10kV oftransient line surge. The Galleon LED luminaire is suitable for operation in -40"C to 40°C ambient environments. For applications with ambient temperatures exceeding 401C, specify the HA (High Ambient) option. Light Squares are IP66 rated. Greaterthan 90% lumen maintenance expected at 60,000 hours. Available in standard 1A drive current and optional 530mA and 700mA drive currents. assembly. Designed for pole or wall mounting. When mounting two or more luminaires at 901 or 1200 apart, the EA extended arm may be required. Refer to the arm mounting requirement table on page 3. Round pole top adapter included. For wall mounting, specify wall mount bracket option. 3G vibration rated. Finish Housing finished in super durable TGIC polyester powder coat paint, 2.5 mil nominal thickness for superior protection against fade and wear. Heat sink is powder coated black. Standard colors include black, bronze, grey, white, dark platinum and graphite metallic. RAL and custom color matches available. Consult the McGraw -Edison Architectural Colors brochure for the complete selection. Warranty 70 CRI. Optional 6000K CCT and Five-year warranty. 3000K CCT. For the ultimate level Mounting of spill light control, an optional Extruded aluminum arm includes house side shield accessory can internal bolt guides allowing for be field or factory installed. The easy positioning offixture during 33 (15.0 kgs.) DIMENSIONS POLE MOUNT 3-15116" [100mm1 J I "A I ! 21-3/4" [553mm) WALL MOUNT 21-3i4" [553mm] 17" 1157mmi DIMENSION DATA Number of Light Squares "A"Width "B" Standard Arm Length "B" Optional Arm Length Weight with Arras Obs,) EPA with Arm Y (Sq. Ft.) 15-1/2'(394m-4 7' (178mm) 10" (264mm) 33 (15.0 kgs.) 0.96 5-6 21-5/8' (549mm) 7' (178mm) 10' (254mm) 44 (20.0 kgs.) 1.00 7-8 27.5/8" (702mm) 7" (178mm) 13' (330mm) 54 (24.5 kgs.) 1.07 9-10 33.3/4" (857mm) 7' (178mm) 16" (406mm) 1 63 (28.6 kgs.) 1,12 2-7116' [61 mm; NOTES;1 Extended arras option may be required when mounting two or mare factures par pole at 90' or 120'. Refer to ane mounting requirementtable.2 EPA calculated with optional arm length. r RECEIVED SEP 3 0 1015 Po"Ag Business Wor lmde •www.designlights.org GLEON GALLEON LED 1-10 Light Squares Solid State LED AREA/SITE LUMINAIRE V, c" e'i" DLA ��nrit� � CERTIFICATION DATA UUcUL wet Location Listed ISQ 9001 LM79 / LM80 Compliant 3G Vibration Rated IP66 Rated DesignLights Consortium® Qualified* ENERGY DATA Electronic LED Driver >0.9 Power Fatter <20% Total Harmonic Distortion 120V -277V 50160W 347V & 480V G0Hz -40"C Min. Temperature 40"C Max. Temperature 50"C Max. Temperature (HA Option) y9� TD500020EN aT 2015-06-0413:56:33 OI' Straet Side House Side Standard OPTICAL DISTRIBUTIONS Street Side House Side Optics Rotated Left @ 90' [L90] Ir— Side House Side Optles Rotated Right @ 90• [R901 GLEON GALLEON LED DRILLING PATTERN TYPE "N' 314" [19mm] Diameter z" Hole [51 mm] 716' [22mm] i-314" W144r W2) 9116" [14mm] Diameter Holes AsymmetrioArea Distributions T2 SLY T3 SU T4FT T4W SLA (Type II) (Type II with (Spill Control] (Type III) (Type III with Spill Control) (Type IV Forward Th row) (Type IV Wide) (Type IV with Spill Control) I I Asymmetric Roadway Distributions RW T2R T3R (Recta ngu lar WideType q (Type 11 Roadway) (Type III Roadway) I (E N, ARM MOUNTING REQUIREMENTS Symmertric Distributions 5NQ 5MD 5WQ (Type V Square Narrow) (Type V Square Medium) (Type V Square Wide) f— —� F— --� r�) L —J L—J Specialized Distributions - AFL SILL (Automotive Frontline) 190' Spill Light Eliminator Left) Configuration 90' Apart 120° Apart GLEON-AE-01 7' Arm 7' Arm (Standard) (Standard) GLEON-AE-02 7" Arm 7 -Arm (Standard) (Standard) GLEON-Ai-7' Arra 7' Arm (Standard) (Standard) GLEON-AE-04 7" Arm 7' Arm (Standard) (Standard) GLEON-AE-05 10" Extended Ann 7" Arte (Required) (Standard) GLEON-AE OB 10' Extended Ann 7' Arm (Required) (Standard) GLEON-AE-07 13" Extended Arm 3' Extended Arm (Required) (Required) GLEON-AE-06 13' Extended Arm 13" Extended Ann (Required) (Required) GLEON-AE-09 16' Extended Arm 16' Extended Ann {Required) (Required) GLEON-AE-10 16" Extended Arm 16' Extended Arm (Required) (Required) 2 R 180' SLR (90' Spill Light Eliminator Right) Triple' 4@90' Triple' r�iuri IrY�14 NOTES., 1 Round poles are 3 ® 120'. Square poles are 3 @ 901. 2 Round poles are 3 0 901. 2 @ 120' n Eaton 1121 Highway 74 South �C (� Zfl'l� Cid, GGA Peachtree City, GA 30269 Spec'rfica6ons and ` RECEIVED L v 0{ ( TD500020EN P: 770.496-4500 dimensions subject W Pdwerir♦gBuslriaNW0f Wd.s www.eatoh.comllighting change without notice, 2015-06.0413:56:33 0 M r a �xw A xo x p = i mC1$ (f j0 m CY j Ei N DRAWN: M. HARVALA 2/20/2015 SOME GEOGRAPHICALAREAS HAVE SPECIAL WIND CONDITIONS THATOW CREATE WIND p CD CD CHECKED 0 C) rO- F1 Q N p p � 2 pp 23171 Groesbeck". Fn03g N iii a Y ¢1 4 39 1 APPROVED: Ln Central Park Commons, i �o QUOTE: S.O.# M CATALOG: Type KK ole Fn Ill 4 z O z 3 O C: 1-4 z no w 000 pxpxpx� Z O O O 3 W O O X 0 0 z r M O M X RECENEU SEP. d,J ` 8 M g H O z P��P.o FF -uv mrnm rn CI O0 Op � A A w N F � � rn F � A MwM rn o w 0 0 V DRAWN: M. HARVALA 2/20/2015 SOME GEOGRAPHICALAREAS HAVE SPECIAL WIND CONDITIONS THATOW CREATE WIND p INDUCED VIBRATIONS CAUSING A FATIGUE PROBLEM. NO METHOD HAS YET BEEN FOUND FOR CHECKED PREDICTING DESTRUCTIVE LIGHTING POLE VIBRATION. THESE CONDITIONS ARE UNIQUE AND pp 23171 Groesbeck". CANNOT BE GUARANTEED AGAULLST, AND ARE THE RESPONSIBILM OF A LOCAL SITE ENGINEER. REVISION: DATE Y ¢1 mom` 39 1 APPROVED: & p15%) 4 R(�b))i4-57o� Central Park Commons, i �o QUOTE: S.O.# WWW.Q� erdstuctur8Simcom aa�umxwv CATALOG: Type KK ole Irf N : CPS -I-6007-35 -BK-D 11 SIZE: C SHEE' T 1 OF 1 REF: SCALE: NONE Y I m 0 1O McGraw -Edison DESC IPT€ON The Galleon'' LED luminaire delivers exceptional performance in at3LEON-AE-10-LED-EI-5WQ-BZ highly scalable, low -profile design. Patented, high -efficiency Accu LED �L "' Optics'system provides uniform and energy conscious illumination to walkways, parking lots, roadways, building areas and security lightingIMain Central Park Commons applications. IP66 rated. parking lots Trent Shore - Pulse SPECIFICATION FEATURES Construction Extruded aluminum driver enclosure thermally isolated from Light Squares for optimal thermal performance. Heavy -wall, die- cast aluminum end caps enclose dousing and die-cast aluminum heat sinks. A unique, patent pending interlocking housing and heat sink provides scalability with superior structural rigidity. 3G vibration tested. Optional tool - less hardware available for ease of entry into electrical chamber. Housing is IP66 rated. Optics Choice of 16 patented, high - efficiency Accu LED Optics. The optics are precisely designed to shape the distribution maximizing efficiency and application spacing. AccuLFD Optics create consistent distributions with the scalability to meet customized application requirements. Offered standard in 4000K (+1- 275K) CCT and minimum 70 CRE. Optional 6000K CCT and 3000K CCT. For the ulx]mate level of spill light control, an optional house side shield accessory can be field or factory installed. The DIMENSIONS house side shield is designed to seamlessly integrate with the SL2, SL3, SL4 or AFL optics. Electrical LED drivers are mounted to removable tray assembly for ease of maintenance. 120-277V50/60Hz, 347V 60Hz or 480V 60Hz operation. 480V is compatible for use with 480V Wye systems only. Standard with 0-10V dimming. Shipped standard with Eaton proprietary circuit module designed to withstand 10kV of transient line surge. The Galleon LED luminaire is suitable for operation in -40eC to 40°C ambient environments. For applications with ambient temperatures exceeding 40eC, specify the HA (High Ambient) option. Light Squares are IP66 rated. Greater than 90% lumen maintenance expected at 60,000 hours. Available in standard 1A drive current and optional 530mA and 700mA drive currents. Mounting Extruded aluminum arm includes internal bolt guides allowing for easy positioning of fixture during assembly. Designed for pole or wall mounting. When mounting two or more luminaires at 90e or 120° apart, the EA extended arm may be required. Refer to.the arm mounting requirement table on page 3. Round pote top adapter included. Forwall mounting, specify wall mount bracket option. 3G vibration rated. Finish Housing finished in super durable TGIC polyester powder coat paint, 2.5 mil nominal thickness for superior protection against fade and wear. Heat sink is powder coated black. Standard colors include black, bronze, grey, white, dark platinum and graphite metallic. RAL and custom color matches available. Consult the McGraw -Edison Architectural Colors brochure for the complete selection. Warranty Five-year warranty. POLE MOUNT 3-15/16• rr [100mm] __j "A" I21-314"[553mm] WALL MOUNT [157mm] DIMENSION DATA I - - 21-314" [553mm] 17" [1 Number ofatt Light Squares °A"Width "B" Standard Arm Length "B" Optlonal Arm length Weight wArm (lbs.) EPA with Arm a (Sq. FL) 1-4 115-1/2' (394^1m) 7' (178mm) 10' (254mm) 33 (15.0 kgs.) 0.96 5-6 21-5/8' (549mm) 7' (178mm) 10' (254" 44 (20.0 kgs.) 1.00 7-8 27-5/8' (702mm) 7" (178mm) 13' 1330mm) 54 (24.6 kgs.) 1.07 9-10 33-8/4" 1857mm) 7' 1178mm) 16' (406mm) 83 (28.6 kgs.) 1.12 NOTES:1 Extended arm option may be required when mounting two of more fixtures per pcle at SW or 170 Refer to arm mounting requirement table. 2 EPA calculated wi!FT optimal arm length. P&ST11111 Awailag &"sines Wmldwfde RECEIVED SEQ 3 0'at mm] * wwv.designlights.org 1-10 Light Squares Solid State LED AREA/SITE LUMINAIRE H CERTIFICATION DATA UUcL1L Wet Location Listed ISO 9001 LM79 / LM80 Compliant 30 Vibration Rated IP66 Rated DesignLights Consortiums Qualified* ENERGY DATA Electronic LED Driver a0.9 Power Factor <20% Total Harmonic Distortion 12OV-277V 501001-Iz 347V & 480V 6OHz .40'C Min. Temperature 40"C Max. Temperature 50°C Max. Temperature (HA Option) . IF 1.1f ►,t TD500020EN °MW 2015-06-0413:56:33 OPTIC ORIENTATION House Side Standard OPTICAL DISTRIBUTIONS Side House Side Optics Rotated Left @ 90" [1-901 Street Side Optics Rotated Right @ 90" [R90] - - Asymmetric Area Distributions T2 SL2 T3 SL3 T4FT (Type 11) tType II with Spill Control) (Type Ill) (Type Ili with Spill Control) (Type IV Forward Throw) I Asymmetric Roadway Distributions RW T2R T3R (RectengularWideType 1) (Type 11 Roadway) (Type III Roadway) ARM MOUNTING REQUIREMENTS GLEON GALLEON LED DRILLING PATTERN TYPE "N" 314" [19mm] Diameter 2" Hole [51 mm] 718" [22mm] 1-314" [44r Z[2) 9/16" 114m ml Diameter Holes T4W (Type IV Wide) SLA (Type 1V with Spill Control) Symmertric Distributions 5NO SM0 5w0 (TypeV Square Narrow'r (TypeV Square Medium) (TypeV SquareWide) . F— I --I r— --� r L —J LJ Specialized Distributions AFL SLL SLR (Automotive Frontline) (90° Spill Light Eliminator Left) (90° Spill Light Eliminator Right) LL Configuration 901 Apart 120 -Apart GLEON-AE-01 7' Arm 7' Arte (Standard) (Standard) GLEON-AE-02 7' Arm 7" Atm (Standard) (Standard) GLEON-AE-03 7' Arm 7' A" (Standard) (Standard) GLEOWAE-D4 7' Arm 7' Arm (Standard) (Standard) GLEON-AE-05 i0" Extended Arm 7" Arm (Required) (Standard) GLEON-AE-06 10' Extended Arm 7" Arm (Required) (Standard) GLEON-AE-07 13' Extended Ann 13' Extended Arm (Required) (Required) GLEAN -AE -08 13" Extended Atm 13' Extended Arm (Required) (Required) GLEON-AE-09 16' Extended Arm 16' Extended Arm (Required) (Required) GLEON-AE-10 16" Extended Arm 16' Extended Ann (Required) 1 (Required) 2@180" Triple' 4 @ 90" Triple' 2 @ 120° ter_'_•—' �'� �,'•` �` NOTES: 1 Hound polos are 3 G 120'. Square poles are 3 090'. 2 Round poles are 3 Q 9a'. Eaton 1121 tree Cit 74 South � RECEIVED SEP 3 0 2015 Peachtree City, GA 30269 dmensions s and P: 77aaesaego d'rnensione subject to TD500020EN Paweringl%slnessWal Oe vwvw.eaton.cornAighting change without notim. 2015-05-0413:56:33 W vo o = X A Fn O r M 0 M am M� 0* n as M m A m Q O X O Q a Q a z7 2 X 13 O boo v o y vD ccDD �Q a < y 0 I Q ASO � v Hv `drm .T- ��m O I Q� P'v D mw' mA�Dwgo in� g� n;° =z z �o�oe�Apz� Z Z� N Z ' pJ & . 3 �.; ` ' GI ri W In zO v`^i W z o p a .� �k' O z cn O N !Ij Ip O $ a, a gFnn m Ln C o N FFn 4` ! r coo lM1 Tr � M 1 SEP 3 0 2015 4 DRAWN: M. HARVALA 2/20/2015 SOME GEOGRAPHICAL AREAS HAVE SPE= WIND CONDMONS THAT CAN CREATE WIND a INDUCED VIBRATIONS CANSING A FATIGUE PROBLEM. NO METHOD HAS YET BEEN FOUND FOR CHECKED PREDICTING DESTRUCTWE LIGHTING POLE VIBRATION. THESE CONDII']ONS ARE UNIQUE AND r REVISION: DATE: 23171 Groesbeck Hwy, CANNOT BE GUARANTEED AGAINST, AND ARE THE RESPONSIBGLITY OF A LOCAL SITE ENGINEER, ROVED: Wmen.W4 0H9 TITLE: Central Park Commons a o APP�� F:146177"10$1 F: 15861114579 n QUOTE: i www.generGditchxdn=m CATALOG: T e LL pole m 5.0.# .nwmxxw REF: SCALE: NONE DWG NO: CPS -1-5007-35 -BK-D 11 SUE.- C I SHEET 1 OF 1 CD 9a n 1 0 DESCRIPTION The GARIGAT/GLC Generation Series LED is a marriage of traditional shapes and contemporary styling. Its superior photometrics offer excellent illuminatiori and uniformity for many of today's applications. Its styling blends well in many settings - historic districts, downtown streetscapes, roadways, residential neighborhoods, as well as city parks and educational campuses. The Generation Series LI=D sets a new standard for decorative post top luminaires. SPECIFICATION FEATURES Construction HOUSING: Heavy-duty cast aluminum housing and removable door. A single quarter turn fastener on the removable door provides tool -less access to wiring compartment. CAGE ASSEMBLIES: Cage assembly uprights and medallions are manufactured of heavy-duty cast aluminum and mounted to the exterior of the base housing via four stainless steel fasteners. Cage rings constructed of extruded aluminum and finished to match housing. TOPS AND FINIALS: Choose from multiple spun aluminum or acrylic tops and cast aluminum finials for customized fixture style. All solid tops are made of heavy-duty spun aluminum. TWISTLOCK GLOBE: The optional twistlock assembly offers ease of maintenance through instant access to both the LED and wiring compartment by twisting the top refractor assembly and lifting it from the mating lock plate. DIMENSIONS Optical REFRACTIVE GLOBE: High efficiency refractive optical systems are precisely designed utilizing a combination of refractive and reflective prisms. Available in Type III or Type V distributions. Lighting grade acrylic ensures long lasting optical clarity and resistance to discoloration. Electrical 120-277V 50/60Hz operation. 10kV /10kA common- and differential mode surge protection standard. Thermal management transfers heat rapidly away from the LED source for optimal efficiency and light output. Ambient operating temperature from -40°C to 40`C. Standard three -position tunnel type compression terminal block. GAT (Architectural Base) McGRAW-EDISON® `` sluti-is GAR -080 -LED -E1 -5 -AX -M -BK Central Park Commons Decorative - single Trent Shore - Pulse Mounting Base casting slipfits over a standard 3" O.D. tenon and secured via four stainless steel allen head fasteners. 3G vibration tested. Finish Cast and spun components finished in a five -stage premium TG1C polyester powder coat paint, 2.5 mil nominal thickness for superior protection against fade and wear. Consult the McGraw - Edison Architectural Color brochure for a complete selection of standard colors including black, bronze, grey, white, dark platinum, graphite metallic and hartford green. RAL and custom color matches available. Warranty Five-year warranty. This look w/o the decorative cage. GLC (Classical Base) This base. MM 9-9-2015 GAR/GAT/GLC GENERATION SERIES LED LED DECORATIVE POST TOP LUMINAIRE EPA Effective Projected Area: (Sq. F1.) 2.1 SHIPPING DATA ApproArnate Net Weight: 50 lbs. (23 kgs.) RECEIVED SEP 3 0 tot Cooper Lighting 11 I I'll] ADH141707 by JF.T.r�+�— 2014-07-1413:24:38 Glow top CONFIGURATIONS CAGE TYPE TOP TYPE FINIAL TYPE Acorn No Architectural Classical (GlowTop] (SpunTop I Top Access) mul'O tun Modern (Spun Top] Modern Architecture) m (Spun Top /Top Access) J, j�I�] ft, Modern Victorian p� (GlowTop) Victorian Y Architectural Classical No cage(SpunTop) Nostalgic No cage. ORDERING INFORMATION Sample Number; GAR-080-LED-EI-3-CXA-BK GARIGATIGLC GENERATION SERIES LED LUMEN TABLE LUMEN MAINTENANCE Correlated TM -21 Lumen Theoretical L70 Refractor Type Maintenance Cage Type Color Case Top Total Luminaire Distribution Temperature Type Type Lumens Wattage 117,000 (CCT) State Light 120-277V) (Full Brightness) (Nominal) Type III 4000K Nape Glow 11,060 99W Type ill 4000K None Solid 8,467 99W Type III 40ODK Any Glow 7,776 99W Type III 4000K Any Solid 5,778 99W Type 4000K None Glow 10,571 99W TyceV 4000K None Solid 9,365 99W Type V 4000K Any Glow 7537 99W TypeV 4000K Any I Solid 6,087 99W LUMEN MAINTENANCE Product Family Ambient TM -21 Lumen Theoretical L70 Refractor Type Maintenance Cage Type Temperature (36,000 Hours) (Fours) 15°C >93% 240,000 25"C >92% 210,000 40°C >89% 117,000 Product Family LED Series Lamp Type Voltage Refractor Type Top Type Cage Type Finial Type r Color' GAR- corn Base 080-1.E6 080 Series LED Solid El lectronic =Type III orn A --Architectural rchitectursl AP --Grey GAT=Architectural Base State Light 120-277V) ype V C=Classical C --Classical L!!jAodern B2=Bronze GLC=Classical Base Emitting M=Modern M=Modern - ostalglc BK Black Diodes V=Victorian 4one V=Victorian DP --Dark Platinum N=Nostalgic X=None GN=Hartford Green (Top Access) GM=Graphite Metallic R --Architectural WH=White (Top Access) Options (Add as Suffix) Accessories (Order Separately) A=Twistiock Refractor MA1252=1 OW Surge Module Replacement B=Decorative Brass Banding sa GLR-080-E:1=080 Series LED Series LED Replacement Module with 120-277V Universal Driver G=Gold Cage and Finial GLH -080-E1-21.=080 Series LED Series LED Replacement Module with 120-277V Universal Driver and Bi -Level Switching Capable Da-Downlight Reflector GLR-080-E1-151-1-080 Series LED Series LED Replacement Module with 120-277V Universal Driver and Street Side 1 House Side Switching P --Polycarbonate Refractor Capable R=NEMA Photacontrol Receptacle HALO"C High Ambient Temperature Rating 2L --Two Circuits SH=Street Side I House Side Switching MOTES: 1. Other Inlsh calors available, hctudng a tut one of RAL oebr )retches. Consult your Eaton's Cooper Lighting business rapressntaeve!or mora information. 3. When brass herding is chosen, Fniel finished in gold. 9. No avallable wth cage. RECEIVED SEP 3 01015 Eaton Eaton's Cooper Lighting Business 1000 Eaton Boulevard 1121 Highway 74 South Cooper Lighting Clm;and, OH 44122 Pasdi4ee City, GA 30269 Spedficadws and United States P: 7704864800 dimensions subject to by E:T*N Eatw.com www.oDoperligftfing.com change without notice. ADH141707 2014-07-1413:24:38 0 r— M a sox x Aoo rn� I f ;e r• L fl on 7t 00 N CD x b x X l,h o o 71; � O oa � f � M n M j� o C M a y DRAWN: M. HARVALA CHECKED REVISION: 0 o APPROVED: QUOTE: S,O,# o � F O �Fn M z� C) C) a. z i l 0 g ood Oll..n+nBHz z�. M x x x o O O O O v �N�� aaaa z o000 Azo 7oA ? W N r p G]G]Grh JM?J:J?on Oxx rn �m rnmC y�> 00 N W O O DATE:LVNM W IW. M14808ec9 Hwy. SWAM F: I5M) 774-61081 F:15%) 774-s7o6 www.geneidtuckoesinc.com hEMILMAP SCALE: NONE m h x. fflE 111111111111 SOME GEOGRAPHICAL AREAS HAVE SPECIAL WIND CONDITIONS THAT CAN CREATE WIND INDUCED VIBRATIONS CAUSING A FATIGUE PROBLEM. ND METHOD HAS YET BEEN FOUND FOR PREDICTING DESTRUCTIVE LIGHTING POLE VIBRATION. THESE CONDITIONS ARE UNIQUE AND CANNOT BE GUARANTEED AGAPLST, AND ARE THE RESPONSIBILITY OF A LOCAL SITE ENGINEER. TITLE: Central Park Commons ICA.TALOG: Twe MM pole DWG NO: SIZE: C ESHEET 1 OF 1 DESCRIPTION The GAR/GAT/GLC Generation Series LED is a marriage of traditional shapes and contemporary styling. Its superior photometrics offer excellent illumination and uniformity for many of today's applications. Its styling blends well in many settings — historic districts, downtown streetscapes, roadways, residentlai neighborhoods, as well as city parks and educational campuses. The Generation Series LED sets a new standard for decorative post top luminaires. SPECIFICATION FEATURES Construction HOUSING: Heavy-duty cast aluminum housing and removable door. A single quarter turn fastener on the removable door provides tool -less access to wiring compartment. CAGE ASSEMBLIES: Cage assembly uprights and medallions are manufactured of heavy-duty cast aluminum and mounted to the exterior of the base housing via four stainless steel fasteners. Cage rings constructed of extruded aluminum and fin)shed to match housing. TOPS AND FINIALS: Choose from multiple spun aluminum or acrylic tops and cast aluminum finials for customized fixture style. All solid tops are made of heavy-duty spun aluminum. TWISTLOCK GLOBE: The optional twistlock assembly offers ease of maintenance through instant access to both the LED and wiring compartment by twisting the top refractor assembly and lifting it from the mating lock plate. 13IM ENSIONS Optical REFRACTIVE GLOBE: High efficiency refractive optical systems are precisely designed utilizing a combination of refractive and reflective prisms. Available in Type III or Type V distributions. Lighting grade acrylic ensures long lasting optical clarity and resistance to discoloration. Electrical 120-277V 50160Hz operation. 10kV 110kA common- and differential mode surge protection standard. Thermal management transfers heat rapidly away from the LED source for optimal efficiency and light output. Ambient operating temperature from -40°C to 40°C. Standard three -position tunnel type compression terminal block. GAT (Architectural Bass) This base. McGRAW EDISON® �_ . ;�rt(nS GAR -080 -LED -E 1 -5 -A -X -M -B K Central Park Commons Decorative - twin Trent Shore - Pulse Mounting Base casting slipfits over a standard 3" O.D. tenon and secured via four stainless steel alien head fasteners. 3G vibration tested. Finish Cast and spun components finished in a five -stage premium TGIC polyester powder coat paint, 2.5 mil nominal thickness for superior protection against fade and wear. Consultthe McGraw - Edison Architectural Calor brochure for a complete selection of standard colors including black, bronze, grey, white, dark platinum, graphite metallic and hartford green. RAL and custom color matches available. Warranty Five-year warranty. This look w/o the decorative cage. 1. nm) GLC (Classical Base) MM2 9-9-2015 GARJGATIGLG GENERATION SERIES LED LED DECORATIVE POST TOP LUMINAIRE EPA Effective Projected Area; (Sq. Ft.) 2.1 SHIPPING DATA Approximate Net Weight: 501be. (23 kgs.) RECEIVED SEP 3 0 2015 Cooper Lighting ADH141707 by E.TaN 2014-07-1413:24:38 GEow top CONFIGURATIONS CAGE TYPE TOP TYPE FINIAL TYPE 1111=01iffid 2a \ju Acorn Nostalgic Architectural Classical (GIOWTop) (SpunTop/Top Access) Itllpl Ipll Modern z � {Spun Tap) Modern Architectural (Spun Top 1 Top Access) Modern Victorian W (GlowTop) Victorian Architectural Classical (SpunTOp) Nostalgic No cage. ORDERING INFORMATION Sample Number: GAR-080-LED-El-3-CXA-BK GARIGATIGLC GENERATION SERIES LED LUMEN TABLE LUMEN MAINTENANCE Correlated TM -21 Lumen Theoretical L70 Total Luminaire Distribution Color Cage Top Lumens Wattage 240,000 Temperature Type Type (Full Brightness) (Nominal) 117,OOC (CCT) Emitting M=Modern M=Modern ostalgic8K Bieck Type III 4000K None Glow 11,060 09W Type IN 4000K None Solid 8,467 99W Type III 4000K Any Glow 7,776 99W Type III 4000K Any Solid 5,778 99W Type 4000K None Glow 10,571 99W Type V 4000K None Solid 9,365 99W TypeV I 4000KAny Glow 7537 99W Tyr, eV 4000K iAny Solid 6,C87 99W LUMEN MAINTENANCE Product Family Ambient TM -21 Lumen Theoretical L70 Temperature Maintenance (Hours) 080 LED 080 Series (36,000 Hours) Drn A Architectural 15"C >93% 240,000 25°C >92% 210,000 40°C >89% 117,OOC Product Family LED Series Lamp Type Voltage Refractor Type Top Type Cage Type Finial Type Color I GAR- corn Base 080 LED 080 Series LE Solid E1 lectronic =Type II! Drn A Architectural -Architectural AP=Grey GAT --Architectural Base State Light (120-27711)5 ype V C --Classical C�lessical M odern t32=8ron2e GLC=Clesaical Base Emitting M=Modern M=Modern ostalgic8K Bieck Diodes V=Victorian cine WVictorian —Dark Platinum N=Nostalgic X=None GN=Hartford Green (Top Access) GM=Graphite Metallic R=Architectural WH=White (Top Access) Options (Add as Suffix) Accessories {Order Separately) A=Twistloek Refractor MA1252=10kV Surge Module Replacement B=Decorative Brass Bending;' GLR-080-E1=080 Series LED Series LED Replacement Module with 120-277V Universal Driver G=Gold Cage and Finial GLR-080-E"L=080 Series LED Series LED Replacement Module with 120-277V Universal Driver and Bi -Level Switching Capable D=Downlight Reflector GLA-080-EVSH=080 Series LED Series LED Replacement Module with 120-277V Universal Driver and Street Side / House Side Switching P --Polycarbonate Refractor Capable R=NEMA Photocontrol Receptacle HA=50"C High Ambient Temperature Rating 2L --Two Circuits SH=Street Side/ House Side Switching NOTES: 1, Other fkdsh colors arallsbla. Including a full the of RAL cebr matches. Consult your Eaton§ Cooper UgMhg business represenlatHe for more Infanretlon. 2. When brass bencing Is chosen, flNal ttnlshed In gold. 8. Not avallabte wNh cage. I RECEIVED SEP 3 013;5 Eaton Eaton's Cooper Llghting Business 1000 Eaton Boulevard 1121 Hplhway 74 South Cooper Lighting r� ■g Cleveland, OH 44122 Neadttree City, GA 30269 Specifications and ADH141707 United States P: 770-486-0800 dimensions subject to by E.T N Eaton.com www.aooperlighbng.com change without notice. 2014-07-1413:24.38 �.. _ o go X �08 -77 . ----'— — - -- . V V[ x N C) O 00 _ C) _: _ 00 o O r %� x� 1 03 a� / �nDD M ` M M z z O Z 0 Z En rn T F FTv m v - -:'--- ro N z z mmm (n oom3 MIM rri xXXC 0000,,-p 7aaa 707CA�O O awNr•� HMO O � z to HIPU 3 Is M P 7a 00 o a INJ a 0 x O 0 O r M n M ;u I RECEIVED SEP 3 A 1015 DRAWN: M. HARVALA 2/18/2015 SOME GEDGRAPHIUL AREAS RAVE 5PECULL WIND CONDFRONS THAT CAN CREATE WIND INDUCED VIBPATIONS CALMNG A PATIGGE PROBLEM. NO METHOD HAS YET BEEN FOLWD FOR CHECKED PREDICITNG DEM" LIGHTING POLE VIBkATION. THESE CONDMONS ARE UNIQUE AND REVISION: DATE: 23171 C ombeck H"- CANNOT BE GUARANTEED AGAT6T, AND ARE THE RESPONSIBILITY OF A LOCAL STM ENGINEER. pip W4Oen,k➢480$i TITLE: o APPROVED: $ P, JSUJ 774-6105 F: (%61774-M Central Park Commons QUOTE: . wwwgenerotnm,wl nc.Wn CATALOG: Type MM2 pole -Twin S.O.# REF: SCALE; NONE Dom' h0' CPS -4 -4011 -16 -W -T3 s1ze: C SHEET 1 OF i Central Park Commons Type MM2 twin arm Description The BR05 Series brackets feature a strong yet lightweight design for ease of installation. The series can accommodate a wide variety of fixtures. The two light bracket can be used on poles with a 3" 01) shaft. Installation The crossarm will slip fit a 3" 00 post top tenon and attach with two rows of 5/16" dia. set screws. Set screws will be cone pointed and stainless steel. Crossarm and wall bracket are equipped with 3" O.D. tenons for luminaire mounting. The wall bracket is constructed of corrosion resistant cast aluminum (A319 Alloy). It has a nominal 3' 00 tenon for luminaire mounting, and four holes in the back plate for mounting to the wall. (Wali mounting hardware is not included, due to the wide variety of backing materials. Customer should determine the appropriate anchoring hardware based on the wall material.) Finish The bracket will be finished with a premium quality thermoset polyester powdercoat for a durable finish. Standard solid colors are: GRN - Green CLO - Classic Bronze BLK - =Black Ordering Guide Premium finishes are: GTG - Granite Green ATC - Antique Copper WHT- White Part Number �- 2BR05 - BILK Finish ; RECEIVED SEP 3 0 2015 M 26" 14" C.: - � 12BR05 - BLK 11 rt 1/2" WBH05 �i 1 518" 4BRO5 Slip fits 3" OD tenon LU CL F Z LU C� C w LU 0, Y v_ m wQ Z �Q � z Z w O CL Ln J J O �- LL LU W Z LY Lu a L7 LU Ll Q�w fleZ a� Z LU Ln �c yw Lu a O� U�� oUU a�Of fFAR LW V) Q 3 z a hw O a M O NZ 0 a zx W w a CO Lu ❑ LL Z Q Q LU fy afe O Z z �CL CL V) Lu LuU F- a Qa 0� LU W ❑ LY FA a U w cz O z LUa LU z 4 CL Ci Z H LU N 0 Z LCL LU a V z LU V, w zU UCL LU wL o� O u Am EXHIBIT G U a lz m O z N Z E Q _ w U O z LL m Z g u 1 Q w J m �[ O as 2 ro A. I� 6L�u u \ EJJ ... ouobti • r Lu 57 L wy U Q �- x LU U (D z LO 7 a z O U LU O N Z LUL LY LL' J Z LL LY w LL z J ¢ p � N U0 } O0 �z = m LI�.J Z c1 LU O w L; 00 ZC m N W F z a AMENITIES PLAN Vo Ua c� cu y �e LL - V LY Q Q O ¢aLI Z� O < LU L2 Z Z� LH LL:CC J z¢ m Z U w O c z U oC J LiLLI Qa CD m ALJ FSU i Q V o�a U O� O uy CCa � L3 U C) d Z U LU LU W UiJ LLU Q 0 za Q Z p- a° v Z CD CD LL7 cm C CD LL a c� cu y �e LL - V LY Q Q pN S ¢aLI Z� O < LU L2 Z Z� U H Q m Z U w O V LU z U oC J LiLLI Qa J = Q~ m ALJ FSU i Q V o�a LLI� W V O� O CCa � L3 0 W C) d Z U LU LU W UiJ LLU Q 0 21 Z I CC QD r Ix m N IL F Cz G a A L Q� cu ME 0 N iS d Ci m Lid LL in LLi 17 z 0 o C) J Z C) C7}S F 2: d d: Z � ZCL s: d LLJ 5 U N Agenda Information Memo April 19, 2016, Eagan City Council Meeting CONSENT AGENDA K. Approve Final Planned Development for Lot 2, Block 1, Central Park Commons 3rd Addition — CSM Corporation Action To Be Considered: To approve a Final Planned Development for a free-standing building containing a restaurant and drive-through service upon Lot 2, Block 1, Central Park Commons 3rd Addition, located northwest of Yankee Doodle Road and Pilot Knob Road. Facts: ➢ The Preliminary Subdivision and Preliminary Planned Development for Central Park Commons were approved by the City on February 3, 2015. ➢ The preliminary development approval consisted of a multiple building commercial development containing retail, service, restaurant, and office uses upon approximately 47 acres located on the northwest corner of Pilot Knob and Yankee Doodle Roads. ➢ This phase of development consists of a 2,600 s.f. free-standing building for a coffee shop and bagel restaurant, with drive-through service. ➢ The final development plans have been reviewed by staff and are substantially consistent with the preliminary approvals. ➢ All documents and agreements are anticipated to be in order for execution at the City Council meeting on April 19, 2016. Issues: None Attachments: (2) CK -1 Location Map CK -2 Final PD Agreement (forthcoming, to be posted prior to Council meeting) <1Z Iw i z f� \ 1 3MVOY3W:> C r^� 3AV MHVWN30 t m ovoas o 3AVM8VWN30 (�O -,...�•�'" 3AV AWVYN30 I 3AV ID O� cu y w pry p 1N�o 10 a JH�y liJl100 NVW013HS )J ❑ W C'OR'M U �4 5 ~ (D t6 co 3AMG iVa3p3JI AfACMM09=1 a) mago EEi.N ®� W Z ES D W 13 �glp® CL o �_L m � �CtStr� ® �� N v - U) 0 =m 0 E N O 0 U 'J = w aQV o ■O *MN a m `V V M ❑Q � V a O C 0 o M J Z u �0 N Z M .� o aw a U <1Z Iw i z f� \ 1 3MVOY3W:> C r^� 3AV MHVWN30 t m ovoas o 3AVM8VWN30 (�O -,...�•�'" 3AV AWVYN30 I 3AV ID O� cu y w pry p 1N�o 10 a JH�y liJl100 NVW013HS )J ❑ W C'OR'M U �4 5 ~ (D t6 co 3AMG iVa3p3JI AfACMM09=1 a) mago EEi.N ®� W Z ES D W 13 �glp® CL o �_L m � �CtStr� ® �� N FINAL PLANNED DEVELOPMENT AGREEMENT LOT 2, BLOCK 1, CENTRAL PARK COMMONS 3 r ADDITION This Final Planned Development Agreement ("hereinafter "Agreement") is made effective as of the day of 2016, by and between the City of Eagan (hereinafter the "City"), a Minnesota municipal corporation, and Central Park Commons, L.L.C., a Delaware limited liability company (hereinafter "Owner/Developer). The City, Owner and Developer are hereinafter collectively known as the "Parties." WHEREAS, the City Council of the City of Eagan is the official governing body of the City; and WHEREAS, the Owner is the fee owner of Lot 2, Block 1, Central Park Commons 3d Addition (the "Property"); and WHEREAS, the use and development of the Property is governed by a Preliminary Planned Development Agreement dated February 3, 2015, and recorded June 9, 2015 as document 3071577 (the "Development Agreement"); and WHEREAS, the Developer submitted an application for a 2,602 s.f commercial retail building, including upon the Property (the "Development Proposal"); and WHEREAS, the Development Proposal and plans attached hereto (Exhibits B — G) are found to be in conformance with the Development Agreement, and the Parties hereby acknowledge that this Agreement and the attached exhibits constitute the Final Planned Development for the Property. NOW, THEREFORE, it is hereby agreed to and between the Parties as follows: 1. This Agreement applies only to the Property and replaces and supersedes the Development Agreement for the Property. 2. This Agreement includes specific conditions to the Property as set forth in Exhibit A attached hereto. 3. The use and development of the Property shall be in conformance with the following plans (the Development Plans) attached hereto as Exhibits B -G. (A full size copy of these exhibits shall be on file with the City's Community Development Department.) Exhibit B — Final Site Plan dated 03-31-16 Exhibit C — Final Building Elevation and Trash Enclosure Plans dated 03-30-16 and 04-12-16 Exhibit D — Final Landscape Plan dated 03-31-16 Exhibit E — Final Signage Plan dated 09-28-15 Exhibit F — Final Site Lighting Plan dated 03-31-16 Exhibit G — Final Amenities Plan dated 02-01-16 4. This Agreement shall run with the Property until terminated and shall be binding upon the successors and assigns of the Owner. 5. This Agreement shall expire two (2) years from the date of execution unless prior to such date, the City has issued a Certificate of Occupancy for the improvements to be constructed in accordance with the Development Plans. In the event this Agreement expires, the City may at its sole option, initiate an amendment to its Comprehensive Guide Plan and rezone the Property in accordance with Minnesota statutes and the City Code. In the event the City rezones the Property, this Agreement shall automatically terminate upon the effective date of the rezoning. 6. This Agreement may be modified, amended or supplemented solely in compliance with City ordinances, rules and regulations. Notwithstanding, any changes to the Development Plans that are not substantive may be approved administratively by City staff. Substantive modification to the Development Plans requires an amendment to this Agreement. 7. All site improvements including lighting, signage, landscaping, and paved surfaces, shall be maintained in good repair. 2 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first above written. CITY OF EAGAN, a Minnesota Municipal Corporation BY: Mike Maguire Its: Mayor BY: Christina M. Scipioni Its: Clerk APPROVED AS TO FORM: City Attorney STATE OF MINNESOTA) )ss COUNTY OF DAKOTA ) On this day of APPROVED AS TO CONTENT: City Planner 2016 before me a Notary Public within and for said County personally appeared Mike Maguire and Christina M. Scipioni to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed in behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public 3 Final Planned Development Agreement Signature Page for the Owner/ Developer CENTRAL PARK COMMONS, L.L.C., a Delaware limited liability company Its: STATE OF MINNESOTA ) ) ss COUNTY OF The foregoing instrument was acknowledged before me this day of 2016, by th� of Central Park Commons, L.L.C., a Delaware limited liability company, on behalf of the limited liability company. THIS INSTRUMENT WAS DRAFTED BY: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952)953-8847 (RBB) In Notary Public EXHIBIT A 1. A Final Planned Development Agreement shall be required for each lot as it develops. The following plans are required for the Final Planned Development Agreement and shall be consistent with the approved master plans for the Preliminary Planned Development. • Final Site Plan • Final Building Elevations • Final Landscape Plan • Final Signage Plan • Final Lighting Plan • Final Amenities Plan 2. The property shall be platted. 3. A Master Association shall be created, or a similar maintenance requirements through an ROEA, in a form acceptable to the City Attorney, for the maintenance of the amenities and shared easement areas in the development. (Satisfied) 4. Ingress -egress easements shall be provided to ensure all parcels have access to a public street. Such easements shall be in a form acceptable to the City Attorney. (Satisfied) 5. All buildings shall present an attractive appearance on all sides with similar architectural features and materials as the front/entry sides of the buildings. 6. All outdoor dining areas shall be designed and operated consistent with City Code standards. For each outdoor dining area, a detailed patio seating plan should be provided at the time of Final Planned Development. Outdoor patio dining should meet City Code requirements of Sec. 11.70, Subd. 29, with the exception that parking is considered satisfied. If a patio is within 20 feet of an internal street, bollards to prevent vehicle penetration are acceptable with appropriate sidewalk connection. 7. At the time of application for any on -sale liquor license, the developer shall verify that the licensed premises satisfies the special use setback. 8. Operation and maintenance of the seasonal outdoor sales area, as well as any associated signage, shall be subject to compliance with City Code standards. (Not applicable to this lot.) 9. Detached trash enclosures shall be located as identified on the approved Site Plan, and shall meet the design standards in the City Code, and be constructed of the same finish materials as the principal buildings. 10. All rooftop mechanical equipment shall be depicted on final drawings for Building Permit and compliance with screening standards verified at that time. 11. Cart corrals shall be shown on the Final Site Plan. Cart corrals shall be a permanent installation, and no signage shall be placed on the corrals. All shopping carts shall be collected each day and stored within a building overnight. A storage area for carts shall be provided within the buildings for that purpose. 12. The Final Landscape Plan shall have amended specifications to include a note that the root ball be set flush with grade with the root flare visible 1-2" above grade. Additionally, the plan shall note mulch shall not be in contact with the trunk of the tree. (Satisfied) 13. All landscaped areas shall be provided with automatic irrigation in compliance with City Code requirements. 14. A financial guaranty for landscaping and tree mitigation shall be provided at the time of Final Subdivision, in accordance with City Code provisions. (Satisfied) 15. A blue or other industry standard recycling receptacle shall be placed directly next to all trash receptacles in the common areas of the development. Uniform labels on receptacles and lids will indicate recycling or trash and will specifically identify the types of items accepted in each container. 16. Pedestrian crossings of drive lanes shall be visually and texturally offset through use of a different pavement material. 17. Storage of commercial vehicles integral to the principal use of the property shall be subject to City Code standards, and the designated parking stalls shall be identified on the Site Plan at the time of Final Planned Development. 18. A cohesive consistent design shall be provided for all free-standing signs. 19. On free-standing signs, including the Project Sign -Marquee, tenant panels shall be of same construction design consisting of metal panels backlit with translucent graphics. 24. To establish sign placement, size and design parameters for the development, a Master Signage Agreement shall be provided, with the first Final Planned Development, and identify tenants that will be served by each pylon and/or monument sign. This Master Signage Agreement shall be in a form acceptable to the City Attorney, to be executed and recorded against the property. (Satisfied) 21. Except for the Project Sign -Marquee, all monument and pylon signs shall be center identification signs consistent with the design as reflected in the Preliminary Planned Development, with the location depicted on the Master Sign Plan/Agreement. The dimensions of the monuments sign shall be as depicted on the Sign Plan. 22. A final design with a sign panel and indication of overall height shall be provided for the Gateway sign in the northwest corner of the site. (Not applicable to this lot.) 23. Easements shall be dedicated to make certain that the monument improvements are maintained at an appropriate level consistent with the City's established monumentation on Central Parkway. The developer shall enter into an encroachment agreement, in a form acceptable to the city attorney, to allow for the placement of these monuments within the public right-of-way. (Satisfied) 24. A final design plan for the Project Sign -Marquee indicating sign face size and setback location shall be submitted for approval with the first Final Planned Development. Tenant sign identification on the marquee pylon shall be in two complementary earth tone colors, with the tenant's choice of font and letter style. All signs on the structure shall be the same construction design consisting of metal panels backlit with translucent graphics. (Satisfied) 25. A final design plan for the monument identification sign at the southwest corner of the site (Monument #5) and for the Entry monument sign at the southeast corner of the site (low Entry monument by Project Sign -Marquee) shall be submitted for approval, and their location and setbacks clearly indicated on the Final Site Plan. (Not applicable to this lot.) 26. All building signage shall be mounted to the building wall within the designated sign band, and placement of signs atop a canopy shall not be permitted. 27. All building signage shall be consistent in design, while accommodating the unique identifiers of individual tenants including colors, script and logos. 28. Building architecture shall be considered prior to sign placement so that sign placement is in keeping with the architectural features of the building. 29. Wall signs within the "Village" area shall not exceed 36" height. 30. Signs displaying message or products shall be subject to City Sign Code standards. 31. Final signage plans shall be provided for all buildings at the time of Final Planned Development. a. Building sign size shall be subject to City Code standards. Endcap tenants in multi -tenant buildings may be allowed signage on up to three elevations, and interior tenants on up to two elevations. Single occupant buildings may be allowed signage on up to three elevations. The sign construction type shall be consistent with other building signage throughout the development. 32. Details on the design and placement of directional signs shall be provided with the Final Planned Development. The directional sign structures shall be located so as not to interfere with visibility, vehicular or pedestrian circulation or snow storage. 33. Building elevations shall be submitted for all buildings at the time of Final Planned Development. Buildings for which Preliminary Elevations were not provided shall utilize the same palette of materials and consistent architectural features presented in the Preliminary Schematic Building Elevations. 34. The building sections identified as "tenant trade dress" or similar, shall satisfy City Code standards for quality finish materials, such that the required materials ratios are upheld. Details of the "tenant trade dress" features shall be provided at the time of Final Planned Development for staff review and acceptance. 35. All mechanical equipment, both roof and ground mounted, shall be screened in accordance with City Code standards. All equipment and proposed screening shall be shown and identified on the Final Building Elevations and/or Site Plan drawings at the time of Final Planned Development. 36. All screen walls shall fully screen the truck dock and service areas, and be of a length and height to fully screen any trucks and trailers parked at the docks. 37. New plantings shall be coordinated with existing trees along Central Parkway, subject to approval of the City Forester. (Not applicable to this lot.) 38. Landscaping shall be enhanced along the south side of the development to provide an attractive streetscape and frame views into the site, subject to approval by the City Forester. (Not applicable to this lot.) 39. The developer shall fulfill tree mitigation requirements through the installation of one -hundred seventy-four (174) Category A trees (>= 4" caliper deciduous trees or >=12' height coniferous trees). (These numbers are for the entire Central Park Commons development.) 40. The two Swamp White Oak tree species, which are proposed to be installed in the portion of Central Parkway median that is proposed to be closed off, just north of Quarry Road, shall be revised to Autumn Blaze Red Maple (Acer x freemanii `Jeffersred) on the Final Tree Mitigation Plan. (Not applicable to this lot.) 41. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. Also, all personnel responsible for the installation of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control Inspector/Installer certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 42. The developer shall be responsible to relocate the existing storm sewer the pipe along the northern edge of the site to an alignment acceptable to the City Engineer, and maintain public drainage & utility easement over the existing storm sewer pipe until the relocation is complete. 43. The developer shall be responsible to relocate the existing 10" public trunk water main to an alignment acceptable to the City Engineer. 44. A 20' wide minimum drainage and utility easement, centered on the alignment of the future water main, shall be dedicated with this development. 45. This development shall be required to dedicate an outlot of sufficient size, in a location that meets all Minnesota Department of Health setback requirements for Community Public Water -Supply Wells, public easement and access for the construction and perpetual maintenance of planned above grade City well and transmission line pipes, and conduit for well communications, in accordance with Water Supply & Distribution Plan and City Public Works design standards. The alignment and construction of the raw water transmission lines shall avoid the development's proposed storm water underground infiltration and ponding features, and other utilities. A 20' wide minimum drainage and utility easement, centered on the alignment of the future raw water main, and a drainage and utility easement for the well house conduit that is either 5' wide if provided adjacent to the water main easement, or 10' wide if provided elsewhere, shall be dedicated with this development. (Satisfied) 46. The developer shall provide private utility easements and/or maintenance agreements for these proposed private sewer and water lines and future utility lines within the development, in a form acceptable to the City Attorney, at time of final subdivision approval. (Satisfied) 47. The plat shall be revised to eliminate drainage and utility easements over all stormwater ponds. (Not applicable to this lot.) 48. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 49. The developer shall provide a plan to be approved by staff including development - owned vault(s) at an entry point(s) to the premises and a conduit system to provide fiber optic to all buildings in the development. The conduit system shall utilize a multi -partitioned inner duct system, or other comparable means, to accommodate multiple fiber optic service providers in the future. The conduit to the well house can be a single duct. 50. The developer shall provide private maintenance agreements for the private streets, in a form acceptable to the City Attorney, at time of Final Subdivision approval. (Satisfied) 51. "No Parking/Fire lane" signage shall be installed along the private streets and medians within the development to ensure they be kept open for emergency vehicle access. The developer shall provide a plan to be approved by the Fire Department that includes "No Parking/Fire Lane" areas and any possible fire department pull offs. 52. Cross -easements for ingress/egress and shared parking shall be executed in a form acceptable to the City Attorney. (Satisfied) 53. This development shall be responsible for removing the existing driveway entrances not utilized on Central Parkway, installing the associated curb and landscaped medians to close the existing median openings on Central Parkway, and removing the temporary bituminous median on the south end of Central Parkway and replacing it with a permanent concrete median. 54. The development shall be responsible for all driveway and turn lane improvement costs associated with this site. 55. The developer shall obtain all necessary permits from Dakota County for any work within the Pilot Knob Road or Yankee Doodle Road right-of-way. 56. The development shall dedicate additional public right-of-way along Pilot Knob Road (CSAR 31) for fixture upgrade needs of the roadway, and as determined by Dakota County. (Not applicable to this phase of development.) 57. The plat shall be revised to dedicate sufficient public right-of-way for a potential future one -lane roundabout at the intersection of Central Parkway and Quarry Road. (Not applicable to this lot.) 58. The developer shall enter into a trail easement agreement, in a form acceptable to the City Attorney to provide public right-of-way or trail easement of sufficient size for any public trails constructed outside the current right-of-way limits. 59. This development shall meet the City's Post Construction Requirements (City Code §4.33) for stormwater management and surface water quality, including Runoff Rate Control, Total Phosphorus (TP) & Total Suspended Solids (TSS) Control, and 1/2" Volume Control on the site's impervious surface area. 60. Prior to receiving city approval to permit land disturbing activity, the developer shall provide the City with soil boring logs from a minimum of four soil -borings from the proposed infiltration area, extending a minimum of 10' below the bottom of the proposed infiltration feature, to evaluate and ensure suitability for infiltration. If the soil boring logs indicate incompatibility of existing sub -soil permeability with the submitted and reviewed design plans for meeting volume control requirements, the developer shall revise the design and/or construction plans to ensure volume control requirements are fully met. (Satisfied) 61. Prior to receiving city approval to permit land disturbing activity, the property owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the maintenance required to maintain proper operation and performance of the permanent stormwater management system, in a form acceptable to the City Attorney. (Satisfied) 62. Prior to receiving city approval to permit land disturbing activity, the developer shall provide construction details of proposed sub -surface infiltration practice for City review (cross-sections, construction sequencing/protection, sizing/volume tables, details for inlets, proper venting, maintenance access, etc.), to ensure sub -surface infiltration practice is properly designed and constructed, and adequately protected during / after construction, to function as intended. These details shall be included in applicable plan sheet(s). (Satisfied) 63. During sub -surface infiltration practice over -excavation and sub -soil work, before and during pea -rock backfilling and perforated pipe placement, the developer shall ensure that a Certified Soil Scientist will be present to verify and document that infiltration practice area sub -soils are suitable for a saturated condition infiltration rate of 0.7 - inch per hour or greater. If the sub -soil infiltration rates are less than 0.7 -inch per hour, on which the sub -surface infiltration practice was sized, the developer shall immediately notify the City Engineer and revise the volume control project to ensure volume control requirements are fully met. 64. Before the city issues a Certificate of Occupancy on the development site, the developer shall provide the City Engineer as -built plans that demonstrate that all constructer) stormwater conveyance structures and management facilities (ponds and sub -surface infiltration practice) conform to design and/or construction plans, as approved by the City. As -built volumes (for detention and retention) shall be provided for the ponds and sub -surface infiltration practice. The developer shall submit to the City Engineer certification that the stormwater management facilities have been installed in accord with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. 65. Park dedication shall be through cash dedication. The amount shall be determined by the retail square footage reflected in the approved plan and recognizing a past dedication credit of 37.5%, to be satisfied through a cash payment at the time of Final Subdivision at the rates then in effect. (Satisfied) 66. Trails dedication shall be satisfied through installation of a trail system along Central Parkway adjacent to the development site, to the satisfaction of the City. 11-1 n — Xi\2011\110035\ i_ sheets%F[—1 PO Buildln W\i10035sEt.A. 12 2016 - 364 n EXHIBIT B 14 SITE PLAN N Q 2 p a1 ` ;AN -11,111 CENTRAL PARK COMMONS - BUILDING W111H11.1a9 F 1 SS PILOT CN06 ROAD 3 YANKEE bOOpLE ROAD SCgMuurmrtooss`=- 1;[ E.N. INNESOIA FENAL PLANNED DEVELOPMENT SITE PLAN � %11 11m A �§|V fill /§� | � i � F � YM 4OCM1a161 F �. 11114 LLMAl�t € 1^ WiX LCMA[ip • 5 yy r� tr pg ti of flZ%t �1E E � Y jai Ht § ja I L 9 1F1� i� ti E� m Ky n D< I gif 1,11111111111 will MR9 11 a P qpIp-1 ag R. ?m Rid gy I� � � $ M IC) "la rn N ro$ r C 44 [ a trawiNEQIAIM35L.. sheets\f— tl 1-\110033w,dA. Mer 2 6 - 11,06en al R1 Y f� IP 'RIP psi "! PRh -� g! RIP W g� Q€9ag R 9i CENTRAL PARK COMMONS - BUILDING W ■+. 555 PILOT KNOB RDAG R -11KEE 5000LE READ RR A i EGAN. MINNESOTA 1"! ! r CSM LL = > S I-,! FINAL PLANNED DEVELOPMENT Z ■ E -} LANDSCAPE NOTES e g e E-■ y-■ r s■ - e. s a- n P a P a BI■ a■ a e■ a ■� n ¢ E P a 5■ a - p E L1 n F -. a- e- ■. a r i a s ti■ e .. ! E e E 9 9 C it a;g 0 F it a a; 3 ■ e i i i R a G F &F IF Y a F F +iii Q R R Pa FIR 5 Q � EC � Q � � � R `s 'F i R i � € � � € € 8 � '� h ! 1a� ■ f- � � � r� � '. pp`F .''< R $x � g� g� I .,. 9i CENTRAL PARK COMMONS - BUILDING W ■+. 555 PILOT KNOB RDAG R -11KEE 5000LE READ RR A i EGAN. MINNESOTA 1"! ! r CSM LL = > S I-,! FINAL PLANNED DEVELOPMENT Z ■ E -} LANDSCAPE NOTES EXHIBIT E (Final Signage Plan) Signage is subject to the terms of the Central Park Commons Master Signage Agreement dated October 6, 2015 which includes the Signage Location and Graphics and Uniform Signage Design standards dated September 28, 2015. Drnrh n nes %\2011.II0035\ lun sheet�.Finnl P➢ Bulldln W\1L0035 oto,. A 12. 2015 EXH I BIT F C 13 y IVF N A tum nk r,k N '[�sr1,Fo r a r 71T m s SITE LIGHTINU o"r v Ad Y i.- iris. 3 CENTRAL PARK COMMONS - BUILDING W d i g =pF 11. KNOB ROAD & YANKEE OOOD:E ROAD r s € jjj 1• EGM. MINNESOTA G`�'M .L S c I `r co e aaa-7 -g EGi.G�xa.9n O �` a I ac FINAL PLANNED DEVELOPMENT" 2 a t _g ' PHOTOMETRIC PLAN i n 177 C 13 SITE LIGHTINU o"r v Ad Y i.- iris. 3 CENTRAL PARK COMMONS - BUILDING W d i g =pF 11. KNOB ROAD & YANKEE OOOD:E ROAD r s € jjj 1• EGM. MINNESOTA G`�'M .L S c I `r co e aaa-7 -g EGi.G�xa.9n O �` a I ac FINAL PLANNED DEVELOPMENT" 2 a t _g ' PHOTOMETRIC PLAN i CATALOG NO. TYPE NO. JOS NAME LytePro32 Architectural LED Wall Sconce ORDERING INFORMATION Catalog Number: Example: LP32T LP 32 SERI@S1 COLOR LP- T- Titanium LytePro32 5¢E W. We Architectural P- Bronze LED Wall 32- Hi -Lumen Sconce ' LEDs ACCESORIES PCB 1- Button -type photocontrol, 2-118" x 1" x 314 318" NPS threaded nipple for use in boxes, fttings and other protective enclosures.' TECHNICAL INFORMATION PHOTOMETRIC DATA 4.6' 12" 93 1.4" * T O% �D Horizontal Footcandles Delivered Lumens = 5,840 2.5" Mounting Height = 18.00 Ft O I Maximum Calculated Value = 2.28 Fc A = 0.43°' Amfi- DESIGN116NTS CONSORTIUM ® 2013 Koninklijke Philips Electronics N.V. All rights reserved. Specificadons are subject to change without notice. www,philips.com/luminaires 05113 i PRODUCT SPECIFICATIONS • Provides safety and security in residential and commercial applications in locations such as entrances, over garages, wall signs and locattions along perimeters and pathways. Requires only 71 system watts for environmentl)4Hendly operation. Thirty-two high -output LED's offer lumen maintenance; L70 54,000 hrs at 40° C ambient • Patented Philips LED Optical System individually controls the placement of light in the target area • Type III distribution with shielded optics collects and redirects light to optimize performance. • 4DDOK neutral color temperature delvers maximum light with high ef6cierocy. • Functions in environments with tem tuns that range from -3DPC to 40°C • Housing constructed of heavy die cast aluminum, integra) heat sink • Corrosion resistant Duraplex it polyestier powder coated finish available in white, bronze and titanium • Glass lens is fishy sealed to keep out water insets and dust, • Electronic Class 1 LED driver accepts 120-277v, 50/601-lz input (constant current) • Integral cast aluminum heat sink ensures cool operation. • Complete with integral splice chamber. • Built-in bubble level for accuracy, • Universal mounting plate with hook and lock mounting. • Optional field installed PCB1 photocontrol for automatic afi night fighting. • 5,840 delivered lumens • IES Type Ill CRl 73 Efficacy. 82 LPW • ETL tested suitable for wet location 5 year limited warranty* • Design Lights Consortium qualified RECEIVED SEP 3 0 -2011Z PHILIPS Room DESCRIPTION The patented Lumark Crosstourl LED Wall Pack Series of luminaries provides an architectural style with super bright, energy efficient LEDs. The tow -profile, rugged die-cast aluminum construction, universal back box, stainless steel hardware along with a sealed and gasketed optical compartment make the Crosstour impervious to contaminants. The Crosstour wall luminaire is ideal forwall/surface, inverted mount for fagade/canopy illumination, post/bollard, site fighting, floodlight and low level pathway illumination including stairs. Typical applications include build€ng entrances, multi -use facilities, apartment buildings, institutions, schools, stairways and loading docks test SPECIFICATION FEATURES Construction Slim, low -profile LED design with rugged one-piece, die-cast aluminum hinged removable door and back box. Matching housing styes incorporate both a small and large design. The small housing is available in 7W and 18W. The large housing is available in the 26W model. Patent pending secure lock hinge feature allows for safe and easy tool -less electrical connections with the supplied push -in connectors. Back box includes three (3) half-inch, NPT threaded conduit entry points. The universal back box supports both the small and large forms and mounts to standard 3-1/2" to 4" round and octagonal, 4" square, single gang and masonry junction boxes. Keyhole gasket allows , for adaptation to junction box or wall. External fin design extracts heat from the fixture surface. One- piece silicone gasket seals door and back box. Minimum 5" wide pole for site lighting application. Not recommended for car wash applications. DIMENSIONS Optical Silicone sealed optical LED chamber incorporates a custom engineered mirrored anodized reflector providing high -efficiency illumination. Optical assembly includes impact -resistant tempered glass and meets IESNA requirements for full cutoff compliance. Solid state LED Crosstour luminaries are thermally optimized with five (5) lumen packages in cool 5000K or neutral warm 3500K LED color temperature (CCT). Electrical LED driver is mounted to the die-cast housing for optimal heat sinking. LED thermal management system incorporates both conduction and natural convection to transfer heat rapidly away from the LED source. 7W models operate in -40°C to 40aC 1-40aF to 1041F]. 18W and 26W models operate in -40°C to 40aC [-40aF to 104aF]. High ambient 50°C models available. Crosstour luminaires maintain greater than 90% of initial - 7W& 18W � 7W & 18W - 53/4" [146mm] 3-6/8" [92mml 26W 26W 6-516" [168mmI 4" 002mm] ESCUTCHEON PLATES Lumark light output after 72,000 hours of operation. Three (3) half-inch NPT threaded conduit entry points allow for thru-branch wiring. Back box is an authorized electrical wiring compartment, Integral LED electronic driver incorporates surge protection. 120-277V 50/60Hz or 347V 60Hz models. Finish Crosstour is protected with a Super durable TGIC carbon bronze or summit white polyester powder coat paint. Super durable TGIC powder coat paint finishes withstand extreme climate conditions while providing optimal color and gloss retention of the installed life. Warranty Five-year warranty. I� 17-1/211[445mmi a L 10" [254mml XTOR CROSSTOUR LED APPLICATIONS: WALL/SURFACE POST / BOLLARD LOW LEVEL FLOODLIGHT INVERTED SITE LIGHTING CERTIFICATION DATA UL/cUL Wet Location Listed LM79 / LM80 Compliant ROHS Compliant ADA Compliant NOM Compliant Models IP661ngressed Protection Aated Title 24 Compliant DesignLights Consortium® Oual:6ed" TECHNICAL DATA 40°C Maximum Ambient Temperature External Supply Wiring 90°C Minimum EPA Effective Projected Area (Sq. Ft.i: XTORIA/XrOR2A-0.34 XTORSA-0.45 I a a � I �f SHIPPING DATA: L— 10" [254mm1 it Approximate Net Weight: 3.7 — 5.25 lbs. [1.7 — 2.4 kgs.] F IInn RECEIVED SEP 3 Q 2015 ATere Pawenng8vsA*sst4$s'kAM& "v,ww.desi g nl ig hts.org T0514013EN 2015-05-29 11:34:51 Eldissam The Galleon Ta LED luminaire delivers exceptional performance in a highly scalable, low -profile design. Patented, high -efficiency Accu LED Optics1A° system provides uniform and energy conscious illumination to walkways, parking lots, roadways, building areas and security lighting applications. IP66 rated. SPECIFICATION FEATURES Construction Extruded aluminum driver enclosure thermaliy isolated from Light Squares for optimal thermal performance. Meavy -wall, die- cast aluminum end caps enclose housing and die-cast aluminum heat sinks. A unique, patent pending interlocking housing and heat sink provides scalability with superior structural rigidity. 3G vibration tested. Optional tool - less hardware ava)iable for ease of entry into electrical chamber. Housing is IP66 rated. Optics Choice of 16 patented, high - efficiency Accu LED Optics. The optics are precisely designed to shape the distribution maximizing efficiency and application spacing. AccuLED Optics create consistent distributions with the scalability to meet customized application requirements. Offered standard in 4000K (+/- 275K) CCT and minimum 70 CRI. Optional 6000K CGT and 3000K CCT. For the ultimate level of spill 111ght control, an optional house side shield accessory can be fiefd or factory installed. The DIMENSIONS house side shield is designed to seamlessly integrate with the SL2, SL3, SL4 or AFL optics. Electrical LED drivers are mounted to removable tray assembly for ease of maintenance. 120-277V 50/60Hz, 347V 60Hz or 480V 60Hz operation. 480V is compatible for use with 480V Wye systems only. Standard with 0-10V dimming. Shipped standard with Eaton proprietary circuit module designed to withstand 10kV of transient line surge. The Galleon LED luminaire is suitable for operation in -40*C to 40*C ambient environments. For applications with ambient temperatures exceeding 40°C, specify the HA (High Ambient) option. Light Squares are IP66 rated. Greater than 90% lumen maintenance expected at 60,000 hours. Available in standard 1A drive current and optional 530mA and 700mA drive currents. Mounting Extruded aluminum arm includes internal bolt guides allowing for easy positioning of fixture during McGraw -Edison GLEON-AE-10-LED-E 1 -T3 -BZ Central Park Commons i Main parking lotsi Trent Shore - Pulse 9-9-2015 assembly. Designed for pole or wail mounting. When mounting two or more luminaires at 900 or 120° apart, the EA extended arm may be required. Refer to the arm mounting requirement table on page 3. Round pole top adapter included. For wall mounting, specify wall mount bracket option. 3G vibration rated. Finish Housing finished in super durable TGIC polyester powder coat paint, 2.5 mil nominal thickness for superior protection against fade and wear. Heat sink is powder coated black. Standard colors include black, bronze, grey, white, dark platinum and graphite metallic. HAL and custom color matches available. Consult the McGraw -Edison Architectural Colors brochure for the complete selection. Warranty Five-year warranty. POLE MOUNT 3-15116" [100mm] J "A" I 21-314". I553mm) W/�LL MOUNT (` 6-3n 6- J 1157mm) DIMENSION DATA Number or Light Squares "A" Width "B" Standard Arm Length "B" Optional Arm Length' Weight with Arm Qbs.) EPA with Arm • (Sq. F'..) 1-4 15-1/2' (394mm) 7' (f78mm) 10' (254mm) 33 (15.0 kgs.) 0.96 5-6 21-M' (549mrn) 7" (178mm) 10" C254rnm) 44 (20.0 kgs.) 1.00 7.8 27-518' (702mm) 7" (178mm) 13' (330mm) 54 (24.5 kgs.) 1.07 9.10 33-3/4' (857mm) 7- (178mm) 16' (406mm) 63 (28.6 kgs.) 1.12 N6res: 1 Extended arm option may be required wA left mounting two or mote fixtures per pole at 90' or 120°. Refer to arm mounting requirement tab;o.2 EPA calculated with optional am length. }V E�� D Powerfng Rusiaess N4an'dt&8 Mwww.designlights.org GLEON GALLEON LED 1-10 Light Squares Solid State LED AREA/SITE LUMINAIRE V_71 17-T PLC- CERTIFICATION LC CERTIFICATION DATA ULJcUL Wet Location Listed ISO 9001 LM79I LM80 Compliant 313 Vibration Rated IP66 Rated DesignLights Consortium® Qualified* ENERGY DATA Electronic LED Driver X0.9 Power Factor <20% Total Harmonic Distortion 120V -277V 50160Hz 347V & 480V 60Hz -40°C Min. Temperature 40°C Max. Temperature 50'C Max. Temperature (HA Option) 4 WillTD500020EN %WRop— 2015-06-0413:56:33 OPTIC ORIENTATION Street Side Street Side House Side Street S:de House Sade QLEON GALLEON LED DRILLING PATTERN TYPE "N" 90' Apart ,===F-314' Di [19mm] Diameter 7' Atm 2" Hole [51 mm) (Standard) 718" r22mml 7' Arm " -314m1 [44m1 (3tandard) f2) 9116` [14mm] 7" Arm Diameter Holes Standard Optics Rotated Left @ 90' [1.901 Optics Rotated Right @ 9o° [R901 OPTICAL DISTRIBUTIONS K� Asymmetric Area Distributions T2 SL2 T3 SL3 T4Fr T4W SLA (Type II) (Type II with Spill Control) (Type Ill) (Type III with Spill Control) (Type IV Forward Throw) (Type IV Wide) (Type IV with Spill Control) I rF --I F I I Asymmetric Roadway Distributions RW T2R T3R (Rectangular WideType q (Type II Roadway) (Type III Roadway) ARM MOUNTING REQUIREMENTS Symmerttic D•rstributlons SNQ 5MQ 5WQ (TypeV Square Marrow) (TypeV Square Medium) (TypeV Square Wide) F --I F __�L —J L_JI Specialized Distributions AFL SILL SLR (Automotive Frontline) (9(r Spill Light Eliminator Left) (90' Spill Light Eliminator Right) Contlgum%lon 90' Apart 120' Apart GLEON-AE-M 7' Atm 7" Arm (Standard) (Standard) GLEON AE -02 7' Arm 7" Ann (Standard) (3tandard) GLEO!4-AE-03 7" Arm 7' Arm (Standard) (Standard) GLEON-AE-04 7' Arm 7'Ann (Standard) (Standard) GLE-ONAE-05 10' Extended Arm 7' Arm (Required) (Standard) GiEON-AE-OB 10' Extended Arm 7" Ann (Required) (Standard) GLEON-AE- 7 13' Extended Arm ' 13' Extended Arm (Required) (Required) GLEON-AE-08 13" Extended Arm 13' Extended Ann (Required) (Required) GLEON-AE-09 16" Extended Arm 16' Extended Arm (Required) (Required) GLEON-AE-10 16' Extended Arm 16" Extended Arm (Required) (Required) 2 @ 180' Triple' 4@90' Triple' �� rrrrrrr� lNJ,l� IH 9rt NOTES: i Round poles are 3 @ 1.20°. Square poles are 3 @ 901. 2 Round pales are 3 ® 901. 2 @ 120' Eetpn 1FsT1M t2, —. Cly 7ASouth3SEP 3 0 7015 s P'770-4eCty.) 302 Specifications and 4 RECEIVED P: 770.486-0800 dimensions subject to TD600020EN Pomnng Basi^ms Mr WOW w .eawn.wn iohting diange whhout nodce. 2016-06.04 13:56:33 I - Lg;EW 0 O .X i Y � o -F �iISL µ O O O O i W y�y �-I a ; �o vvvvrn rn mmmmm v v v O mm i3 i3 Xx x io:o,v ? W N Hm NO x c N An 9 Z O O IW ' x � r r p� N mi0 o- m O �< — W a rn Q _ x z n x ODiN, z X z� Mz $ Ln Q c �^ _ O m r Y Q :n g 1 I'm, 3 ;, �n ! O'er zwee��jO�.•Ovz� Gz1 L+j ,IZA en 0 N @ D O R a z __ `�' �I' ir�4 N I •TT @ F/I Ina O rn z M Z 57 M RECENLU SEP'S 0 DRAWN: M. MRVALA 2J20/2015 SOME GEOGRAPHICAL ARM HAVE SPECIAL WIND CONDITIONS THAT CAN CREATE WIND INDUCED VIBRATIONS CAUSING A FA =IE PROBLE4. ND METHOD HAS YET BEEN FOUND COR CHECKED PREDICTBVG DESTRUCTIVE LIGHTING POLE VIBRATION. THESE MNDrrIONS ARE UNTQUEAND REVISION: DATE 23171 Gi.0e5WC1 Rwy. CANNOT BE GUARANTEED AGAMSi, AND ARE THE REWCNSIBILrrY OF A LOCAL SITE ENGINEER Wdirem " APPROVED: C entral Park Commons: (6)40 (:[W4-3 QUOTE: WwW.gEuakwkMnccoN CATAOG: Type KK pole o S.O.# ° REF: SCALE: NONE I ND` CPS -1 -6007 -35 -BK -DI ISIZE, C ISHEET 1 OF 1 DESCRIPTION The Galleonr" LED luminaire delivers exceptional performance in a highly scalable, low-profiie design. Patented, high -efficiency AccuLED Optics'"' system provides uniform and energy conscious illumination to walkways, parking lots, roadways, building areas and security lighting applications. IP66 rated. SPECIFICATION FEATURES Construction Extruded aluminum driver enclosure thermally isolated from Light Squares for optimal thermal performance. Heavy -wall, die- cast aluminum end caps enclose housing and die-cast aluminum heat sinks, A unique, patent pending interlocking housing and heat sink provides scalability with superior structural rigidity. 3G vibration tested. Optional tool - less hardware available for ease of entry into electrical chamber. Housing is IP66 rated. Optics Choice of 16 patented, high - efficiency AccuLED Optics. The optics are precisely designed to shape the distribution maximizing efficiency and application spacing. AccuLED Optics create consistent distributions with the scalability to meet customized application requirements. Offered standard in 4000K (+./- 275K) CCT and minimum 70 CRI. Optional 6000K CCT end 3000K CCT. For the u1;lmate level of spill light control, an optional house side shield accessory can be field or factory installed. The DIMENSIONS house side shield is designed to seamlessly integrate with the SL2, SL3, SL4 or AFL optics. Electrical LED drivers are mounted to removable tray assembly for ease of maintenance. 120-277V 50160Hz, 347V 60Hz or 480V 60Hz operation. 480V is compatible for use with 480V Wye systems only. Standard with 0-10V dimming. Shipped standard with Eaton proprietary circuit module designed to withstand 10kV of transient line surge. The Galleon LED luminaire is suitable for operation in -40eC to 40°C ambient environments. For applications with ambient temperatures exceeding 40°C, specify the HA (High Ambient) option. Light Squares are IP66 rated. Greaterthan 90% lumen maintenance expected at 60,000 hours. Available in standard 1A drive current and optional 530mA and 700mA drive currents. Mounting Extruded aluminum arm includes internal bolt guides allowing for easy positioning of fixture during McGraw -Edison GLE0N-AE-10-LED-E 1-5WQ-BZ Central Park Commons Main parking lots Trent Shore - Pulse assembly. Designed for pole or wall mounting. When mounting two or more luminaires at 900 or 120' apart, the EA extended arm may be required. Refer to the arm mounting requirement table on page 3. Round pole top adapter included. For wall mounting, specify well mount bracket option. 3G vibration rated. Finish Housing finished in super durable TGIC polyester powder coat paint, 2.5 mil nominal thickness for superior protection against fade and wear. Heat sink is powder coated black. Standard colors include black, bronze, grey, white, dark platinum and graphite metallic. RAL and custom color matches available. Consult the McGraw -Edison Architectural Colors brochure for the complete selection. Warranty Five-year warranty. POLE MOUNT P-15116" 00mm] I -A- �� I 21-3/4"(553mml-- I .8.. _j WALL MOUNT I1oimmt DIMENSION DATA Number of Light Squares "A" Width "B" Standard Arm Length 'B" Optional Arm Length' Weight with Arm (lbs.) EPA with Arm ° (Sq. R.) 1-4 15-1/2' (394mm) 7' (17amm) 10' (254mm) 33 (15.0 kgs.) 0.96 5-6 21 -Wm (549mm) 7' ;178mm) 10- (254mm) 44 (20.0 kgs.) 1.00 7-8 27-5/8' (=mm) 7' (178mm) 13' (330mm) 54 (24.5 kgs.I 1.07 9-10 33-3/4' (857mm) 7' (178mm) 16' (406mm) 83 (28.6 kgs.) 1.12 a10'rM I Extended arm option may be required when mounting two or more fixtures per pole at 80' or 120°. Rotor to am mounting requirement oble.2 EPA cakulaied rrth optima! arm length. GLEON GALLEON LED 1-10 Light Squares Solid State LED AREA/SITE LUMINAIRE DLC CERTIFICATION DATA UL/cUL Wet Location Listed 160 9001 LM791 LM80 Compliant 3G Vibration Rated IP66 Fisted DesignLights Consortium® Qualified" ENERGY DATA Electronic LED Driver >0.9 Power Factor c20% Total Harmonic Distortion 120V -277V 5016OHz 347V & 480V 60Hz -40°C Min. Temparature 401C Max. Temperature 50"C Max. Temperature (HA Option.) pia 4AW Itd'I ��d R 1° CEIV ED S� i �+`� ll TD500020EN Pawemvoushaastwwdade *www.designlights.Drg c° 2015-06.0413:56:33 OPTIC ORIENTATION Is,reet side House Side Standard I Street Side House Side Optics Rotated Left @ 90" [L90) [Street sae House Side Optics Rotated Right @ 90'[1490] GLEON GALLEON LED DRILLING PATTERN TYPE"N" 314" [19mm] Diameter 2" Hole [51 mm) 718" [22mm] 114" ["mm] (2) 9116" [14mm[ Diameter holes OPTICAL DISTRIBUTIONS AsymmetticArea Distributions T2 517. T3 SL3 T4FT T4W SL4 (Type II) {Type 11 with Spill Control) (Type III[ (Type III with Spill Control) {Type IV Forward Throw) (Type IV Wide) (Type IV with Spill Control) i Asymmetric Roadway Distributions Symmertric Distributions RW T2R T3R 5NQ 5MQ 5WQ (Recta ngula rWideType 1) (Type II Roadway) (Type III Roadway) (Type V Square Narrow) (Type V Square Medium► [Type V Square Wide) r L_J CD I AFL (Automotive Frontline) ARM MOUNTING REQUIREMENTS Configuration 90° Apart 120° Apart GLEON-AE-01 7' Arte 7' Arm (Standard) (Standard) GLEOv-AE-02 7" Arm 7" Amr (Standard) {Standard) GLEO J -AE -03 7' Arm 7' Arm (Standard) (Standard) GLEON-AE-04 7' Arm 7" Arm (Standard) (Standard) GLEON-AE-05 10" Extended Ann 7' Arm (Required) (Standard) GLEON-AE-06 10' Edanded Arm 7" Ann (Required) (Standard) GLEON-AE-07 13' 2K4ended Arm 13" Extended Arm (Required) (Required) GLEON-AE-08 13' Extended Arm 13' Extended Ann (Required) (Requited) GLEON-AE-09 1 a' Extended Amt 16" Extended Arm (Required) {Required) GLEON-AE-10 16' Extended Arm 16' Extended Arm (Required) (Required) —Specialized Distributions SLL SLR (90° Spill Light Eliminator Lek) (90" Spill Light Eliminator Right) LL 2 @ 180° 2 @ 90" Triple' 4@90' Triple= 2 G 120' Eaton at South PtresCity,GA302 Specifications and RECEIVED SEP 3 O 2M m}, _N P: 7704aG48W dimensios subject to TD50002DEN Pop+adngausinasWoaidradde www.eaton.caMighting change Wtoutnotim. 2015.06.4413;56:33 O r M w Q Q -FI� v -� O I W Sm oa `` O Ei n O :n C v N W r r 3 � c p rn MEF ODDVOO�v 8 O AWN r A Inn rnn� o �o . 0 O m 1 W vz o vW C p0 0 s I I 10 5 CD - —_ _ — W b.= o y a O-`'' ' O z lO prn n X O a. no z X x u, v { z 3 M A ${ ow _ .a Fri m` z �� v Q O 1 O m 3 rnl H Q �^ u o! m �O o Diq D w'p °1rX•Z i -s o 0 o y , r zI. o U3 0 o z ,l. O Hzlvzi O i p� i ur Diinn �z r �2 Ov� rn m . cnnO T � � � C •o [n�W �. M IS `o _ I ��000 I N,� ! o owl Cn 3 I w M ! RECEIVED SEP 3 0 20b a � DRAWN: M. HARVALA 2I20/20I5 SOME GEOGRAPHICAL AREAS HAVE SrEG[aL wLND QDNDrrrons THAT CAN CREATE WIND o INDUCED VIBRATIONS CAUSING A FATIGUE PROBLEM. NO METHOD HAS 7Ef BEEN FOUND FOR u (2'HELIIED PREDICTING DESTRUCTIVE LIGHTING POLE VIBRATION. THESE CONDITIONS ARE UNIQUE AND REVISION DATE: 23171 CkoeZed �- CANNOT BE GUARANTEED AGAINST, AND ARE THE RESPONSIBILITY OF A LOCAL SITE ENGINEER. w"qTITLE: Central Paris Commons C99 � APPROV5D: $' P: (mo] 774-f10.5 � F: ja84] 17�-9kM QUM: "W.WnOdi 'W'Ll rCCWn CATALOG: Type LL pole S-0.# n° REF: SCALE: NONE__IG NO: CPS -1 -6007 -35 -13K -DI SIZE: C sHEEr 1 OF i n03 n I v DESCRIPTION The GAR/GAT/GLC Generation Series LED is a marriage of traditional shapes and contemporary styling. Its superior photometrics offer excellent illumination and uniformity for many of today's applications. Its styling blends well in many settings — historic districts, downtown streetscapes, roadways, residential neighborhoods, as well as city parks and educational campuses. The Generation Series LED sets a new standard for decorative post top luminaires. SPECIFICATION FEATURES construction HOUSING: Heavy-duty cast aluminum housing and removable door. A single quarter turn fastener on the removable door provides tool -less access to wiring compartment. CAGE ASSEMBLIES: Cage assembly uprights and medallions are manufactured of heavy-duty cast aluminum and mounted to the exterior of the base housing via four stainless steel fasteners. Cage rings constructed of extruded aluminum and finished to match housing. TOPS AND FINIALS: Choose from multiple spun aluminum or acrylic tops and cast aluminum finials for customized fixture style. All solid tops are made of heavy-duty spun aluminum. TWISTLOCK GLOBE: The optional twistlock assembly offers ease of maintenance through instant access to both the LED and wiring compartment by twisting the top refractor assembly and lifting it from the mating lock plate. DIMENSIONS Optical REFRACTIVE GLOBE: High efficiency refractive optical systems are precisely designed utilizing a combination of refractive and reflective prisms. Available in Type III or Type V distributions. Lighting grade acrylic ensures long lasting optical clarity and resistance to discoloration. Electrical 120-277V 50/60Hz operation. 10kV /10kA common- and differential made surge protection standard. Thermal management transfers heat rapidly away from the LED source for optimal efficiency and light output. Ambient operating temperature from -40°C to 40°C. Standard three -position tunnel type compression terminal block. GAT (Architectural Basel McGRAW-EDISON� " vAR-080-LED-E1-5 A -X -M -BK "ventral Park Commons Decorative - single Trent Shore - Pulse i 9-9-2015 Mounting Base casting slipfits over a standard 3" O.D. tenon and secured via four stainless steel allen head fasteners. 3G vibration tested. Finish Cast and spun components finished in a five -stage premium TGIC polyester powder coat paint, 2.5 mil nominal thickness for superior protection against fade and wear. Consult the McGraw - Edison Architectural Color brochure for a complete selection of standard colors including black, bronze, grey, white, dark platinum, graphite metallic and hartford green. RAL and custom color matches available. Warranty Five-year warranty. This look w/o the decorative cage. GLC (Classical Base) This base. GAR/GAT/GLC GENERATION SERIES LED LED DECORATIVE POST TOP LUMINAIRE EPA Effective Projected Area: (Sq. Ft.) 2.1 SHIPPING DATA Approximate Net Weight: 50 lbs. (23 kgs.) Cooper Lighting I RECEIVED SEP 3 02015 by FIT.M ADH1417w hr1cI 2414-07-1413:24:38 GEow top CONFIGURATIONS CAGE TYPE TOP TYPE FINIAL TYPE IOU Acorn Nostalgic Architectural Classical (GIOWTop) (SpunTopI7opAccess) AIB tlBe Modern (SpunTop) f� Modern Architectural Modern {Spun Top/ Top Access) Victoria n �Qp (Glcw7op) Victorian P Architectural Classical (Spun lop► Nostalgic No cage. ORDERING INFORMATION Sample Number: GAR-080-LED-E13-CXA-BK GARIGATIOLC GENERATION SERIES LED LUMEN TABLE Distribution Correlated Te Color (CCT) TypCage e ye ;PP. Tata[ Lumens (Full Brightness) Laminalre Wattage (Nominal) Type III 4000K None Glow 11,060 99W Type III 4000K None Solid 8,467 99W Type til 4000K Any Glow 7776 99W Type II! 4000K Any Solid 5,778 Elm Type V 4000K None Glow, 10,571 99W Type V 4COOK None Solid 9,365 99W Type V 4000K Any Glow 7537 99W Type V 4000K Any I Solid 6,C87 99W LUMEN MAINTENANCE Product Family LED Series Lamp Type TM -21 Lumen ROhaCtor Type Ambient Maintenance Theoretical L70 Temperature GAR- corn Base (Hoursl LED Solid (36,000 Hours) =Type III 15°C >03% r 40,000 25°C >92% 210,000 40°C >89% 117,000 Product Family LED Series Lamp Type Voltage ROhaCtor Type Top Type Cage Type Finial Type , Color' GAR- corn Base OBO LE 060 Series LED Solid E1 lectronic =Type III am A Architectural =Architectural AP --Grey GAT=Architectural Base State Light 120-277V) a ype V t:=Closslcal C=Classical M odem =Bronze GLI�Clessical Base Emitting M=Modern M=Modern = ostalgic B Bleck Diodes V=Victorian cine V=Victorian -Dark Platinum N=Nostalgic X,None GN=Hartford Groan (Top Access) GM=Graphite Metallic R --Architectural WH=White (Top Access) Options (Add as Suffix) Accessories (Order Separately) A=Twistlock Refractor MA1252=1 OW Surge Modulo Replacement B=Decorative Brass Bending GLR-080-Ei=080 Series LEA Series LED Replacement Module with 120-277V Universal Driver G=Gold Cage and Finial' GLR-080-0121=080 Series LED Series LED Replacement Module with 120-277V Universal Driver and Bi -Level Switching Capable b=Downlight Reflector GLR-080-E1-151-1=080 Series LED Series LED Replacement Module with 120-277V Universal Driver and Street Side / House Side. Switching P=Polycarbonate Refractor Capable R --NEMA Photocontrol Receptacle HALO°C High Ambient Temperature Rating 2L --Two Circuits SH --Street Side/ House Side Switching NOTES: 1. Other Mfsh colors aveilaUe, includinga full Ilne of RPL color nWWW, Cansua your Eaton5 Cooper Llghfing bushels mpieserdetve for mare Inbnnatlan. 2 When breis banning Is chosen•„ flnlal tnishsd h gold. 3. Not available with cage. Cooper Lighting by E:T -N Eaton 1000 Eaton Boulevard Cleveland, 01-144122 United States Eston.cam I RECEIVEL) SEp a p 101 Eaton's Cooper Lighting Business 1121 Highway 74 South Peachtree City, GA 30219 P: 770485.9e0o wuvw.coopell ighting.corn Speclreaticns and dimensions subject to dtazca without notice. ADH141707 2014-07-1413:24:38 m 0 -0 0 r rn L5 E4 QLq L Fn Fn M v 3 0 c z o - \ ' 1 OwNw� z p000� (n $Z�i°"' M in .nn in C7 oopoM a��p ? W N w PF' 0 08 .. W N r OZ r a � w y� ao °_' fanpo� CC:; T * O Sim pN83 O m yy co r :o v Vl Cl A m �o A m 7D�rn z XSO If Y, y E 00 I -' 1 X 03zNmm I, ! 0 ol.. .0 ml p [I m 3 IL3 X / O m=' C) 3o zAwi lln� �� 1 z M a Z. IM.Jjn zVn 33 V om NI0 M 0 6T m Z •01 A 1 'n J IVB 3 loft DRAWN: M. HARVALA WIS/2015 SOME GEOGROKICAL AREAS HAVE.SPECIAL WIND CONDR7pNS THAT CAN CREATE WIND Iv INDUCED VIBRATIONS CAUSING A FATGGUE PROBLEM. NO METHOD HAS YET BEEN FOUND POR CHECKED PREDICTING DESTRUCTIVE LIGHTING POLE VIBRATION. THESE CONDITIONS ARE UNIQUE AND REVISION: DATE: . 23111 G[OBSbBCI ". CANNOT BE GUARANTEED AGAMST, AND ARE THE REGPONS:BUITY OF A LOCAL STFE ENGINEER. WDREPI, M1 W TITLE: APPROVED: R•196ln44ros1F:ISM) 774-YU Central Park Commons QUOTE: fc www.gonatoMwckTeik.com CATALOG: Type MM ole s.0.# �, $ REF: SCALE: NONE DWG NO: CPS -4 -4411 -16 -BK -T3 I SIZE: C SHEET 1 OF 1 m C1 1 0 M Z z 3 o• c O O zwr�. z x zxxx0 oam� 0 0 m�n� 0 4 0 Z O -I N QLq L Fn Fn M v 3 0 c z o - \ ' 1 OwNw� z p000� (n $Z�i°"' M in .nn in C7 oopoM a��p ? W N w PF' 0 08 .. W N r OZ r a � w y� ao °_' fanpo� CC:; T * O Sim pN83 O m yy co r :o v Vl Cl A m �o A m 7D�rn z XSO If Y, y E 00 I -' 1 X 03zNmm I, ! 0 ol.. .0 ml p [I m 3 IL3 X / O m=' C) 3o zAwi lln� �� 1 z M a Z. IM.Jjn zVn 33 V om NI0 M 0 6T m Z •01 A 1 'n J IVB 3 loft DRAWN: M. HARVALA WIS/2015 SOME GEOGROKICAL AREAS HAVE.SPECIAL WIND CONDR7pNS THAT CAN CREATE WIND Iv INDUCED VIBRATIONS CAUSING A FATGGUE PROBLEM. NO METHOD HAS YET BEEN FOUND POR CHECKED PREDICTING DESTRUCTIVE LIGHTING POLE VIBRATION. THESE CONDITIONS ARE UNIQUE AND REVISION: DATE: . 23111 G[OBSbBCI ". CANNOT BE GUARANTEED AGAMST, AND ARE THE REGPONS:BUITY OF A LOCAL STFE ENGINEER. WDREPI, M1 W TITLE: APPROVED: R•196ln44ros1F:ISM) 774-YU Central Park Commons QUOTE: fc www.gonatoMwckTeik.com CATALOG: Type MM ole s.0.# �, $ REF: SCALE: NONE DWG NO: CPS -4 -4411 -16 -BK -T3 I SIZE: C SHEET 1 OF 1 m C1 1 0 DESCRIPTION The GAR/GAT/GLC Generation Series LED is a marriage of traditional shapes and contemporary styling. Its superior photometrics offer excellent illumination and uniformity for many of today's applications. Its styling blends well in many settings -- historic districts, downtown streetscapes, roadways, residential neighborhoods, as well as city parks and educational campuses. The Generation Series LED sets a new standard for decorative post top luminaires. SPECIFICATION FEATURES Construction HOUSING: Heavy-duty cast aluminum housing and removable door. A single quarter turn fastener on the removable door provides tool -fess access to wiring compartment. CAGE ASSEMBLIES: Cage assembly uprights and medallions are manufactured of heavy-duty cast aluminum and mounted to the exterior of the base housing via four stainless steel fasteners. Cage rings constructed of extruded aluminum and finished to match housing. TOPS AND FINIALS: Choose from multiple spun aluminum or acrylic tops and cast aluminum finials for customized fixture style. All solid tops are made of heavy-duty spun aluminum. TwISTLOCK GLOBE: The optional twistlock assembly offers ease of maintenance through instant access to both the LED and wiring compartment by twisting the top refractor assembly and lifting it from the mating lock plate. DIMENSIONS Optical REFRACTIVE GLOBE: High efficiency refractive optical systems are precisely designed utilizing a combination of refractive and reflective prisms. Available in Type RI or Type V distributions. Lighting grade acrylic ensures long lasting optical clarity and resistance to discoloration. Electrical 120-277V 50/60Hz operation. 10kV /10kA common- and differential mode surge protection standard. Thermal management transfers heat rapidly away from the LED source for optimal efficiency and light output. Ambient operating temperature from -40°C to 40°C. Standard three -position tunnel type compression terminal block. GAT (Architectural Basel MCGRAW-EDISON® "4 sy GAR -080 -LED -E 1 -5 -A -X -M -BK MM2 Central Park Commons Decorative - twin 9-9-2015 Trent Shore - Pulse Mounting Base casting slipfits over a standard 3" O.D. tenon and secured via four stainless steel alien head fasteners. 3G vibration tested. Finish Cast and spun components finished in a five -stage premium TGIC polyester powder coat paint, 2.5 mil nominal thickness for superior protection against fade and wear. Consult the McGraw - Edison Architectural Color brochure for a complete selection of standard colors including black, bronze, grey, white, dark platinum, graphite metallic and hartford green. RAL and custom color matches available. Warranty Five-year warranty. This look w/o the decorative cage. GLC {Classical Base) This base. Cooper Lighting by W.T.N RECEIVED SEP 3 4 201 11 GAR/GAT/GLC GENERATION SERIES LED ZED DECORATIVE POST TOP LUMINAIRE EPA Effective Projected Area: (Sq. Ft.) 2.1 SHIPPING DATA Approximate Net Weight: 501bs. (23 kgs.) F h`f ! I ADH141707 ` 4TIM 2014-07-1413:24:38 CONFIGURATIONS Glow toy CAGE TYPE TOP TYPE FINIAL TYPE Architectural Acorn Nostalgic Classical (GlowTop) (SpunTop I Top Access) IIIFBI IIRA Modern z � (SpunTop) Modern Architectural I [Spun Top ITDpAccess) Modern Victorian, oc /(GlowTop) Victorian Architectural Classics[ (SpunTop) Nostalgic FNO cage. ORDERING INFORMATION Sample Number. GAR-080-LED-E1-3-CXA-BK GAR/GATIGLC GENERATION SERIES LED LUMEN TABLE LUMEN MAINTENANCE Correlated Lamp Type TM -21 Lumen Total Luminaire Distribution Color Case Top Lumens Wattage (36,000 Hours) Tem Type Typo (Ful! Brightness) (Nominal) >92% (CCTI 40°C >89% 117,000 =Bronza Type III 4000K None Gow 11,060 SOW Type III 4000K None Solid 8,407 99W Type Ill 4000K Any Grow 7,776 99W Type III 4000K Any Solid 5,778 99W Type 4000K None Glow 10,571 99W Type V 4000K None Solid 9,365 99W Type 4000K Any Grow 7,537 99W Type V I 4000K I Any Solid 6,067 99W LUMEN MAINTENANCE Product Family LID Series Lamp Type TM -21 Lumen Top Type Ambient Finial Type Theoretical L70 Temperature Maintenance (Hours) E1 lectronic Type III (36,000 Hours) A=Architmisral 15°C >93% 240,000 25°C >92% 2;0,000 40°C >89% 117,000 Product Family LID Series Lamp Type Voltage Refractor Type Top Type Cage Type Finial Type Color 1 GAR= orn Base L:ED OBO Series LED Solid E1 lectronic Type III A cern A=Architmisral &=rchitcctural AP=Grey GAT --Architectural Base State Light (120-277V) Type V C=Classical C --Classical M odern =Bronza GLC=Classical Base Emitting M=Modern M=Modern = ostalgic Black Diodes V=Victorian 194one V=Victorian —Dark Platinum N=Nostalgic X=None GN=Hartford Green (Top Access) GM=Graphile Matellic R=Architectu rah WH=White (Top Access) Options (Add as Suffix) Accessories (Order Separately) A=Twistloek Refractor MA12_%A0kV Surge Module Replacement B=Decorative Brass Banding x' GLR-080-E7-080 Series LED Series LED Replacement Module with 120-277V Universal Driver G=Gold Cage and Finial GLR-08G-E1-2L--080 Series LED Series LED Replacement Module with 120-277V Universal Driver and Bi -Level Switching Capable D --Downright Reflector GLR-080-E1-SH=080 Series LED Series LED Replacement Modula with 120.277V Universal Driver and Street Side I House Side Switching P --Polycarbonate Refractor Capable R=NEMA Phatocontrol Receptacle KA=50°C High Ambient Temperature Rating 2L=Two Circuits SH --Street Side / House Side Switching "CITIES: L Other tinlsh calors available, including afull line of RAL talo' matches. Consul your 6atong Cooper Ughling business repmxnfaPoe!or more h£rmatlon. 2. When braes bending Is chosen, fine] fiNshad in, gold. 8. Not available with cage. � RECEIVED SEP 3 01015 Satan Eaton's Cooper Lighting Business �1/�a/y 1000 Eaton Boulevard 1121 Highway 74 South Cooper Lighting Cleveland, OH 44122 Peadnree City. GA 30269 Specifications and ADH1417G7 United States P.770-486-4800 dimensions subject to by IF.TaN Eaton.com www.cDopedighting.com change without notice. 2014-07-14 13:24:38 o — ti z I m � O I I mtn-- - - - - r z� M r MQ o 0 z 3 3 O z \ - isz �Lrl 7 � \ -0 O x� C) z s;sa W N z Z -4 X X X p o c) zrnvt�G a�aa D z z 3 o000 .�7oAA � WNr �xll 7a x A pA Om m m m C 0 oo AO F+ p� O O c W ca O a y ria co . _ IV �t3 o a r' ir'� 0 Z PH x r 0 00 xpN pM �pzz" IM Ln ar Fn W Q yf v ., O , o O 2 x War IN O 3$OZnpA f�1N�21 m = s 13 rn SiHbgWp g to s Q z ZO �z �z 0 i A zz cm X z N O _ S \ - =►r a iap r 3 Enz y o m M o m Z C z 8 r 0 0 �� ;al RECEIVED SEP 3 a 20 M f= DRAWN: M. HARVALA 2/18/2015 SOMINDUCED VIBRATIONS CAUSING rAL AREAS HAVE AFATIGUE PROBLEM. CONDITIONS lEMHAS YTHAT ET BEEN FOUND FOR CHECKED CANNOT BEGUARANTEED EA�q�SC, AND ARE THHENG POLE ATION. THESERESPONSI Lm OF AONS LOCCALLSSITE ENGINEER, REVISION: Y REVISION: DATE: 2317E Groesbeck HWY. Warren, 4 4988 TIRE: i$ o APPROVED: m P:tsul77 GIF;(5m)774-s7m Central Park Commons n QUOTE: WWW ngdAWi1O*'C.COTI'1 � CAT'"LOG: Type MM2 2ole -Twin $ a SCALE: NONE �mwcar�r DWG NO: CPS -4 -4011 -16 -BK -T3 I SIZE: C lSHEET 1 aF 1 m Central Park Commons Type MM2 twin arm Description The BRii5 Series brackets feature a strong yet lightweight design for ease of installation. The series can accommodate a wide variety of Mures. The two light bracket can be used on poles with a 3" OD shaft. Installation The crossarm will slip fit a 3" OD post top tenon and attach with two rows of 5/16" dia. set screws. Set screws will be cone pointed and stainless steel... Crossarm and wall bracket are equipped with 3" O.O. tenons for luminaire mounting. The wall bracket is constructed of corrosion resistarri cast aluminum (A319 Alloy). It has a nominal 3" OD tenon for luminaire mounting, and four holes in the back plate for mounting to the wall. (Wall mounting hardware is not included, due to the wide variety of backing materials. Customer should determine the appropriate anchoring hardware based on the wail material.) Finish The bracket will be finished with a premium quality thermoset polyester powdercoat for a durable finish. Standard solid colors are: GRN - Green CLB - Classic Bronze BILK - Satin Black Guide Premium finishes are: GTG - Granite Green ATC - Antique Copper WHT- White Part Number_ 2BR®5 - BILK E Finish F RECEIVED SEP 3 0 2415 � s1 26" 14" t; 12BRO5 - BLE] 1 4BR05 Slip fits 3" 00 tenon I 111/2" f WOR05 L' 115/8" AMENITIES Q uF7 z O LU n V) z 15 LU U Q J W 0!:w OE J Z ¢ OZ L¢ "z LU �O Lj;U a z° d m LU EXHIBIT G ui LUN LU De LU 7Q7 U- 7 00 LU 0 LUce O z 3 z Uw LU -Z z F � Z � S � 4 O CL J a a C% Z UQ O d (� Y V):7U zLLP zLu � z � x LU Y =3 z ¢ F y F m F IY LUa I 3: i Z i a n e x � a¢ Qoc a V) z h Z Z LU H Q F Q !- ?LU ¢ a Ha �� Lo) Lu ¢ r- Z z a0 J IC.l0 J aU Q d z C g r act ¢I ¢� O a F ¢ W a F_- u- U L U LU Q W U 0 D J LU °ciU 0U aU 5 LU ❑ z � O "-' LU o�u �� c a m Q m m a Q ©o o o (9 AMENITIES Q uF7 z O LU n V) z 15 LU U Q J W 0!:w OE J Z ¢ OZ L¢ "z LU �O Lj;U a z° d m LU L!7 Y w I& m 06 U] Z Q C7 Z 4 EO O y N ll1 C:) C7 a� U U' LL _z V d Q z L� W Z 2 ED LU J LJ1 Irl 0 YCDcc- CD z 2 cn �J em r cr Q cc 133 w 6L rFw v J U ° "WI"a. m u m C � C m a 33335555 � _,� a v �• a I E O r L!7 Y w I& m 06 U] Z Q C7 Z 4 EO O y N ll1 C:) C7 a� U U' LL _z V d Q z L� W Z 2 ED LU J LJ1 Irl 0 YCDcc- CD z 2 cn �J em r cr Q cc 133 w 6L rFw v J U ° "WI"a. co U ca t2 N U Q) oz CD to CD U CO CL a) U M cc CD C U a U m cp ' W U.¢ a F [I] a W 0 3: Z f RE ac, le moi y as V U�20C p0 W ¢Qo �= a m , co LU } W s aLLa W W cs c o� —LLJm �a a LLI CD LU LiJ co ? LLIFR a Z LLI m X io n r p m W cn W H Z w a h Z ® Z" 3E i� 411 Z O O J CD O C7 2 0 z w a 0 a a g 0. to U W U R a 0 m a m m LU En LU F w Q Agenda Information Memo April 19, 2016 Eagan City Council Meeting CONSENT AGENDA L. Municipal State Aid Designations Action To Be Considered: Approve a resolution requesting the Minnesota Commissioner of Transportation's approval of the revocations and designation of existing street segments on the City of Eagan's Municipal State Aid (MSA) roadway system. Facts: ➢ The Municipal State Aid (MSA) designation of a street enables the maintenance of existing streets and the construction of new streets to be financed by the City's portion of the gas tax revenue distributed by the State. Only 20% of the city's local street mileage is eligible for this designation. Of the 48.05 miles allowed in Eagan, only 47.38 miles are currently designated. The difference of 0.67 miles is available for designating additional segments onto the system. ➢ The proposed MSA revocations and designation of the following City streets (0.66 net total miles) are eligible and desirable to optimize the City's share of MSA funding: Revocations: o Covington Lane (Galaxie Ave to Johnny Cake Ridge Rd) - 0.75 mile o Carnelian Lane (Nicols Rd to Rahn Rd) - 0.50 mile New Designations: o Thomas Center Drive (Cliff Rd/CSAH 32 to Thomas Lake Rd) - 0.28 mile o O'Leary Lane (Town Centre Dr to Yankee Doodle Rd/CSAH 28) - 0.17 mile o Gemini Road (Lexington Avenue/CSAH 43 to Neil Armstrong Blvd. - 0.25 mile o Lone Oak Parkway (Dodd Rd/TH 149 to Northwest Pkwy - 0.59 mile o Lone Oak Drive (Lone Oak Rd to Lone Oak Pkwy - 0.60 mile ➢ After the revocation/designation of these segments to the City's MSA system, a minor amount of 0.01 miles under the City's allowable mileage would remain for future designation under MSA rules. Attachments: (2) CL -1 MSA Street Designation Map — 2016 CL -2 Resolution City of Eagan Municipal State Aid Streets 2016 Requested Revisions Municipal State Aid Streets ------- Municipal State Aid - Non Existing `✓ Planned Added Segment ••••••••• Planned Removed Segment JR. CITY OF EAGAN RESOLUTION ESTABLISHING AND REVOKING MUNICIPAL STATE AID STREETS WHEREAS, it appears to the City Council of the City of Eagan that the following City street segments, hereinafter described, should be designated as Municipal State Aid Streets under the provisions of Minnesota law; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Eagan that the streets described as follows, to wit: Name Termini Thomas Center Drive Cliff Rd/CSAH 32 to Thomas Lake Rd O'Leary Lane Town Centre Dr to Yankee Doodle Rd/CSAH 28 Gemini Road Lexington Avenue/CSAH 43 to Neil Armstrong Blvd. Lone Oak Parkway Dodd Rd/TH 149 to Northwest Pkwy Lone Oak Drive Lone Oak Rd to Lone Oak Pkwy be, and hereby are, established, located, and designated Municipal State Aid Streets of said City, subject to the approval of the Commissioner of Transportation of the State of Minnesota; BE IT FURTHER RESOLVED, by the City Council of the City of Eagan that the streets described as follows, to wit: Name Termini Covington Lane Galaxie Ave to Johnny Cake Ridge Rd Carnelian Lane Nicols Rd to Rahn Rd be, and hereby are, revoked as Municipal State Aid Streets of said City subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this Resolution to the Commissioner of Transportation for his consideration and that upon his approval of the designation of said streets or portion thereof, that the same be constructed, improved and maintained as Municipal State Aid Streets of the City of Eagan. CITY OF EAGAN CITY COUNCIL 23 Mayor Attest: City Clerk CERTIFICATION HEREBY CERTIFY that the above is a true and correct copy of a resolution presented to and adopted by the City of Eagan, County Dakota, State of Minnesota, at a duly authorized City Council Meeting held in the City of Eagan, Minnesota, on the 19th day of April, 2016, as disclosed by the records of said City on file and of record in the office. Christina M. Scipioni, City Clerk 1 Public Works Admin: Council Agenda -Current Items/Request MSA Designation, Attch Rose, 04-19-16 Ag. Agenda Information Memo April 19, 2016 Eagan City Council Meeting CONSENT AGENDA M. Technical Specialty Consulting Agreement - Communications PSC Alliance, Inc. Action To Be Considered: Approve a Technical Specialty Consulting Agreement with PSC Alliance,• Inc., for the Specialty Services Category — Communications, and authorize the Mayor and City Clerk to execute all necessary documents. Facts: ➢ The City's maintenance divisions (Parks Maintenance, Utility Maintenance and Transportation Operations) currently utilize a UHF radio system for daily operations and emergency incidents. ➢ The existing system is near the end of its functional life and performance has been suffering. Radio coverage is not always dependable, and replacement equipment is being phased -out by manufacturers. ➢ Due to the existing age/condition of the UHF system and improved technologies that have been developed since the existing system was installed, it would be appropriate for the City to assess the UHF two-way radio communications system and prepare a plan to either upgrade it or replace it to meet the long-term needs of the maintenance divisions. ➢ PSC Alliance, Inc., provides specialty telecommunications services to public -sector clients and other agencies serving the public welfare. Their familiarity with the City's existing two-way radio system and the current communications industry is beneficial for the City in performing the needed evaluation of the current communications system. ➢ The agreement has been reviewed by the Public Works and Parks & Recreation Departments and found to be similar to other existing Technical Specialty Consulting agreements and in order for favorable Council action. Attachments (1) CM -1 Technical Specialty Consulting Agreement TECHNICAL SPECIALTY CONSULTING AGREEMENT This Agreement ("Agreement") is entered into this day of , 2016, by and between the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122 (the "City") and PSC Alliance Inc. (the "Consultant"). WHEREAS, Consultant has experience in engineering or other specialized technical services; and WHEREAS, the City desires to engage Consultant to assist in engineering or other specialized technical services; and WHEREAS, Consultant desires to accept such engagement upon the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the mutual agreements herein contained and intending to be legally bound hereby, the City and Consultant hereby agree as follows: ARTICLE 1. TERM OF CONTRACT Section 1.01. TERm. This Agreement will become effective on , and will continue in effect, unless terminated in accordance with the provisions of Article 7 of this Agreement. ARTICLE 2. INDEPENDENT CONTRACTOR STATUS Section 2.01. INDEPENDENT CONTRACTOR STATUS. The City and Consultant expressly agree that Consultant is an independent contractor and not an employee, agent, joint venturer, or partner of the City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City and Consultant or any employee or agent of Consultant. Both parties acknowledge that Consultant is not an employee for state or federal tax purposes. ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT Section 3.01. CONSULTANT'S SERVICES. The City hereby retains Consultant (on a non- exclusive basis) for the purpose of advising and consulting the City on matters related to but not necessarily limited to: • Comprehensive system/facility plans and studies • Prelimainary engineering feasibility reports • Applications for and pursuit of various funding programs • Environmental worksheets • Design, construction and legal boundary surveys • Detailed design and plan preparation • Technical specifications • Estimates and construction contract documents • Competitive bid solicitation and evaluation • Construction engineering, inspection and observation services • Contract management • The preparation of record plans and final contract compliance reports • Miscellaneous specialty/technical services The precise services to be provided and detailed scope of work and rates for those services may be detailed in individual work authorizations or engagement letters signed by Consultant and City based on the general provisions and conditions set forth in this agreement. Section 3.02. OTHER INVESTIGATIONS. STUDIES AND REPORTS. The City may direct the Consultant to provide services not related to a construction project ("Special Studies"). Examples of Special Studies/Investigations/Reports include: traffic studies; transportation studies; feasibility investigations, studies and reports; sanitary sewer, water, and storm drainage system master plans; landscape and building architecture, "streetscape" design and water quality reports. For Special Studies, the Consultant will provide the City with a written scope of services and an estimate of the costs, and will not begin work until authorized by the City. Section 3.03. METHOD OF PERFORMING SERVICES. Consultant shall determine the method, details, and means of performing the above-described Services. Section 3.04. PLACE OF WORK. Consultant shall base the performance of these Services at its own business location or such other location as determined by the City. The City is not required to provide office, technical or clerical support services to Consultant. Section 3.05. Tam OF PERFORMANCE. Consultant shall submit for, the City's approval a schedule for the performance of the Services that may be adjusted by mutual consent as the Services proceed. This schedule shall include allowances for periods of time required for the City's review. Time limits established by this schedule approved by the City shall not be exceeded by Consultant or the City, except for reasonable cause, agreed to by the City. ARTICLE 4. COMPENSATION Section 4.01. AMOUNT OF COMPENSATION. In consideration for the Services to be performed by Consultant, the City agrees to pay Consultant consulting fees as follows: See Compensation Schedule attached as "Schedule A." Any increase in compensation must be agreed to by the City prior to such increase. All projects for which Consultant is retained shall be on an hourly fee basis unless otherwise agreed to by the City. Section 4.02. PAYMENT FOR COMPENSATION. Payment will be made as follows: Contemporaneously with the submission of any bill to the City, the Consultant shall provide an itemized statement detailing the billing strategy indicating the number of hours spent by any employee or agent as well as the hourly rate charged by the individual providing the work. The Consultant shall segregate its billing to separate cost centers or projects as may be required by the City. Section 4.,03. ENPENsEs. Consultant shall be responsible for all costs and expenses incident to the performance of the Services, including but not limited to, all taxes required of or imposed against Consultant and all other of Consultant's costs of doing business. The City agrees to reimburse Consultant only for those reimbursable expenses set forth on "Schedule A." Provided, that any expenses related. to special consulting or technical services (e.g., outside consultants or technical services) must be pre -approved by the City. When retained directly by the consultant with prior approval by the City, Consultant shall bill the City no more that 110% of actual costs of such special consulting or technical services. ARTICLE 5. CONSULTA'NT'S OBLIGATIONS Section 5.01. STATE AND FEDERAL. TAxES. As Consultant is not the City's employee, Consultant is responsible for paying all required state and federal taxes. In particular, the City will not withhold FICA (Social Security) from Consultant's payments; will not make state or federal unemployment insurance contributions on Consultant's behalf; will not withhold state or federal income tax from payment to Consultant; will not make disability insurance contributions on behalf of Consultant; or will not obtain workers' compensation insurance on behalf of Consultant. ARTICLE 6. THE CITY'S OBLIGATIONS Section 6.01. THE CITY'S COOPERATION. The City agrees to comply with Consultant's reasonable requests necessary to the performance of Consultant's duties under this Agreement. ARTICLE 7. TERMINATION OF AGREEMENT Section 7.01. TERMINATION ON OCCURRENCE OF STATED EVENTS. The City may terminate this Agreement automatically on the occurrence of any of the following events: (1) Consultant's bankruptcy or insolvency; (2) the sale or merger of Consultant's business and/or change in majority ownership; or (3) failure of Consultant to perform work in a timely fashion. Additionally, this agreement may be terminated by either party upon thirty days written notice without cause. In the event of termination, copies of plans, reports, specifications, electronic drawing/data files, field data, notes, and other documents, written, printed or recorded on any medium whatsoever, finished or unfinished, prepared by the Engineer pursuant to this Agreement and pertaining to any work or to a Project, shall be made available to the City. All provisions of this agreement allocating responsibility or liability between the City and Engineer shall survive the completion of the services hereunder and/or the termination of this Agreement. Section 7.02. TERMINATION FOR FAiLuRE TO MAKE AGREED-UPON PAYMENTS. Should the City fail to pay Consultant all or any part of the compensation set forth in Article 4 of this Agreement on the date due, Consultant, at Consultant's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. ARTICLE S. DISPUTE RESOLUTION/CONSENT TO ARBITRATION Section 8.01. AGREEMENT To COOPERATE WITH CITX. Consultant acknowledges that the City may, from time -to -time, be subject to arbitration or litigation arising out of or relating to any engineering or other specialized technical services that may have been provided, directly or indirectly, by Consultant. Consultant agrees to use its best efforts to work with the City and agrees that it will cooperate fully with the City in any arbitration or district court hearing and further agrees, if the City makes a timely request, to be a named party to any arbitration proceeding. ARTICLE 9. GENERAL PROVISIONS Section 9.01. NOTICES. Any notices given hereunder by either party to the other shall be in writing and may be effected by personal delivery with signed receipt or by registered or certified mail with postage prepaid and return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in the introductory paragraph of this Agreement, but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally or by mail will be deemed communicated as of actual receipt; (both signed at time of receipt) Section 9.02. ASSIGNMENT. Except for the Consultant's use of necessary consultants, the Consultant and the City shall not assign or delegate their respective obligations under this Agreement without the written consent of the other party, which consent shall not be unreasonably withheld. Section 9.03. ENTIRE AGREEMENT OF THE PARTIES. This Agreement supersedes any and all prior agreements, either oral or written, between the parties hereto with respect to the rendering of services by Consultant for the City and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made, orally or otherwise, by any party, or by anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing signed by the party to be charged. Section 9.04. INDEMNIFICATION. Consultant agrees to protect, defend, indemnify, and hold the City and its assigns and attorneys, accountants, and employees, harmless from and against all losses, liabilities, damages, judgments, claims, counterclaims, demands, actions, proceedings, costs, and expenses (including reasonable attorneys' fees) of every kind and character resulting from, relating to, or arising out of the negligent acts or omissions of the Consultant. Section 9.05. RIGHT IN WORK PRODUCT. The work product of Consultant's services, including results, and all ideas, developments, and inventions which Consultant conceives or reduces to practice during the course of his performance under this Agreement and subsequently reimbursed for by the City for such work shall be the exclusive property of the City. This information, and material, and any such •iriventions shall be deemed the City's proprietary information and, shall not be disclosed to anyone outside of the City, or used by Consultant or others without the prior written consent of the City. Provided, however, the Consultant has the right to reuse such information and material in the normal course of its business and retains all rights in its standard drawing details and specifications, and in all field data, notes and databases. Other than reuse or modification by the Consultant, the City waives all claims against the Consultant resulting from 4 any changes or reuse of such information and material. The Consultant will furnish the City with electronic data versions of certain drawings or other written documents ("Digital Data") compatible with the City's software (to the extent possible) unless otherwise agreed upon and/or provided in hard copy form. In the event of any conflict between a hard copy document and the Digital Data, the hard copy document governs. The Digital Data shall be prepared in the current software in use by the Consultant and is not warranted to be compatible with other systems or software. Any Digital Data submitted by the Consultant to the City is submitted for an acceptance period of 60 days ("Acceptance Period"). Any defects that the City discovers during this period and reports to the Consultant will be corrected by the Consultant at no extra charge. For correction of defects reported to the Consultant after the Acceptance Period, the City shall compensate Consultant on an hourly basis at Consultant's billing rates. The City understands that the Digital Data is perishable and the City is responsible for maintaining it. Section 9.06. INSURANCE. The Consultant shall provide to the City an insurance certificate, issued by an insurance company of good standing and authorized to do business in Minnesota, evidencing the insuring of liability arising out of the performance of professional services for the City in an amount of at least $2,000,000; and stating that such insurance cannot be cancelled until thirty (30) days after the City has received written notice of the insured's intention to cancel the insurance. The Consultant agrees that the deductible within its professional liability insurance policy shall not exceed $150,000.00. Section 9.07. SEVERABii,TTY. Whenever possible, each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law, but if. any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule, in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or the effectiveness or validity of any provision in any other jurisdiction, and the remaining provisions of this Agreement will continue in full force without being impaired or invalidated in any way. Section 9.08. GoyERN1NG LAw. All issues concerning this Agreement will be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction) that would cause the application of the law of any. jurisdiction other than the State of Minnesota. Section 9.09. HAZARDous SUBSTANCE. The Consultant's scope of services does not include any services related to hazardous or toxic materials, including asbestos and PCBs. If it becomes known that such materials may be present at or near a Project that may affect the Consultant's services, the Consultant may suspend performance of -its services, without liability, and will assist the City to retain appropriate specialist consultants to adequately identify and abate such materials so that Consultant's services may resume. Section 9.10. CONFIDENTIALITY. The Consultant agrees to keep confidential and not to disclose to any person or entity, other than the Consultant's employees, sub consultants and the general contractor and subcontractors, if appropriate, any data and information not previously known to and generated by the Consultant or furnished to the Consultant and marked CONFIDENTIAL by the City. These provisions shall not apply to information in whatever form that comes into the public domain, nor shall it restrict the Consultant from giving notices required by law or complying with an order to provide information or data when such order is issued by a court, administrative agency or other authority with proper jurisdiction, or if it is reasonably necessary for the Consultant to defend himself or herself from any suit or claim. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OF EAGAN: By: Mike Maguire Its: Mayor By: Christina M. Scipioni City Clerk PSC Alliance Inc: Its: PSCAlliance Inc. PSC 2016 PROFESSIONAL FEES & EXPENSES For Existing Customers Professional Principal................................................................................ $155/hour Other Associates.............................................................. $95-145/hour Special Subcontractors & Environmental Compliance ..... ..... ...................... ...... I........................ Prevallina or Neaotiated Rates Standard Expense Schedule Auto Travel........................................................... Established IRS Rate Parking................................................................................ Actual Cost AirTravel................................................................... Actual Cost +6% Daily Out of Pocket Expenses - away from office location overnight ......... ...................................................... (maximum) $110.00 per person/day Lodging..................................................................... Actual Cost + 6% Auto Rental.............................................................. Actual Cost + 6% RF Coverage Drive Testing ................................. $450 + time + mileage Topographic Data (per zone) ........................................................ $250 Printing & Duplicating Reports .............................................. Actual Cost Conference/Web Hosted Meetings ......................................... Actual Cost Test Equipment Rental ............................................... Actual Cost + 6% (for equipment not already in our inventory used in systems diagnosis) Computer Run Time (Extended Analysis)..................................$25/hour Other Equipment Rentals ............................................ Actual Cost + 6% Bliliogs & Payments: 1, Invoices will be submitted periodically for services and expenses and are due net when rendered. Invoices shall be considered PAST DUE If not paid within 35 days after the Invoice date and PSC Alliance Inc. may, without waiving any claim or right against the Client, and without liability whatsoever to the Client, terminate the performance of the service for invoices which remain unpaid. A service charge in the amount of 1.5% per month shall apply to any unpaid balance. PSCAlliance Inc. may apply, and client agrees to pay, a delinquent handlin Agenda Information Memo April 19, 2016 Eagan City Council Meeting CONSENT AGENDA N. Outlot A, Cityvue Commons Easement Vacation Action To Be Considered: Receive a petition to vacate a sidewalk, trailway and snow storage easement (Document No. 692806) situated on Outlot A, Cityvue Commons and schedule a public hearing to be held on May 17, 2016. Facts: ➢ On April 11, 2016, City staff received a petition from Mr. Lonnie Provencher, representing Interstate Partners, the property owner and developer of Cityvue Apartments, requesting the vacation of a portion of an existing sidewalk, trailway and snow storage easement (Document No. 692806) situated on Outlot A, Cityvue Commons, south of Yankee Doodle Road and west of Lexington Avenue in central Eagan. ➢ The purpose of the request is to allow the recording of a final plat of the property for the proposed Cityvue Commons 2nd Addition development. The vacation of the easements would clean up the proposed plat by avoiding any underlying recorded dedications. ➢ The final plat for Cityvue Commons 2nd Addition will address all easements necessary for public purposes. ➢ The approval of the plat for Cityvue Commons 2nd Addition is tentatively scheduled for Council consideration at the May 17 City Council meeting. ➢ Notices for a public hearing will be published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the public hearing. Attachments (2) CN -1 Location Map CN -2 Legal Description Graphic Location of Proposed Easement Vacation AbbL. qr City of Eagan MENDOTA HEIGHTS YAn,IEee, Dobdle R Proposed Easement Vacation Fig. 1 over part of OUtlot A, CITYVUE COMMONS 04-12-2016 c m W Z N Z w O <Mz0 �®2 ui vz e >W ' z w WU 2 ? W o� a1 1 dam+ .ii a �o ova .s e ®1 �s s —fir ,4u �'� ' °LU w 3 OZ,M99N W m p 1� z z LLJ LU u Q p z z 0 LLI -�• N ®P/ IQ • ,r _ v LoiLno '3Nn m - - \ �a h cc Z w loll 1 1�-Ir�f a +�r r r r r l l 11 s �1 1 1 1 {.. r• -r r i A3e`N N —J v/ v t tJ 1 7 v ♦I v —J I �p'NOIIV]Vfl•1W53.80'4986i��^S�MP�80'65186L1NI�S1�3f0Ud��"I ELS:+as�-weLL:g-gtpZ `LF.IeW c m W Z N Z w O <Mz0 �®2 ui vz e >W ' z w WU 2 ? W o� a1 dam+ .ii a �o ova c m W Z N Z w O <Mz0 �®2 ui vz e >W ' z w WU 2 ? W Description of Easement to be Vacated That part of the sidewalk, trailway and snow storage easement per Document Number 692806 situated on Outlot A, CITYVUE COMMONS, according to the recorded plat thereof, Dakota County, Minnesota, and lying northerly of the following described line: Commencing at the southwest corner, said Outlot A; thence on an assumed bearing of North 00 degrees 42 minutes 09 seconds West, along the west line of said Outlot A, 6.24 feet to the point of beginning of the line to be described; thence North 89 degrees 11 minutes 48 seconds East a distance of 231.13 feet; thence North 72 degrees 33 minutes 40 seconds East a distance of 11.84 feet; thence North 88 degrees 33 minutes 20 seconds East a distance of 36.07 feet; thence South 71 degrees 43 minutes 16 seconds East a distance of 11.75 feet; thence North 89 degrees 19 minutes 28 seconds East a distance of 154.33 feet to the east line of said Outlot A and said line there terminating. Agenda Information Memo April 19, 2016 Eagan City Council Meeting CONSENT AGENDA O. Contract 14-14, Cedar Grove Parking Garage & Redevelopment District Facility Management Services — Contract Extension Action To Be Considered: Approve a one year contract extension for Contract 14-14 (Cedar Grove Parking Garage and Redevelopment District - Facility Management Services) with Cornerstone Parking, Inc., and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ On August 4, 2014, Contract 14-14 was awarded to Cornerstone Parking Inc. to provide for facility management and maintenance services for the Cedar Grove Parking Garage, located at 3950 Eagan Outlets Parkway and opened in August 2014. Landscape and winter maintenance services are also provided for the Redevelopment District under this contract. The contract provides a high level of service for winter maintenance of trails and sidewalks providing access to the Twin Cities Premium Outlets Center and landscape maintenance of City owned property and entry monuments. Under this contract, Cornerstone Parking has provided a high level of service within the Cedar Grove Parking Garage and Redevelopment District including cleaning, snow removal, electrical, painting, safety equipment, signs, structural inspection and exterior/landscape control for the past year. ➢ The original contract executed in August 2014 and extended in August 2015 provides for periodic review by the City and termination of the contract, if warranted, along with a City option for one year contract extensions in 2016 and 2017. The contract stipulates the City must give notice to Cornerstone of City intent to renew by May 1, 2016. ➢ A one year extension of the contract with Cornerstone Parking for Contract 14- 14 has been reviewed by Public Works (Engineering) staff and found to be in order for favorable Council action. Attachments: (0) Agenda Information Memo April 19, 2016 Eagan City Council Meeting CONSENT AGENDA P. Contract 16-16, Denmark Avenue Rain Gardens Rehabilitation Action To Be Considered: Receive the bid and award Contract 16-16 (Denmark Avenue Rain Gardens Rehabilitation) to Outdoor Lab Landscape Design, LLC for the bid in the amount of $9,947.00, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 16-16 provides for the rehabilitation of the street -side rain gardens along Denmark Avenue (Wescott Road to Crestridge Drive), originally installed in conjunction with the sidewalk and road narrowing project in 2006 in the same area. ➢ Rehabilitation work will affect all six rain gardens along Denmark Avenue and will include targeted basin deepening, new check dams, removal of metal sediment boxes, removal of fieldstone boulders, installation of mulch and edging. ➢ On June 2, 2015, the City Council authorized Water Quality improvements for Denmark Avenue Rain Gardens Rehabilitation as part of the 2015-2019 Capital Improvement Plan (CIP). ➢ On April 1, 2016, the bid quote was obtained for Contract 16-16. The bid has been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The bid of $9,947.00 from Outdoor Lab Landscape Design, LLC has been reviewed by the Public Works Department and found to be in order for favorable Council action. Attachments: (0) Agenda Information Memo April 19, 2016 Eagan City Council Meeting CONSENT AGENDA Q. Donation - Minnesota Valley In -Fisherman "School of Fish" Class Action To Be Considered: Approve a resolution to accept a donation of $200 from the Minnesota Valley In - Fisherman Club and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ For about 20 years, Minnesota Valley In -Fisherman (MVIF) Club has assisted the City's Water Resources staff during kid's fishing clinics and the biennial LakeFest activities. ➢ MVIF has donated $200 ($5/per student) to the Public Works Department (Water Resources) to offset a portion of the registration fees for a "School of Fish" class held on April 9, 2016. 39 residents ages 8+ attended the class at the Community Center. ➢ Mike Frisch, retired teacher, "Fishing the Midwest" television show host, and full- time walleye fishing guide, taught a 2 %Z hour "School of Fish" class. For only $10, each participant was taught about lures, knot tying, slip -bobber rigging and finding fish species. Kids attending received a new rod and reel, box of tackle, workbook, and other items (approximate $60 value) so they are ready to go fishing. Attachments: (1) CQ -1 Resolution CITY OF EAGAN RESOLUTION ACCEPTING DONATION "School of Fish" Class WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, the Minnesota Valley In -Fisherman (MVIF) Club has presented the Public Works Department (Water Resources) with a donation of $200 to offset a portion of the registration fees for a "School of Fish" class; and WHEREAS, Minnesota Statues 465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks the MVIF for their gracious and generous donation. ADOPTED this 191h day of April, 2016. By: Attest: Motion by: Seconded by: Those in Favor: Those Against: Date: CITY OF EAGAN CITY COUNCIL Mayor City Clerk Agenda Information Memo April 19, 2016, Eagan City Council Meeting PUBLIC HEARINGS A. Consider an Ordinance granting a Cable Franchise to Qwest Broadband Services, Inc. d/b/a CenturyLink Actions To Be Considered: 1. Adopt resolution containing recommended findings of fact regarding an Ordinance granting a Cable Franchise to Qwest Broadband Services, Inc., d/b/a CenturyLink 2. Adopt Ordinance Number 552 granting a Cable Franchise to Qwest Broadband Services, Inc., d/b/a CenturyLink 3. Adopt the summary of Ordinance Number 552 and direct it to be published Required: ➢ Public Hearing Facts: ➢ As detailed more fully in the attached Franchise Memo, the Proposed Findings of Fact and Resolution, last spring the City of Eagan received an inquiry from CenturyLink about initiating proceedings to obtain a cable franchise from the City. ➢ It has long been a goal of current and former City Councils to attract cable competition to provide Eagan residents a choice of providers. ➢ Notices of intent to solicit franchise proposals were published by the City in June, 2015, and in July an application was received from CenturyLink alone (not from Comcast or any other providers) and on July 21, 2015, a public hearing was held to review CenturyLink's application and determine if CenturyLink possesses the requisite qualifications to operate a cable system in the City. ➢ The City Council determined CenturyLink is a qualified applicant and negotiations with staff and our Franchise Attorney commenced. ➢ The negotiating team and the Finance Committee of the City Council concur that those negotiations have resulted in a franchise document ready for presentation to the City Council and the public. ➢ Following the opening of the public hearing, the City's Franchise Attorney Brian Grogan, of Moss & Barnett, will provide a brief presentation and overview of the negotiated Franchise and proposed Findings of Fact. ➢ Communications Director Tom Garrison, who represented the City, will offer brief concluding remarks. ➢ The applicant, CenturyLink, will be present, and Mr. Grogan, Director Garrison and CenturyLink representatives will be available to answer any questions should they arise from the public during the hearing or from the City Council as it deliberates. Attachments: (5) PHA -1 Franchise Memo from Attorney Brian Grogan PHA -2 Exhibit 1: Centuryl-ink Franchise, PHA -3 Exhibit 2: Proposed Findings of Fact & Resolution PHA -4 Slide Presentation for Council PHA -5 Proposed Summary of Ordinance for Publication MEMORANDUM To: Finance Committee and City Council - City of Eagan, Minnesota From: Brian Grogan, Esq. Date: March 21, 2016 Re: Competition in Cable Communications Franchising Executive Summary The City of Eagan, Minnesota (''City's is considering the grant of a competitive cable franchise to Qwest Broadband Services, Inc., d/b/a CenturyLink ("Centuryl-ink'� in a service area for which Comcast holds an existing franchise. This memorandum is intended to assist the Finance Committee and the City Council to consider the proposed CenturyLink Cable Television Franchise Ordinance ("Centuryl-ink Franchise') by summarizing the legal issues surrounding its terms that relate to competition in the cable communications industry. Details The City previously adopted a resolution finding CenturyLink to be legally, technically and financially qualified to provide cable communication services to residents of the City. In connection with that finding, the City Council authorized staff to negotiate with CenturyLink to seek mutually acceptable terms for the CenturyLink Franchise. Those negotiations are now complete and have resulted in the proposed CenturyLink Franchise enclosed as Exhibit 1. City staff also prepared for the Finance Committee's and City Council's review and consideration, written "findings of fact," enclosed as Exhibit 2, setting forth the factual and legal basis for the grant of the CenturyLink Franchise and the impact of relevant state and federal competitive cable franchise laws and regulations. 150 South Fifth Street I Suite 1200 Minneapolis, MN 55402 P:612-877-5000 F:612-877-5999 W:LawMoss.com City of Eagan, Minnesota March 21, 2016 Page 2 Build -out To help promote competition in and minimize unnecessary regulatory burdens on the communications industry, the Cable Communications Policy Act of 1984, as amended by the Consumer Protection and Competition Act of 1992 and Telecommunications Act of 1996 (the "Cable Act') prohibits local franchising authorities from granting exclusive cable communications franchises or unreasonably refusing to award an additional franchise to a qualified applicant.' Federal Communications Commission ("FCC'), which administers the Cable Act, addressed competitive cable franchising in its 2007 Report and Order and Further Notice of Rulemaking (generally referred to as the "621 Order" after its subject, Section 621 of the legislation that became the Cable Act). The 621 Order explained that an unreasonable refusal in contravention the Cable Act could occur not only by outright denial of a franchise application, but also by conditions that operate as de facto denials. One variety of de facto denial addressed by the 621 Order is the imposition of unreasonable build out requirements that act as a barrier for an additional cable provider to enter a market with an existing franchise: Build -out requirements deter market entry because a new entrant generally must take customers from the incumbent cable operator .... Because the second provider realistically cannot count on acquiring a share of the market similar to incumbent's share, the second entrant cannot justify a large initial deployment. Rather, a new entrant must begin offering service within a smaller area to determine whether it can reasonably ensure a return on its investment before expanding.' ' 47 U.S.C. § 541(a)(1). 2 621 Order at 135. City of Eagan, Minnesota March 21, 2016 Page 3 The 621 Order did not prohibit all build out requirements, but instead provided examples of unreasonable build out requirements - and of reasonable ones, such as a small initial and required expansion triggered by market success.' Minnesota Statutes Chapter 238, which establishes statewide cable communications requirements, also addresses build out by requiring "a provision in initial franchises identifying. a schedule showing: ... that construction throughout the authorized franchise area must be substantially completed within five years of the granting of the franchise.i4 CenturyLink takes position that Minnesota's five year build out requirement is unreasonable under the 621 Order is therefore preempted by the federal law. Comcast disagrees and points to the FCC's recent reaffirmation that the 621 Order's rulings "were intended to apply only to the local franchising process and not to franchising laws and decisions at the state level." The CenturyLink Franchise addresses this issue by requiring a modest initial deployment (at least 15% of the service area within two years) and linking build out requirements to market -success benchmarks that CenturyLink must use its best efforts to meet, but granting the City's sole discretion to determine, at the end of five years, whether CenturyLink has fulfilled its build out obligations to qualify for renewal of the franchise.6 Competitive Equity The Minnesota Cable Communications Statutes also contain a general level -playing -field (i.e., "competitive equity') provision that requires that an additional franchise include no terms conditions "more favorable or less burdensome than those in the existing franchise pertaining (1) the area served; (2) public, educational, or governmental access requirements; or (3) ' Id. at $ 89-90. 4 Minn. Stat. § 238.084, subd. 1(m). 5 621 Order at $ 7, cited in letter dated July 20, 2015 6 CenturyLink Franchise §§ 2.7 and 2.9. City of Eagan, Minnesota March 21, 2016 Page 4 fees."7 Minnesota courts have interpreted this provision as requiring "substantially similar" - than identical - terms.$ Several attempts have been made to ensure that the CenturyLink Franchise is substantially similar to Comcast's existing franchise: first, the Comcast franchise served as the base document for negotiation of the CenturyLink Franchise; second, the fee percentage required by the CenturyLink Franchise is identical to that required by Comcast's franchise; third, the geographic area (after complete build -out) of the CenturyLink Franchise matches the area specified in Comcast's franchise; and fourth, the CenturyLink Franchise CenturyLink to require substantially similar - if not greater - public, educational, and access. Findings of Fact As previously indicated, whether the City ultimately grants or denies the proposed CenturyLink Franchise, it must examine all of the evidence presented to it, weigh the facts, and apply the correct legal standards. Enclosed as Exhibit 2 are draft findings of fact generally supporting a decision to approve the CenturyLink Franchise. With the caveat that best practices dictate that the final findings of fact should respond to any evidence or argument against approval, the attached findings of fact may serve as a useful starting point if the City Council elects to grant the CenturyLink Franchise. 31922820 7 Minn. Stat. § 238.08, subd. 1(b). s See WH Link, LLC v. City of Otsego, 664 N.W.2d 390, 396 (Minn. Ct. App. 2003). EXHIBIT 1 CenturyLink Franchise Exhibit 1 CITY OF EAGAN, MINNESOTA ORDINANCE GRANTING A CABLE TELEVISION FRANCHISE TO QWEST BROADBAND SERVICES, INC. D/B/A CENTURYLINK Dated: Apri119, 2016 3017040x8 TABLE OF CONTENTS SECTION 1. SHORT TITLE AND DEFINITIONS...............................................................1 1. Short Title.............................................................................................................. 1 2. Definitions..............................................................................................................2 SECTION 2. GRANT OF AUTHORITY AND GENERAL PROVISIONS ........................ 9 1. Franchise Required............................................................................................... 9 2. Grant of Franchise.............................................................................................. 10 3. Grant of Nonexclusive Authority.:.................................................................... 10 4. Lease or Assignment Prohibited........................................................................ 11 5. Franchise Term................................................................................................... 12 6. Franchise Area.................................................................................................... 12 7. Initial Build Out.................................................................................................. 12 8. Quarterly Meetings............................................................................................. 12 9. Additional Build -Out Based on Market Success .............................................. 13 10. Nondiscrimination...............................................................................................13 11. Standard Installation.......................................................................................... 14 12. Multiple Dwelling Units...................................................................................... 14 13. Compliance with Applicable Laws, Resolutions and Ordinances .................. 14 14. Rules of Grantee.................................................................................................. 15 15. Territorial Area Involved................................................................................... 15 16. Written Notice..................................................................................................... 15 SECTION 3. CONSTRUCTION STANDARDS...................................................................16 1. Registration, Permits and Construction Codes ................................................ 16 2. Restoration of Rights -of -Way and Property .................................................... 16 3. Conditions on Right -of -Way Use....................................................................... 17 4. Use of Existing Poles and Undergrounding of Cable ....................................... 18 5. Installation of Facilities...................................................................................... 19 6. Safety Requirements........................................................................................... 19 7. Removal of Facilities at Expiration of Franchise ............................................. 20 8. Right -of -Way Meetings...................................................................................... 20 3017040v8 9. Joint Trenching................................................................................................... 20 10. Maps..................................................................................................................... 20 11. Main Roads and Streets...................................................................................... 20 12. Discontinuing Use/Abandonment of Cable System Facilities ......................... 21 13. Stop Work............................................................................................................ 21 SECTION 4. DESIGN PROVISIONS.................................................................................... 21 1. System Facilities and Equipment...................................................................... 21 2. Interconnection................................................................................................... 24 3. System and Institutional Network..................................................................... 26 4. Line Extension Requirements............................................................................ 26 5. System Specifications.......................................................................................... 27 6. System Maintenance........................................................................................... 27 7. System Tests and Inspections; Special Testing ................................................ 27 8. FCC Reports........................................................................................................ 28 9. Nonvoice Return Capability............................................................................... 28 10. Lockout Device.................................................................................................... 28 11. Types of Service................................................................................................... 28 12. Home Wiring....................................................................................................... 28 13. Customer Service Monitoring............................................................................ 29 SECTION 5. SERVICE PROVISIONS................................................................................. 29 1. Customer Service Standards.............................................................................. 29 2. Video Programming............................................................................................ 29 3. Sales Procedures.................................................................................................. 30 4. Subscriber Inquiry and Complaint Procedures ............................................... 30 5. Installations, Outages and Service Calls........................................................... 31 6. Subscriber Contracts.......................................................................................... 32 7. Service Credit...................................................................................................... 32 8. Refunds or Credits.............................................................................................. 32 9. Late Fees.............................................................................................................. 33 10. Communications between Grantee and Subscribers ....................................... 33 11. Billing...............................................................................:................................... 34 12. Subscriber Rights................................................................................................ 35 ii. 3017040v8 13. Subscriber Privacy.............................................................................................. 36 14. Exclusive Contracts and Anticompetitive Acts Prohibited ............................. 36 15. Local Office and Drop Boxes............................................................................. 37 SECTION 6. ACCESS CHANNEL(S) PROVISIONS......................................................... 38 1. Public, Educational and Governmental Access ................................................ 38 2. Eagan Mosaic Channels..................................................................................... 39 3. PEG Access Channel Quality............................................................................. 41 4. Video On Demand............................................................................................... 41 5. PEG Support Obligations.................................................................................. 42 6. Metro Cable Network Channel 6....................................................................... 44 7. Leased Access Channels..................................................................................... 44 8. Subscriber Network Drops to Designated Buildings ....................................... 44 SECTION 7. OPERATION AND ADMINISTRATION PROVISIONS ............................ 46 1. Administration of Franchise.............................................................................. 46 2. Delegated Authority............................................................................................ 46 3. Franchise Fee....................................................................................................... 46 4. Not Franchise Fees.............................................................................................. 48 5. Access to Records................................................................................................ 48 6. Records Required................................................................................................ 48 7. Reports and Maps to be Filed with City........................................................... 49 8. Periodic Evaluation............................................................................................. 50 SECTION 8. GENERAL FINANCIAL AND INSURANCE PROVISIONS ..................... 50 1. Performance Bond.............................................................................................. 50 2. Letter of Credit................................................................................................... 51 3. Indemnification of City....................................................................................... 53 4. Insurance............................................................................................................. 54 SECTION 9. SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE..................................................................................................... 55 1. City's Right to Revoke........................................................................................ 55 2. Procedures for Revocation................................................................................. 55 3. Abandonment of Service.................................................................................... 55 4. Removal After Abandonment, Termination or Forfeiture ............................. 56 30170400 5. Sale or Transfer of Franchise............................................................................ 56 SECTION 10. PROTECTION OF INDIVIDUAL RIGHTS ................................................. 58 1. Discriminatory Practices Prohibited................................................................. 58 SECTION 11. UNAUTHORIZED CONNECTIONS AND MODIFICATIONS ................. 58 1. Unauthorized Connections or Modifications Prohibited ............................... 58 2. Removal or Destruction Prohibited................................................................. 58 3. Penalty................................................................................................................58 SECTION 12. MISCELLANEOUS PROVISIONS................................................................ 58 1. Franchise Renewal............................................................................................ 58 2. Work Performed by Others....................................................................:......... 59 3. Amendment of Franchise Ordinance.............................................................. 59 4. Compliance with Federal, State and Local Laws ........................................... 59 5. Nonenforcement by City................................................................................... 60 6. Rights Cumulative............................................................................................. 60 7. Grantee Acknowledgment of Validity of Franchise ....................................... 60 8. Force Majeure.................................................................................................... 60 9. Governing Law.................................................................................................. 61 10. Captions and References ............................... :................................................... 61 11. Rights of Third Parties...................................................................................... 61 12. Merger of Documents........................................................................................ 61 SECTION 13. PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS. 61 1. Publication......................................................................................................... 61 2. Acceptance......................................................................................................... 61 3. Binding Acceptance........................................................................................... 62 EXHIBIT A SERVICE TO DESIGNATED PUBLIC BUILDINGS EXHIBIT B FRANCHISE FEE PAYMENT WORKSHEET EXHIBIT C INDEMNITY AGREEMENT iv 30170400 ORDINANCE NO. AN ORDINANCE GRANTING A FRANCHISE TO QWEST BROADBAND SERVICES, INC. D/B/A CENTURYLINK TO OPERATE, AND MAINTAIN A CABLE SYSTEM IN THE CITY OF EAGAN, MINNESOTA FOR THE PURPOSE OF PROVIDING CABLE SERVICE; PROVIDING FOR REGULATION AND USE OF THE PUBLIC RIGHTS-OF-WAY IN CONJUNCTION WITH THE CITY CODE, PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN. The City Council of the City of Eagan, Minnesota ordains: STATEMENT OF INTENT AND PURPOSE The City of Eagan, Minnesota ("City") pursuant to applicable federal and state law is authorized to grant one (1) or more nonexclusive cable television franchises to construct, operate, maintain and reconstruct cable television systems within the City limits. Negotiations between Qwest Broadband Services, Inc. d/b/a CenturyLink ("Grantee") and the City have been completed and the franchise approval process followed in accordance with the guidelines established by the City Code, Minnesota Statutes Chapter 238 and the Cable Act (47 U.S.C. §546). Adoption of this Franchise is, in the judgment of the Council, in the best interests of the City and its residents. FINDINGS In the review of the request and proposal for a cable franchise by Grantee and negotiations related thereto, and as a result of a public hearing, the City Council makes the following findings: 1. The Grantee's technical ability, financial condition, legal qualifications, and character were considered and approved in a full public proceeding after due notice and a reasonable opportunity to be heard; 2. Grantee's plans for operating and maintaining the Cable System were considered and found adequate and feasible in a full public proceeding after due notice and a reasonable opportunity to be heard; 3. The Franchise granted to Grantee by the City complies with the existing applicable Minnesota Statutes, federal laws and regulations; and 4. The Franchise granted to Grantee is nonexclusive. SECTION 1. SHORT TITLE AND DEFINITIONS 1. Short Title. This Franchise Ordinance shall be known and cited as the Competitive Cable Franchise Ordinance. 3017040v8 2. Defmitions. For the purposes of this Franchise, the following terms, phrases, words, abbreviations and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular number; words in the singular number include the plural; and the masculine gender includes the feminine gender. Unless otherwise expressly stated, words not defined herein or in the City Code shall be given the meaning set forth in applicable law and, if not defined therein, the words shall be given their common and ordinary meaning. The word "shall" is always mandatory and not merely directory. The word "may" is directory and discretionary and not mandatory. a. "Actual Cost" means the incremental cost to the Grantee of materials and labor necessary to install and construct facilities, fiber or equipment with no markup, to the extent perinitted by applicable law. b. "Affiliate" means any Person who owns or controls, is owned or controlled by or is under common ownership or control with the Grantee. C. "Basic Cable Service" means any service tier which includes the lawful retransmission of local television broadcast signals and any public, educational, and governmental access programming required by the Franchise to be carried on the basic tier. Basic Cable Service as defined herein shall not be inconsistent with 47 U.S.C. § 543(b)(7). d. "Cable Act" means the Cable Communications Policy Act of 1984, 47 U.S.C. §§ 521 et seq., as amended by the Cable Television Consumer Protection and Competition Act of 1992, as further amended by the Telecommunications Act of 1996, as further amended from time to time. e. Cable Service" or "Service" means (1) the one-way transmission to Subscribers of video programming or other programming services; and (2) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming services. f. "Cable System" or "System" means a system that (1) provides the service of receiving and amplifying (i) programs broadcast by one or more television or radio stations and (ii) other programs originated by a Person operating a Cable System or by another Person, and (2) distributes those programs by wire, cable, microwave, or other means, regardless of whether the means are owned or leased, to Persons who subscribe to the service. Unless otherwise specified, it shall in this document refer to the Cable System used by the Grantee in the City under this Franchise. This definition does not include: i. a System that serves fewer than fifty (50) Subscribers or a System that serves more than one thousand (1,000) Subscribers if the governing bodies of all political subdivisions served by the System, vote by resolution, to remove the System from the provisions of this chapter; provided that: 3017040x8 (A) no part of a System, nor any area within the City served by the System, may be removed from the provisions of this section if more than one thousand (1,000) Subscribers are served by the System; and (B) any System serving more than fifty (50) but fewer than one thousand (1,000) Subscribers that has been removed from the provisions of this section becomes subject to the provisions of this section if the governing bodies of fifty percent (50%) or more of the political subdivisions served by the System vote, by resolution, in favor of the return; ii. a master antenna television system; iii. a specialized closed-circuit system that does not use the public Rights -of - Way for the construction of its physical plant; and iv. a translator system that receives and rebroadcasts over -the -air signals. g. "Channel" or "Cable Channel" means a portion of the electromagnetic frequency spectrum available on the System, or such smaller frequency spectrum as may be specified herein, that is capable of delivering a cable television channel as defined in 47 CFR 76.5(r), (s), and (t) or other applicable FCC regulation. This may include, but not be limited to, time or frequency slots, or technical equivalents, discretely identified and capable of carrying full motion, linear, color video and audio, along with other nonvideo subcarriers and other digital information. h. "City" means the City of Eagan, Minnesota, a municipal corporation, in the State of Minnesota, acting by and through its City Council, or its lawfully appointed designee. i. "City Code" means the Eagan City Code, as amended from time to time. j. "City Council" means the governing body of the City. k. "Class IV Cable Channel" means a signaling path provided by a Cable System to transmit signals of any type from a Subscriber terminal to another point in the System. "Demarcation Point" For purposes of free Cable Service Drops to public buildings, a Demarcation Point for Drops shall be a point agreed upon by Grantee and the City. M. "Drop" means the cable that connects the ground block on the Subscriber's residence or institution to the nearest feeder cable of the System. 30170400 n. "Eagan Mosaic Channel" means a Channel which displays miniaturized media screens and related information for a particular group of City PEG Channels. The Eagan Mosaic Channel serves as a gateway navigation tool for Subscribers, which displays the group of City PEG Channels on a single Channel screen and also provides for easy navigation to a chosen City PEG Channel. o. "Educational Access Channel" or "Educational Channel" means any Channel on a System set aside by the Grantee, for use by educational institutions, as contemplated by applicable law. P. "Effective Date" shall mean date this Ordinance is published. The date of publication shall be preceded by execution by the Grantee and approval and execution by the City. q. "FCC" means the Federal Communications Commission, its designee, and any legally appointed, designated or elected agent or successor. "Franchise" or "Cable Franchise" means this ordinance, as may be amended from time to time, any exhibits attached hereto and made a part hereof, and the regulatory and contractual relationship established hereby. "Franchise Area" means the entire geographic area within the City as it is now constituted or may in the future be constituted. "Franchise Fee" shall mean the fee assessed by the City to Grantee, in consideration of Grantee's right to operate the Cable System within the City's Rights -of -Way, determined in amount as a percentage of Grantee's Gross Revenues and limited only by the maximum percentage allowed for such assessment by federal law. The term Franchise Fee does not include the exceptions noted in 47 U.S.C. §542(g)(2)(A-E) or any other applicable law. U. "GAAP" means generally accepted accounting principles as promulgated and defined by the Financial Accounting Standards Board ("FASB"), Emerging Issues Task Force ("EITF") and/or the U.S. Securities and Exchange Commission ("SEC"). V. "Governmental Access Channel" or "Governmental Channel" means any Channel on the System set aside by the Grantee, for use by the City or its delegatee. W. "Grantee" is Qwest Broadband Services, Inc. d/b/a CenturyLink and its lawful successors, transferees or assignees. X. "Gross Revenues" means, and shall be construed broadly to include, all amounts in whatever form and from all sources derived directly or indirectly by Grantee and/or an Affiliate from the operation of Grantee's Cable System to provide Cable Services within the Franchise Area. Gross Revenues include, by way of illustration and not limitation: 4 3017040v8 i. Fees for Cable Services, regardless of whether such Cable Services are provided to residential or commercial Subscribers, including revenues derived from the provision of all Cable Services (including but not limited to pay or premium Cable Services, digital Cable Services, pay-per-view, pay -per -event, audio channels and video -on -demand Cable Services); ii. Installation, disconnection, reconnection, downgrade, upgrade, maintenance, repair, or similar charges associated with Subscriber Cable Service; iii. fees paid to Grantee for Channels designated for commercial/leased access use; which shall be allocated on a proportionate basis using total Cable Service Subscribers within the Franchise Area; iv. Converter, remote control, and other Cable Service equipment rentals, leases, or sales; V. Payments for pre -paid Cable Services and/or equipment; vi. Advertising Revenues as defined herein; vii. Fees including, but not limited to: (1) late fees, convenience fees and administrative fees; and (2) Franchise Fees; viii. Revenues from program guides; and ix. Commissions from home shopping channels and other Cable Service revenue sharing arrangements which shall be allocated on a proportionate basis using total Cable Service Subscribers within the Franchise Area. X. Gross Revenues" shall not be net of: (1) any operating expense; (2) any accrual, including without limitation, any accrual for commissions to Affiliates; or (3) any other expenditure, regardless of whether such expense, accrual, or expenditure reflects a cash payment. "Gross Revenues", however, shall not be double counted. Revenues of both Grantee and an Affiliate that represent a transfer of funds between the Grantee and the Affiliate, and that would otherwise constitute Gross Revenues of both the Grantee and the Affiliate, shall be counted only once for purposes of determining Gross Revenues. Similarly, operating expenses of the Grantee which are payable from Grantee's revenue to an Affiliate and which may otherwise constitute revenue of the Affiliate, shall not constitute additional Gross Revenues for the purpose of this Franchise. "Gross Revenues" shall include amounts earned by Affiliates only to the extent that Grantee could, in concept, have earned such types of revenue in connection with the operation of Grantee's Cable System to provide Cable Services and recorded such types of revenue in its books and Records directly, but for the existence of Affiliates. "Gross Revenues" shall not include -sales taxes imposed by law on Subscribers 3017040x8 that the Grantee is obligated to collect. With the exception of recovered bad debt, "Gross Revenues" shall not include bad debt. (A) "Advertising Revenues" shall mean amounts derived from sales of advertising that are made available to Grantee's Cable System Subscribers within the Franchise Area and shall be allocated on a pro rata basis using total Cable Service Subscribers reached by the advertising. Whenever Grantee acts as the principal in advertising arrangements involving representation fines and/or advertising Interconnects and/or other multichannel video providers, Advertising Revenues subject to Franchise Fees shall include the total amount from advertising that is sold, and not be reduced by any operating expenses (e.g., "revenue offsets" and "contra expenses" and "administrative expenses" or similar expenses), or by fees, commissions, or other amounts paid to or retained by affiliated advertising representation firms to Grantee or their successors involved with sales of advertising on the Cable System within the Franchise Area. (B) "Gross Revenues" shall not include: i. Actual Cable Services bad debt write-offs, except any portion which is subsequently collected which shall be allocated on a pro rata basis using Cable Services revenue as a percentage of total Grantee revenues within the Franchise Area; ii. Any taxes and/or fees on services furnished by Grantee imposed on Subscribers by any municipality, State or other govenunental unit, provided that the Franchise Fee shall not be regarded as such a tax or fee; iii. Launch fees and marketing co-op fees; and, iv. Revenues associated with the provision of managed network services provided under separate business contract. V. Unaffiliated third party advertising sales agency fees or commissions which are reflected as a deduction from revenues, except when Grantee acts as a principal as specified in paragraph (A) immediately above. (C) To the extent revenues are derived by Grantee for the provision of a discounted bundle of services which includes Cable Services and non -Cable Services, Grantee shall calculate revenues to be included in Gross Revenues using a methodology that allocates revenue on a pro rata basis when comparing the bundled service price and its components to the sum of the published rate card 30170400 prices for such components. In the alternative, Grantee may calculate revenues to be included in Gross Revenues by applying a unifonn price discount equally to each Cable Service and non - Cable Service component of a discounted bundle of services. Except as required by specific federal, State or local law, it is expressly understood that equipment may be subject to inclusion in the bundled price at full rate card value. The calculation shall be applied to every bundled service package containing Cable Service from which Grantee derives revenues in the Franchise Area. The City reserves its right to review and to challenge Grantee's calculations. Example: Prior to any bundle -related price reduction, if Cable Service is valued at 50% of the total of the services to be offered in a bundle, then Cable Service is to be valued and reported as being no less than fifty percent (50%) of the price of the bundled service total. (D) Grantee reserves the right to change the allocation methodologies set forth in paragraph (C) above to meet standards mandated by the Financial Accounting Standards Board ("FASB"), Emerging Issues Task Force ("EITF") and/or the U.S. Securities and Exchange Commission ("SEC"). City acknowledges and agrees that Grantee shall calculate Gross Revenues in a imaimer consistent with GAAP where applicable; however, the City reserves its right to challenge Grantee's calculation of Gross Revenues, including Grantee's interpretation of GAAP and Grantee's interpretation of FASB, EITF and SEC directives. Grantee agrees to explain and document the source of any change it deems required by FASB, EITF and SEC concurrently with any Franchise -required document at the time of submittal, identifying each revised section or line item. (E) City agrees and acknowledges that Grantee shall maintain its books and Records in accordance with GAAP. Y. "Installation" means the connection of the System from feeder cable to the point of connection with the Subscriber Set Top Box or other tenninal equipment. Z. "Interactive Services" are those services provided to Subscribers whereby the Subscriber either (a) both receives information consisting of either television or other signal and transmits signals generated by the Subscriber or equipment under his/her control for the purpose of selecting what information shall be transmitted to the Subscriber or for any other purpose or (b) transmits signals to any other location for any purpose. aa. "Leased Access Channel" means Channels on the System which are designated or dedicated for use by a Person unaffiliated with the Grantee pursuant to 47 U.S.C. § 532. 30170400 bb. "Living Unit" means a distinct address as tracked in the QC network inventory, used by CenturyLink to identify existing or potential Subscribers. This includes, but is not limited to; single family homes, multi -dwelling units (e.g., apartment buildings and condominiums) and business locations. CC. "Lockout Device" means an optional mechanical or electrical accessory to a Subscriber's terminal which inhibits the viewing of a certain program, certain Channel, or certain Channels provided by way of the Cable System. dd. "Normal Business Hours" means those hours during which most similar businesses in City are open to serve customers. In all cases, "Normal Business Hours" must include some evening hours, at least one (1) night per week and/or some weekend hours. ee. "Normal Operating Conditions" means those service conditions that are within the control of the Grantee. Conditions that are ordinarily within the control of the Grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, maintenance or upgrade of the System, and the development, operation or maintenance of the Grantee's telephone system. Conditions that are not within the control of the Grantee include, but are not limited to, natural disasters, civil disturbances, power outages that extend beyond typical duration, telephone network outages, and severe or unusual weather conditions. f£ "Pay Service" means programming (such as certain on -demand movie channels or pay-per-view programs) offered individually to Subscribers on a per -channel, per -program event basis. gg. "PEG" means public, educational, and govermnental. hh. "Person" means any individual, partnership, association, joint stock company, joint venture, domestic or foreign corporation, stock or non -stock corporation, limited liability company, professional limited liability corporation, or other organization of any kind, or any lawful successor or transferee thereof, but such tern does not include the City. ii. "Public Access Channel(s)" means any Channel on the System set aside by the Grantee, for use by the general public, as contemplated by applicable law. jj. "QC" means Qwest Corporation d/b/a CenturyLink ("QC"), an Affiliate of Grantee and its lawful successors, transferees or assignees. kk. "Qualified Living Unit" means a Living Unit which meets the minimum technical qualifications defined by Grantee for the provision of Cable Service. A Living Unit receiving a minimum of 25 Mbps downstream will generally be capable of receiving Cable Service subject to Grantee performing certain network grooming and conditioning. 3017040x8 11. "Remote Terminal" means a facility that is located in a neighborhood, which houses the electronics used to support the provision of Cable Services. mm. "Right -of -Way" or "Rights -of -Way" means the surface, air space above the surface and the area below the surface of any public street, highway, lane, path, alley, sidewalk, trail, avenue, boulevard, drive, court, concourse, bridge, tunnel, park, parkway, skyway, waterway, dock, bulkhead, wharf, pier, easement or similar property or waters within the City owned by or under control of the City, or dedicated or otherwise conveyed to the City for general public use, including, but not limited to, any riparian right, which, consistent with the purposes for which it was created, obtained or dedicated, may be used for the purpose of installing, operating and maintaining a System. No reference herein to a "Right - of -Way" shall be deemed to be a representation or guarantee by the City that its interest or other right to control or use such property is sufficient to permit its use for the purpose of installing, operating and maintaining the System. nn. "Service Interruptions" means the loss of picture or sound on one (1) or more Cable Channels. oo. "Set Top Box" means an electronic device which converts signals to a frequency acceptable to a television receiver of a Subscriber, and by an appropriate selector permits a Subscriber to view all Subscriber signals included in the Subscriber' s service. pp. "Standard Installation" means any residential Installation which can be completed to a Qualified Living Unit. qq. "State" means the State of Minnesota, its agencies and departments. rr. "Subscriber" means any Person who lawfully receives service via the System. In the case of multiple office buildings or multiple dwelling units, the term "Subscriber" means the lessee, tenant or occupant. ss. "Wireline MVPD" means a multichannel video programining distributor that utilizes the Rights -of -Way to install cable or fiber and is engaged in the business of making available for purchase, by Subscribers, multiple Channels of video programming in the City. SECTION 2. GRANT OF AUTHORITY AND GENERAL PROVISIONS 1. Franchise Required. a. Other than the City, it shall be unlawful for any Person, unless specifically required by applicable laws, to construct, install, operate or maintain a Cable System or to offer Cable Service in the City, unless such Person or the Person for whom such action is being taken shall have first obtained and shall currently hold a valid franchise. Grantee promises and guarantees, as a condition of exercising the privileges granted by this Franchise, that any Affiliate of the Grantee involved 30170400 in the offering of Cable Service in the City, or directly involved in the ownership, management or operation of the Cable System in the City, shall also comply with all obligations of this Franchise. However, the City and Grantee acknowledge that QC will be primarily responsible for the construction and installation of the facilities in the Rights -of -Way which will be utilized by Grantee to provide Cable Services. So long as QC does not provide Cable Service to Subscribers in the City, QC will not be subject to the terins and conditions contained in this Franchise. QC's installation and maintenance of facilities in the Rights -of -Way is governed by applicable local, State and federal law. To the extent Grantee constructs and installs facilities in the Rights -of -Way, such installation will be subject to the terms and conditions contained in this Franchise. Grantee is responsible for all provisions in this Franchise related to: 1) its offering of Cable Services in the City; and 2) the operation of the Cable System regardless of what entity owns or constructs the facilities used to provide the Cable Service. The City and Grantee agree that to the extent QC violates any applicable federal, State, or local laws, rules, and regulations, the City shall first seek compliance directly from QC. In the event the City cannot resolve these violations or disputes with QC, then the City may look to Grantee to ensure such compliance. Failure by Grantee to ensure QC's or any other Affiliate's compliance with applicable local, State and federal laws, rules, and regulations, shall be deemed a material breach of this Franchise by Grantee. b. The City will send any notices regarding compliance with this Franchise to Grantee. If the Grantee maintains that such notice should have been sent to QC or any other Affiliate, Grantee agrees that it will not assert as a defense that such notice is not valid because such notice was not sent to QC or any other Affiliate. 2. Grant of Franchise. The City hereby authorizes Grantee to occupy or use the City's Rights -of -Way subject to: 1.) the provisions of this non-exclusive Franchise to provide Cable Service within the City; and 2) all applicable provisions of the City Code. Said Franchise shall constitute both a right and an obligation to provide Cable Services as required by the provisions of this Franchise. Nothing in this Franchise shall be construed to prohibit Grantee from: (1) providing services other than Cable Services to the extent not prohibited by applicable law; or (2) challenging any exercise of the City's legislative or regulatory authority in an appropriate forum. The City hereby reserves all of its rights to regulate such other services to the extent not prohibited by Applicable Law and no provision herein shall be construed to limit or give up any right to regulate. 3. Grant of Nonexclusive Authority. a. This Franchise does not confer any rights other than as expressly provided herein, or as provided by federal, State or local law. No privilege or power of eminent domain is bestowed by this Franchise or grant. The System constructed and maintained by Grantee or its agents pursuant to this Franchise shall not interfere with other uses of the Rights -of -Way. The Grantee shall make use of existing poles and other aerial and underground facilities available to the Grantee to the extent it is technically and economically feasible to do so. Nothing in this section 10 3017040x8 authorizes the Grantee to construct poles in the City without prior City consent consistent with the City Code. b. Notwithstanding the above grant to use Rights -of -Way, no Right -of -Way shall be used by the Grantee if the City detennines that such use is inconsistent with the tenns, conditions, or provisions by which such Right -of -Way was created or dedicated, or with the present use of the Right -of -Way. C. This Franchise and the right it grants to use and occupy the Rights -of -Way shall not be exclusive and this Franchise does not explicitly or implicitly preclude the issuance of other franchises or similar authorizations to operate Cable Systems within the City. d. The City specifically reserves the right to grant, at any time, such additional franchises for a Cable System, as it deems appropriate provided, however, such additional grants shall not operate to materially modify, revoke, or tenninate any rights previously granted to Grantee other than as described herein. At a minimum, the City shall comply with Minn. Stat. § 238.08, subd. 1(b) and subd. 1(c) when granting such additional franchise. e. If after the Effective Date of this Franchise, any other Wireline MVPD enters into any written agreement with the City to provide multichannel video programming or its equivalent to residents in the City, the City, upon written request of the Grantee, shall pen -nit the Grantee to construct and/or operate its Cable System and provide multichannel video programming or its equivalent to Subscribers in the City under the identical written agreement as applicable to the new Wireline MVPD. Within one hundred eighty (180) days after the Grantee submits a written request to the City, the Grantee and the City shall enter into a written agreement or other appropriate authorization (if necessary) containing the identical teens and conditions as are applicable to the new Wireline MVPD. f. This Franchise authorizes only the use of Rights -of -Way for the operation of a System. Therefore, the grant of this Franchise and the payment of Franchise Fees hereunder shall not exempt the Grantee from the obligation to pay compensation or fees for the use of City property, both real and personal, other than the Rights - of -Way, provided, however, that such compensation or fees are required by City ordinance, regulation or policy and are non-discriminatory. 4. Lease or Assignment Prohibited. No Person may lease Grantee's System for the purpose of providing Cable Service until and unless such Person shall have first obtained and shall currently hold a valid franchise or other lawful authorization containing substantially similar burdens and obligations to this Franchise, including, without limitation, a requirement on such Person to pay Franchise Fees on such Person's use of the System to provide Cable Services, to the extent there would be such a requirement under this Franchise if the Grantee itself were to use the System to provide such Cable Service. Any assignment of rights under this Franchise shall be subject to and in accordance with the requirements of Section 9.5. 11 3017040x8 5. Franchise Term. This Franchise shall be in effect for a period of five (5) years from the Effective Date, unless terminated sooner as hereinafter provided. Six (6) months prior to the expiration of the initial five (5) year tenn, if City determines that Grantee is in compliance with all other material terms of this Franchise including the build out obligations set forth in this Franchise as required by Applicable Law, the City shall have the unilateral right to extend the Franchise for an additional term of no less than five (5) years and no more than ten (10) years. 6. Franchise Area. The Grantee is hereby authorized to provide Cable Services over a Cable System within the jurisdictional boundaries of the City, including any areas annexed by the City during the term of this Franchise. The parties acknowledge that Grantee is not the first entrant into the wireline video market in the City. The Grantee acknowledges that the City desires wireline competition throughout the entire City so all residents may receive the benefits of competitive Cable Services. Grantee aspires to provide Cable Service to all households within the City by the end of the five (5) year terin of this Franchise. Grantee agrees that its deployment of Cable Service in the City will be geographically dispersed throughout the City, and shall be made available to diverse residential neighborhoods of the City without discrimination. This Franchise governs any Cable Services provided by Grantee to residential and conunercial Subscribers. 7. Initial Build Out. No later than the second anniversary of the Effective Date of this Franchise, Grantee shall be capable of serving a minimum of fifteen percent (15%) of the City's households with Cable Service; provided, however, Grantee will make its best efforts to complete such deployment within a shorter period of time. Grantee commits that a material and substantial portion of its investment and its deployment of Cable Services in the City, whether mandated by Section 2.8 below or on a voluntary basis, will include a significant number of households below the median income in the City. Nothing in this Franchise shall restrict Grantee from serving additional households in the City with Cable Service. 8. Quarterly Meetings. In order to permit the City to monitor and enforce the provisions of this section and other provisions of this Franchise, the Grantee shall, upon demand, promptly make available to the City snaps and other documentation showing exactly where within the City the Grantee is currently providing Cable Service. Grantee shall meet with the City, not less than once quarterly, to demonstrate Grantee's compliance with the provisions of this section concerning the deployment of Cable Services in the City including, by way of example, the provision of Section 2.7 in which Grantee commits that a significant portion of its initial investment and its deployment of Cable Services in the City will be targeted to households below the City's median household income, and the provisions of Sections 2.10 that prohibit discrimination in the deployment of Cable Services on the basis of the income level of the residents. In order to pen -nit the City to monitor and enforce the provisions of this section and other provisions of this Franchise, the Grantee shall, commencing on or about August 15, 2016, and continuing throughout the term of this Franchise, meet quarterly with the City (unless said meeting is waived by City) and snake available reports and maps showing the City the following information: 12 3017040x8 a. The total number of Living Units throughout the City; b. The total number of Qualified Living Units; C. Information demonstrating Grantee commitment that a significant portion of Grantee's initial investment and Grantee's deployment of Cable Services in the City has been targeted to households below the City's median household income; d. A list of the public buildings and educational institutions that are Qualified Living Units in the City; and C. Grantee shall provide information and respond in a timely manner to any questions or issues raised by City regarding Cable Services and the Cable System serving the City. The quarterly meetings shall be conducted at a time and location chosen by the City (taking into account Grantee's schedule) and the agenda for the meeting shall be prescribed by the City (with input from the Grantee) following the format set forth in this Section 2.8. 9. Additional Build -Out Based on Market Success. If, at any quarterly meeting, including any quarterly meeting prior to the second anniversary of the Effective Date of this Franchise as referenced in Section 2.8 herein, Grantee is actually serving twenty seven and one-half percent (27.5%) of the households capable of receiving Cable Service, then Grantee agrees the minimum build -out commitment shall increase to include all of the households then capable of receiving Cable Service plus an additional fifteen (15%) of the total households in the City, which Grantee agrees to serve within two (2) years from the quarterly meeting; provided, however, the Grantee shall make its best efforts to complete such deployment within a shorter period of time. For example, if, at a quarterly meeting with the City, Grantee shows that it is capable of serving sixty percent (60%) of the households in the City with Cable Service and is actually serving thirty percent (30%) of those households with Cable Service, then Grantee will agree to serve an additional fifteen percent (15% o) of the total households in the City no later than two (2) years after that quarterly meeting (a total of seventy-five percent (75%) of the total households). This additional build -out based on market success shall continue until every household in the City is served. 10. Nondiscrimination. Grantee shall provide Cable Service under non-discriminatory rates and reasonable terms and conditions to all Subscribers who reside in Living Units in any location where the Grantee is capable of providing Cable Service. Grantee shall not arbitrarily refuse to provide Cable Services to any Person or in any location where the Grantee is capable of providing Cable Service. Grantee shall not deny Cable Services to any group of Subscribers or potential residential Subscribers based upon the income level of residents of the local area in which such group resides, nor shall Grantee base decisions about construction or maintenance of its Cable System or facilities based upon the income level of residents of the local area in which such group resides. Grantee shall provide such service at non-discriminatory monthly rates for residential Subscribers, 13 3017040x8 consistent with federal, State, or local laws. Grantee shall not discriminate between or among any individuals in the availability of Cable Service based upon income in accordance and consistent with 47 U.S.C. Section 541(a) (3), or based upon race or ethnicity. 11. Standard Installation. Grantee shall provide Cable Services within seven (7) days of a request by any authorized Person at a Qualified Living Unit. A request shall be deemed made on the date of signing a service agreement, receipt of funds by Grantee or receipt by Grantee of a verified verbal or written request. 12. Multiple Dwelling Units. The Grantee shall offer the individual units of a multiple dwelling unit all Cable Services offered to other multiple dwelling units in the City and shall individually wire units upon request of the property owner or renter who has been given written authorization by the owner; provided, however, that any such offering is conditioned upon the Grantee having legal access to said unit and such unit is a Qualified Living Unit. The City acknowledges that the Grantee cannot control the dissemination of particular Cable Services beyond the Demarcation Point at a multiple dwelling unit. 13. Compliance with Applicable Laws, Resolutions and Ordinances. a. The terms of this Franchise shall define the contractual rights and obligations of the Grantee with respect to the provision of Cable Service and operation of the System in the City. However, the Grantee shall at all tunes during the term of this Franchise be subject to the lawful exercise of the police powers of the City, the City's the right to adopt and enforce additional generally applicable ordinances and regulations, and lawful and applicable zoning, building, permitting and safety ordinances and regulations. The grant of this Franchise does not relieve the Grantee of its obligations to obtain any generally applicable licenses, permits or other authority as may be required by the City Code, as it may be amended, for the privilege of operating a business within the City or for performing work on City property or within the Rights -of -Way. Except as provided below, any modification or amendment to this Franchise, or the rights or obligations contained herein, must be within the lawful exercise of the City's police powers, as enumerated above, in which case the provision(s) modified or amended herein shall be specifically referenced in an ordinance of the City authorizing such amendment or modification. This Franchise may also be modified or amended with the written consent of both the City and Grantee as provided in Section 12.3 herein. b. The Grantee shall comply with the terms of any City ordinance or regulation of general applicability which addresses usage of the Rights -of -Way within the City which may have the effect of superseding, modifying or amending the terms of Section 3 and/or Section 7.7 (d) herein, except that the Grantee shall not, through application of such City ordinance or regulation of Rights -of -Way, be subject to additional burdens with respect to usage of Rights -of -Way which exceed burdens on similarly situated Rights -of -Way users. 14 3017040x8 c. In the event of any conflict between this Franchise and any lawful City ordinance or regulation, the conflicting terms of this Franchise shall be superseded by such City ordinance or regulation, except that Grantee shall not, through application of such City ordinance or regulation of Rights -of -Way, be subject to additional burdens with respect to usage of Rights -of -Way which exceed burdens on similarly situated Rights -of -Way users. In no event shall the City amend any City ordinance or regulation which would have the unilateral effect of modifying the build out requirements set forth in Sections 2.7 and 2.9 herein. d. In the event any lawfully applicable City ordinance or regulation which addresses usage of the Rights -of -Way adds to, modifies, amends, or otherwise differently addresses issues addressed in Section 3 and/or Section 7.7 (d) of this Franchise, the Grantee shall comply with such ordinance or regulation of general applicability, regardless of which requirement was first adopted except that Grantee shall not, through application of such City ordinance or regulation of Rights -of -Way, be subject to additional burdens with respect to usage of Rights - of -Way which exceed burdens on similarly situated Rights -of -Way users. e. In the event the Grantee cannot determine how to comply with any Right -of -Way requirement of the City, whether pursuant to this Franchise or other requirement, the Grantee shall immediately provide written notice of such question, including the Grantee's proposed interpretation, to the City, in accordance with Section 2.16. The City shall provide a written response within fourteen (14) days of receipt indicating how the requirements cited by the Grantee apply. The Grantee may proceed in accordance with its proposed interpretation in the event a written response is not received within seventeen (17) days of mailing or delivering such written question. 14. Rules of Grantee. The Grantee shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable said Grantee to exercise its rights and perforin its obligations under this Franchise and applicable law, and to assure uninterrupted service to each and all of its Subscribers; provided that such rules, regulations, terms and conditions shall not be in conflict with provisions hereto, the rules of the FCC, the laws of the State of Minnesota, the City, or any other body having lawful jurisdiction. 15. Territorial Area Involved. This Franchise is granted for the Franchise Area. Grantee shall provide Service to any residential and commercial Qualified Living Units in the City passed by the Cable System if requested by a Subscriber. This Franchise governs any Cable Service provided by Grantee to residential and commercial Subscribers to Grantee's Cable System. 16. Written Notice. All notices, reports, or demands required to be given in writing under this Franchise shall be deemed to be given when delivered personally to any officer of the Grantee or the City's designated Franchise administrator, or forty-eight (48) hours after it is deposited in the United States mail in a sealed envelope, with registered or certified 15 3017040x8 snail postage prepaid thereon, addressed to the party to whom notice is being given, as follows: If to City: City of Eagan, Minnesota City Hall 3830 Pilot Knob Road Eagan, Minnesota 55122-1810 Attention: City Administrator With copy to: Director of Communications 3830 Pilot Knob Road Eagan, Minnesota 55122-1810 If to Grantee: Qwest Broadband Services, Inc. Attn: Public Policy 1801 California Street, 10th Floor Denver, Colorado 80202 With a copy to: Qwest Broadband Services, Inc. 200 S Fifth Street, 21St Floor Minneapolis, MN 55402 Such addresses maybe changed by either party upon notice to the other party given as provided in this section. SECTION 3. CONSTRUCTION STANDARDS 1. Registration, Permits and Construction Codes. a. The Grantee shall strictly adhere to all State and local laws, regulations and policies adopted by the City Council applicable to the location, construction, installation, operation or maintenance of the System in the City. Specifically Grantee shall at all times comply with Section 7.06 of the City Code which sets forth the City's public right-of-way regulations. The City has the right to supervise all construction or installation work performed in the Rights -of -Way as it shall find necessary to ensure compliance with the terms of this Franchise and other applicable provisions of law and regulations. b. Failure to obtain permits required by the City Code or to comply with permit requirements shall be grounds for revocation of this Franchise, or any lesser sanctions provided herein or in any other applicable law, code or regulation. 2. Restoration of Rights -of -Way and Property. Any Rights -of -Way, or any sewer, gas or water main or pipe, drainage facility, electric, fire alarm, police communication or traffic control facility of the City, or any other public or private property, which is disturbed, damaged or destroyed during the construction, repair, replacement, relocation, operation, maintenance, expansion, extension or reconstruction of the System shall be promptly and fully restored, replaced, reconstructed or repaired by the Grantee, at its expense, in 16 30170400 accordance with Section 7.06 of the City Code and any other applicable provisions of the City Code. 3. Conditions on Right -of -Way Use. a. Nothing in this Franchise shall be construed to prevent the City from constructing, maintaining, repairing or relocating sewers; grading, paving, maintaining, repairing, relocating and/or altering any Right -of -Way; constructing, laying down, repairing, maintaining or relocating any water mains; or constructing, maintaining, relocating, or repairing any sidewalk or other public work. b. All System transmission and distribution structures, lines and equipment erected by the Grantee within the City shall be located so as not to obstruct or interfere with the use of Rights -of -Way except for normal and reasonable obstruction and interference which might occur during construction and to cause minimum interference with the rights of property owners who abut any of said Rights -of - Way and not to interfere with existing public utility installations. C. The Grantee shall, at its sole expense, by a reasonable time specified by the City, protect, support, temporarily disconnect, relocate or remove any of its property when required by the City by reason of traffic conditions; public safety; Rights - of -Way construction; street maintenance or repair (including resurfacing or widening); change in Right -of -Way grade; construction, installation or repair of sewers, drains, water pipes, power lines, signal lines, tracks or any other type of government-owned communications or traffic control system, public work or improvement of government-owned utility; Right -of -Way vacation; or for any other purpose where the convenience of the City would be served thereby. If the Grantee fails, neglects, or refuses to comply with the City's request, the City may protect, support, temporarily disconnect relocate or remove the appropriate portions of the System at the Grantee's expense for any of the City's incremental costs incurred as a result of the Grantee's failure to comply. Except in the case of the City's gross negligence, the City shall not be liable to the Grantee for damages resulting from the City's protection, support, disconnection, relocation or removal, as contemplated in the preceding sentence. d. The Grantee shall not place poles, conduits, or other fixtures of the System above or below ground where the same will interfere with any gas, electric, telephone, govermnental fiber, water or other utility fixtures and all such poles, conduits, or other fixtures placed in any Right -of -Way shall be so placed as to comply with all lawful requirements of the City. e. The Grantee shall, upon request of any Person holding a moving permit issued by the City, temporarily move its wires or fixtures to permit the moving of buildings with the expense of such temporary removal to be paid by the Person requesting the same (except in the case where the requesting Person is the City for the purpose of moving a City -owned building, in which case no payment shall be 17 30170400 required). The Grantee shall be given not less than ten (10) days' advance written notice to arrange for such temporary wire changes. f. To the extent consistent with generally applicable City Code provisions, rules and regulations, the Grantee shall have the right to remove, cut, trim and keep clear of its System trees or other vegetation in and along or overhanging the Rights -of - Way. However, in the exercise of this right, the Grantee agrees not to cut or otherwise injure said trees to any greater extent than is reasonably necessary. This Franchise does not give the Grantee any authority to remove trees on private property in the City. All trimming shall be performed at the sole cost of the Grantee. g. The Grantee shall use its best efforts to give reasonable prior notice to any adjacent private property owners who will be negatively affected or impacted by Grantee's work in the Rights -of -Way. Grantee shall at all times comply with the requirements of Section 400.2 of the City's Right -of -Way Permit Specifications for Construction and Section 7.06 of the City Code. h. If any removal, relaying or relocation is required to accommodate the construction, operation or repair of the facilities of a Person that is authorized to use the Rights -of -Way, the Grantee shall, after thirty (30) days' advance written notice, and payment of all costs by such Person, coimnence action to effect the necessary changes requested by the responsible entity. If multiple responsible parties are involved, the City may resolve disputes as to the responsibility for costs associated with the removal, relaying or relocation of facilities among entities authorized to install facilities in the Rights -of -Way if the parties are unable to do so themselves, and if the matter is not governed by a valid contract between the parties or any State or federal law or regulation. i. In the event that the System creates or is contributing to an imminent danger to health, safety or property, as reasonably detennined by the City, the City, after providing notice to the Grantee, if it is reasonably feasible to do so, may remove or relocate any or all parts of the System at no expense to the City, other than the City's costs to act on such determination. 4. Use of Existing Poles and Undergrounding of Cable. a. Where existing poles, underground conduits, ducts or wire holding structures are available for use by the Grantee, but it does not snake arrangements for such use, the City may require, through the established permit, or any other applicable procedure, the Grantee to use such existing poles and wireholding structures if the City determines that the public convenience would be enhanced thereby and the terns available to the Grantee for the use of such poles and structures are just and reasonable. b. The Grantee agrees to place its cables, wires or other like facilities underground, in the manner as may be required by the provisions of the City Code and City 18 3017040x8 policies, procedures, rules and regulations, as amended from time to time, where all utility facilities are placed underground. The Grantee shall not place facilities, equipment or fixtures where they will interfere with any existing gas, electric, telephone, water, sewer or other utility facilities or with any existing installations of the City, or obstruct or hinder in any manner the various existing utilities serving the residents of the City. To the extent consistent with the City Code, City policies, procedures, rules and regulations, System cable and facilities may be constructed overhead where poles now exist and electric or telephone lines or both are now overhead. However, in no case may the Grantee install poles in areas of the City where underground facilities are generally used by the utilities already operating. If the City, at a future date, requires all electric and telephone lines to be placed underground in all or part of the City, the Grantee shall, within a reasonable time, as determined by the City, similarly move its cables and lines, at no expense to the City, and shall not seek damages from the City for such compliance. 5. Installation of Facilities. a. No poles, towers, conduits, amplifier boxes, pedestal mounted terminal boxes, similar structures, or other wire -holding structures shall be erected or installed by the Grantee without obtaining any required perinit or other authorization from the City. b. No placement of any pole or wireholding structure of the Grantee is to be considered a vested fee interest in the Rights -of -Way or in City property. Whenever feasible, all transmission and distribution structures, lines, wires, cables, equipment and poles or other fixtures erected by the Grantee within the City are to be so located and installed as to cause minimum interference with the rights and convenience of property owners. 6. Safety Requirements. a. All applicable safety practices required by law shall be used during construction, maintenance and repair of the System. The Grantee agrees, at all times, to employ ordinary and reasonable care and to install and maintain in use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage or injuries to the public or to property. All of Grantee's structures and all lines, equipment and connections in the Rights -of -Way shall at all times be kept and maintained in a safe condition, consistent with applicable safety codes. b. The Grantee's construction, operation or maintenance of the Systern shall be conducted in such a manner as not to interfere with City communications technologies related to the health, safety and welfare of City residents. 19 3017040x8 C. The Grantee shall install and maintain such devices as will apprise or warn Persons using the Rights -of -Way of the existence of work being performed on the System in Rights -of -Way. d. The Grantee or QC shall be a member of the One Call Notification System (otherwise known as "Gopher State One Call") or its successor, and shall field mark the locations of its underground facilities upon request. Throughout the term of this Franchise, the Grantee shall identify the location of its facilities for the City at no charge to the City. 7. Removal of Facilities at Expiration of Franchise. At the expiration of the term for which this Franchise is granted, or upon the expiration of any renewal or extension period which may be granted, the City shall have the right to require the Grantee, at its sole expense: (i) to remove all or a portion of the System from the Rights -of -Way within the City used solely for the provision of Cable Services; and (ii) to restore affected sites to their original condition consistent with all City Code requirements. Should the Grantee fail, refuse or neglect to comply with the City's directive, all portions of the System, or any part thereof used for the provision of Cable Services, may at the option of the City become the sole property of the City, at no expense to the City, or be removed, altered or relocated by the City at the cost of the Grantee. The City shall not be liable to the Grantee for damages resulting from such removal, alteration or relocation. 8. Right -of -Way Meetings. Grantee or QC will regularly attend and participate in meetings of the City, of which the Grantee is made aware, regarding Rights -of -Way, joint trenching and boring and other issues that may impact the Cable System. 9. Joint Trenching. Grantee shall endeavor to limit the cutting of streets, sidewalks and other Rights -of -Way through joint trenching. Grantee shall contact the appropriate City agency or department prior to any street cuts or disturbance of a sidewalk to determine if utilities or telecommunications companies or other cable operators are scheduled to cut the same street or disturb the same sidewalk. Upon discovery of other like plans to disturb the Right -of -Way, Grantee shall contact the other users and, where practicable, plan for joint trenching. 10. Maps. a. Upon request, Grantee shall snake available maps of all existing constructed areas, in place, and proposed construction in sufficient detail as reasonably requested by the City. b. In the event that Grantee's maps are available electronically, the Grantee shall allow the City "read only" access to its Cable System maps. If needed by the City, Grantee will provide the maps in a format that enables the City to read Grantee's electronic maps. 11. Main Roads and Streets. Grantee shall not unduly create traffic congestion on main roads and streets due to construction or maintenance of the Cable System. Construction and maintenance shall be scheduled around morning and evening rush hours when 20 3017040v8 practicable. In the event that construction or maintenance must be conducted during such times and at such places, the Grantee shall notify the appropriate City agency or department. The City may deny Grantee's use of said streets and roadways during said periods. 12. Discontinuing Use/Abandonment of Cable System Facilities. Whenever Grantee intends to discontinue using any System facility within the Rights -of -Way, Grantee shall notify the City of its intent regarding such discontinuance. Grantee may remove the facility or request that the City permit it to remain in place. Notwithstanding Grantee's request that any such facility remain in place, the City may require Grantee to remove the facility from the Right -of- Way or modify the facility to protect the public health, welfare, safety, and convenience, or otherwise serve the public interest. The City may require Grantee to perform a combination of modification and removal of the facility. Grantee shall use its best efforts to complete such removal or modification in accordance with a schedule set by the City. Until such time as Grantee removes or modifies the facility as directed by the City, or until the rights to and responsibility for the facility are accepted by another Person having authority to construct and maintain such facility, Grantee shall be responsible for all necessary repairs and relocations of the facility, as well as maintenance of the Right -of -Way, in the same manner and degree as if the facility were in active use, and Grantee shall retain all liability for such facility. If Grantee abandons its facilities, the City may choose to use such facilities for any purpose whatsoever. 13. Stop Work. a. On notice from the City that any work is being performed by Grantee contrary to the provisions of this Franchise, or in an unsafe or dangerous manner as determined by the City, or in violation of the teens of any applicable permit, laws, regulations, ordinances, or standards, the work may immediately be stopped by the City. b. The stop work order shall: i. Be in writing; ii. Be given to the Person doing the work, or posted on the work site; iii. Be sent to Grantee; iv. Indicate the nature of the alleged violation or unsafe condition; and V. Establish conditions under which work may be resumed. SECTION 4. DESIGN PROVISIONS 1. System Facilities and Equipment. a. The System generally shall have at least the following characteristics: 21 30170400 i. a modern design when built, utilizing an architecture that will permit additional improvements necessary for high-quality and reliable service throughout the Franchise term, and the capability to operate continuously on a twenty-four (24) hour a day basis without severe material degradation during operating conditions typical to the Minneapolis/St. Paul metropolitan area; ii. standby power generating capacity at the headend. The Grantee shall maintain motorized standby power generators capable of powering all headend equipment for at least twenty-four (24) hours and indefinitely with a continuous or replenished fuel supply. The back-up power supplies serving the System shall be capable of providing power to the System for not less than four (4) hours per occurrence measured on an annual basis according to manufacturer specifications in the event of an electrical outage. The Grantee shall maintain sufficient portable motorized generators to be deployed in the event that the duration of a power disruption is expected to exceed four (4) hours; iii. facilities of good and durable quality, generally used in high-quality, reliable systems of similar desigln; iv. a System that conforms to or exceeds all applicable FCC technical perforinance standards, as amended from time to time, which standards are incorporated herein by reference, and any other applicable technical performance standards. End of the line performance must meet or exceed applicable FCC specifications at the end of the Subscriber Drop; V. a System shall, at all times, comply with applicable federal, State and local rules, regulations, practices and guidelines pertaining to the construction, upgrade, operation, extension and maintenance of Cable Systems, including, by way of example (but not limitation): (A) National Electrical Code, as amended from time to time; and (B) National Electrical Safety Code (NESC), as amended from time to time. vi. facilities and equipment sufficient to cure violations of FCC technical standards and to ensure that Grantee's System remains in compliance with the standards specified in subparagraph (v); vii. such facilities and equipment as necessary to maintain, operate and evaluate the Grantee's System for compliance with FCC technical and customer service standards, and such standards as may hereafter be amended; viii. status monitoring equipment to alert the Grantee when and where back-up power supplies are being used; 22 3017040x8 ix. all facilities and equipment required to properly test the System and conduct an ongoing and active program of preventative maintenance and quality control, and to be able to quickly respond to customer complaints and resolve System problems; X. antenna supporting structures designed in accordance with any applicable governmental building codes, as amended, and painted, lighted and erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration, the Federal Communications Conunission and all other applicable codes and regulations; xi. the Grantee shall provide adequate security provisions in its Subscriber site equipment to permit parental control over the use of Grantee's Cable Service. The Grantee, however, shall bear no responsibility for the exercise of parental controls and shall incur no liability for any Subscriber's or viewer's exercise or failure to exercise such controls; xii. facilities and equipment capable of operating within the temperature ranges typical to the climate of the City over the calendar year; xiii. the System shall be so constructed and operated such that there is no perceptible deterioration in the quality of Public, Educational or Govermnental Access Channel signals after delivery of such signals to the Grantee, as compared with the quality of any other channel on the System. As used in this paragraph, "deterioration" refers to delivery that is within the control of the Grantee; xiv. the Grantee must have TDD/TYY (or equivalent) equipment at the company office, and a publicly listed telephone number for such equipment, that will allow hearing impaired customers to contact the company; xv. all facilities and equipment designed, built, and operated in such a manner as to comply with all applicable FCC requirements regarding consumer electronic equipment; xvi. all facilities and equipment designed, built and operated in such a manner as to protect the safety of Grantee's Cable System workers and the public; xvii. sufficient trucks, tools, testing equipment, monitoring devices, and other equipment and facilities and trained and skilled personnel required to enable Grantee to substantially comply with applicable law, including applicable customer service requirements and including requirements for responding to Cable System outages; and 23 30170400 xviii. Grantee shall comply with all FCC regulations regarding closed captioning and other regulations applicable to providing services to disabled Subscribers. b. The Grantee shall comply with all applicable FCC regulations regarding carriage of digital, HDTV and any successor format transmissions. Grantee agrees to maintain the Cable System in a manner consistent with, or in excess of the specifications in Section 4.1 throughout the term of the Franchise with sufficient capability and technical quality to enable the implementation and perfonnance of all the requirements of this Franchise, including the exhibits hereto, and in a manner which meets or exceeds applicable FCC technical quality standards at 47 C.F.R. § 76 Subpart K, regardless of the particular fonnat in which a signal is transmitted. d. Emergency Alert System. i. The Grantee shall, at Grantee's sole costs and expense and at no cost to the City, install and thereafter maintain an Emergency Alert System ("EAS") fully compliant with local, State and federal EAS requirements. This EAS shall at all times be operated in compliance with FCC regulations. ii. In the event that the City requires the Grantee to provide for local activation of the EAS, the City may, from time to time, conduct reasonable tests of the EAS. The City shall provide reasonable notice to the Grantee prior to any test use of the EAS. The Grantee shall cooperate with the City in any such test. e. The Grantee shall not assert or otherwise raise any claim before a court of competent jurisdiction or any administrative agency alleging that, as of the Effective Date of this Franchise, the minimum System design and performance requirements set forth in this Franchise are unenforceable under or inconsistent with applicable law or any applicable orders or decisions of the FCC. 2. Interconnection. a. Grantee shall provide, free of charge and at no cost to the City, a discrete, non- public, video interconnect network, from an agreed upon Demarcation Point at the City's master control facility at City Hall, to Grantee's headend. The video interconnect network shall provide not less than 50 Mbps of allocated bandwidth, allowing PEG operators that have agreed with Grantee to share (send and receive) live and recorded programming for playback on their respective systems. Where available the Grantee shall provide the video interconnect network and the network equipment necessary, for the high-priority transport of live multicast HD/SD video streams as well as lower -priority file -sharing. Grantee shall provide a minimum of 50 Mbps bandwidth for each participating PEG entity to send its original programming, receive at least two additional multicast HD/SD streams 24 3017040x8 from any other participating PEG entity, and allow the transfer of files. Each participating PEG entity is responsible for encoding its own SD/HD content in suitable bit rates to be transported by the video interconnect network without exceeding the 50 Mbps of allocated bandwidth. b. Grantee shall provide a 24 x 7 toll-free response phone number for technical support staff who are trained'to effectively respond to and resolve interconnection and PEG related issues, who will respond to urgent tech -support requests within fifteen (15) minutes and non -urgent technical support requests within three (3) hours, depending upon the response time needed. City technical staff will determine what requests are urgent or non -urgent. City agrees to use best efforts to verify that the issue is not on the City's side of the Demarcation Point before a call is made to Grantee. C. The Grantee shall maintain all interconnections that exist as of the Effective Date of this Franchise to other adjacent Systems in the Minneapolis/St. Paul metropolitan area that are not commonly owned or controlled by the Grantee or its Affiliates including, but not limited to, the System(s) serving Apple Valley and Lakeville.. d. Grantee shall maintain the interconnection, that exists as of the Effective Date of this Franchise, with the City of Burnsville, Minnesota that permits the Grantee to carry certain Burnsville PEG prograrmning and the interconnection with Inver Grove Heights that pen -nits the Grantee to carry certain ISD 197 programming, as determined in the City's sole discretion. The City shall not be required to remit payment to Grantee for continuation of this intercomlection obligation. e. The Grantee shall also continue to maintain any interconnection link that exists as of the Effective Date of this Franchise to the Demarcation Point agreed upon by the Grantee and the franchised Cable System operator in Apple Valley and/or Lakeville, Minnesota, should there be such an agreement. f. For all interconnection links that exist as of the Effective Date of this Franchise, Grantee shall, at a minimum: (A) use a digital, optical transmission medium that is not inferior to any other optical transmission medium used in the System; (B) allow for the seamless transmission of all required signals on both systems; and (C) provide, for the City's exclusive use, at least one (1) high capacity Channel (sufficient to provide HD video or successor format transmission) for forward video purposes, one (1) high capacity Channel (sufficient to provide HD video or successor format transmission) for return video purposes, one (1) Channel for forward data at a minimum of 1 Gbps transfer rate and/or other purposes and one (1) Channel for return data at a minimum of 1 Gbps transfer rate and/or other purposes. g. All interconnections required by this Franchise shall be maintained by the Grantee free of charge and at no cost to the City throughout the term of this Franchise. 25 3017040x8 h. The Grantee may use excess capacity on the interconnection link described in Section 4.2(c), provided such use does not interfere with or degrade video or data signals originated by or intended for the City. If, in the City's opinion, the Grantee's use of the interconnection link is interfering with other users' communications, the City shall notify the Grantee of the problem, and require inunediate cessation of the interference or specify a reasonable date by which the interference must be stopped. i. The Grantee shall cooperate with any interconnection corporation, regional interconnection authority, or State or federal agency which may be hereafter established for the purpose of regulating, facilitating, financing or otherwise providing for the interconnection of Cable Systems beyond the boundaries of the City. 3. System and Institutional Network. a. Grantee shall snake available to the City for review, on a confidential basis, a concise description of the System facilities erected or installed, and Subscriber network design prints/map(s), which shall include at least the following elements: (i) trunk and feeder design; (ii) fiber routes; (iii) Remote Terininal locations; (iv) standby power supply locations; and (v) areas of the City served by each Remote Terminal, or the technical equivalent of the above based on Grantee's technology b. Grantee acknowledges that the franchise held by the existing franchised cable communications provider within the Franchise Area includes obligations for an Institutional Network for the benefit of the City and other institutions and to facilitate PEG uses of the I -Net. The parties acknowledge that the public interest would not be served by duplicating existing I -Net facilities or services provided under other Cable Services franchises. C. Grantee agrees that if any other cable operator franchised within the Franchise Area provides additional I -Net obligations as a condition of a Cable Service franchise, and such condition results in additional costs incurred by such other franchised cable operator, the Grantee shall meet with the City upon request of the City to determine a fair and equitable contribution by the Grantee to proportionately snatch said I -Net obligations. If the City and Grantee are not able to reach mutual agreement to resolve this issue, the Grantee and the City agree to enter into binding mediation to determine a fair and equitable contribution by the Grantee to proportionately match (on a per month, per subscriber basis) said I -Net obligations. d. Failure to meet the requirements of this Section 4.3 shall subject the Grantee to enforcement remedies available to City under Section 8 of this Franchise. 4. Line Extension Requirements. a. Grantee shall not have a line extension obligation until the first date by which Grantee is providing Cable Service to more than fifty percent (50%) of all 26 3017040x8 subscribers receiving facilities based Cable Service from both the Grantee and any other provider(s) of Cable Service within the City. At that time, the City, in its reasonable discretion and after meeting with Grantee, shall determine the timeframe to complete deployment to the remaining households in the City, including a density requirement that is the same or similar to the requirement of the existing franchised cable communications provider. b. Any Qualified Living Unit shall be connected to the Cable System at no charge other than the Standard Installation charge. 5. System Specifications. In all its construction and service provision activities, Grantee shall meet or exceed the construction, technical perforinance, extension and service requirements set forth in this Franchise. 6. System Maintenance. a. The Grantee shall interrupt Service only for good cause and for the shortest time possible. Such interruption shall occur during periods of minimum use of the System, usually from 1 air to 5 am. The Grantee shall use its best efforts to provide the City with at least twenty-four (24) hours' prior notice of a planned Service Interruption, except for a planned Service Interruption which will have a minimal impact on Subscribers, usually meaning affecting less than one hundred (100) Subscribers or less than a fifteen (15) minute interruption. b. Maintenance of the System shall be performed in accordance with the applicable technical performance and operating standards established by FCC rules and regulations. Should the FCC choose to abandon this field and does not preempt the City's entry into this field, the City may adopt such technical performance and operating standards as its own and the Grantee shall comply with them at all times. 7. System Tests and Inspections; Special Testing. a. The Grantee shall perform all applicable tests necessary to demonstrate compliance with the performance standards established by applicable law or regulation. Grantee shall maintain written records of all results of its Cable System tests, performed by or for Grantee. Copies of such test results will be provided to the City upon reasonable request. b. The City shall have the right to inspect all construction or installation work performed pursuant to the provisions of the Franchise. In addition, the City may require special testing of a location or locations within the System if there is a particular matter of controversy or unresolved complaints regarding System construction, operations or installation work pertaining to such location(s). Such tests shall be limited to the particular matter in controversy. The City shall endeavor to so arrange its request for such special testing so as to minimize hardship or inconvenience to the Grantee or to the Subscribers of such testing. 27 3017040x8 C. Before ordering such tests, the Grantee shall be afforded thirty (30) days following receipt of written notice to investigate and, if necessary, correct problems or complaints upon which tests were ordered. The City shall meet with the Grantee prior to requiring special tests to discuss the need for such and, if possible, visually inspect those locations which are the focus of concern. If, after such meetings and inspections, the City wishes to commence special tests and the thirty (30) days have elapsed without correction of the matter in controversy or resolution of complaints, the tests shall be conducted at the Grantee's expense by a qualified engineer selected by the City and the Grantee, and Grantee shall cooperate in such testing. d. Unless otherwise provided in this Franchise, tests shall be supervised by the Grantee's chief technical authority, or their designee, who shall certify all records of tests provided to the City. e. The Grantee shall provide the City with at least two (2) business days' prior written notice of, and opportunity to observe, any applicable tests performed on the System. f. Test results shall be filed with the City within fourteen (14) days of a written request by the City. g. If any test indicates that any part or component of the System fails to meet applicable requirements, the Grantee, without requirement of additional notice or request from the City, shall take corrective action, retest the locations and advise the City of the action taken and the results achieved by filing a written report certified by the Grantee's chief technical authority or their designee. 8. FCC Reports. The results of any tests required to be filed by Grantee with the FCC must be filed with the City within ten (10) days of the conduct of the tests. 9. Nonvoice Return Capability. Grantee is required to use cable and associated electronics having the technical capacity for nonvoice return communications. 10. Lockout Device. Upon the request of a Subscriber, the Grantee shall make a Lockout Device available at no additional charge, other than a charge for a Set Top Box. 11. Types of Service. Should the Grantee desire to change the selection of programs or services offered on any of its tiers, it shall maintain the mix, quality and level of services provided over the System. Any change in programs or services offered shall comply with all lawful conditions and procedures contained in this Franchise and in applicable law or regulations. 12. Home Wiring. a. Prior to a customer's terinination of Cable Service, the Grantee will not restrict the ability of a Subscriber to remove, replace, rearrange or maintain any cable wiring located within the interior space of the Subscriber's dwelling unit, so long 28 3017040x8 as such actions do not interfere with the ability of the Grantee to meet FCC technical standards or to provide services to, and collect associated revenues from, that customer or any neighboring customer in a multiple dwelling unit. b. The Grantee will provide Subscribers with a notification upon commencement of service, and annually thereafter, advising them of their rights relating to home wiring as expressed by the FCC. Such notice will advise customers that they may either; (i) remove, replace, rearrange or maintain the home wiring themselves, (ii) select a qualified third party contractor, or (iii) request that the Grantee provide such service at standard hourly installation rates, plus materials at Actual Cost plus a reasonable rate of return. C. In order to ensure consumer choice for all providers of multichannel video program distribution ("MVPD"), Grantee shall fully cooperate with all competitive providers of MVPD. Grantee shall further, upon request, provide all competitive providers of MVPD immediate access to all "home run" wiring in a multiple dwelling unit, provided however, that if the equipment is owned by Grantee, the competitive provider shall, in accordance with Minnesota Statutes § 23 8.25, and upon request, reimburse Grantee its pro rata cost of the home run wiring and installation, reduced to the extent of cumulative depreciation of the home run wiring at the time the competitive provider begins providing service. Exclusive contracts for the provision of Cable Service shall be prohibited and any existing exclusive contracts for the provision of Cable Service in the City shall be null and void as against public policy and contrary to the intent of the federal Communications Act of 1934, as amended, and applicable FCC ruling and orders. 13. Customer Service Monitoring. The Grantee shall utilize such equipment and software and keep such records as are necessary or required to enable the City to determine whether the Grantee is complying with all telephone answering standards required by applicable customer service regulations and laws, as amended from time to time. SECTION 5. SERVICE PROVISIONS 1. Customer Service Standards. a. The Grantee shall at all times comply with applicable FCC customer service standards and those set forth herein. b. In addition, the Grantee shall at all times satisfy all additional or stricter customer service requirements included in this Franchise and any customer service requirements set forth in any ordinance or regulation lawfully enacted by the City. 2. Video Programming. Except as otherwise provided in this Franchise or in applicable law, all programming decisions remain the discretion of the Grantee, provided that Grantee notifies the City and Subscribers thirty (30) days prior to any Channel additions, deletions, or realignments unless otherwise permitted under applicable federal, State and local laws and regulations. 29 3017040v8 3. Sales Procedures. a. The Grantee shall not exercise deceptive sales procedures when marketing Services within the City. The Grantee shall at all times comply with the City Code, Section 6.36 governing solicitations in the City. The Grantee shall have the right to market door-to-door during reasonable hours consistent with local ordinances and regulations. b. In its initial communication or contact with a Subscriber or a non -Subscriber, and in all general solicitation materials marketing Grantee's Cable Service, the Grantee shall inform the Person of all levels of Service available, including the lowest priced and free service tiers. All terins of the Grantee's Services shall be clearly stated, setting forth all fees, costs and taxes as well as those fees, costs and taxes that will be charged once special pricing or promotions end. City acknowledges that in certain national marketing materials local/State tax information may not be provided by Grantee. Grantee may satisfy the provisions of this paragraph by providing the Subscriber or non -Subscriber with a toll free telephone number where the individual may inquire and be informed about all of the levels of Service (including the lowest cost level of Service) that may be offered by the Grantee as well as any associated costs. 4. Subscriber Inquiry and Complaint Procedures. a. The Grantee shall have a publicly listed toll-free telephone number which shall be operated so as to receive general public and Subscriber complaints, questions and requests on a twenty-four (24) hour -a -day, seven (7) days -a -week, three hundred sixty-five (365) days a year basis. b. Trained representatives of the Grantee shall be available to respond by telephone to Subscriber and service inquiries. C. After Normal Business Hours, the Subscriber service access line may be answered by an answering service, automated response system or an answering machine. A qualified Grantee representative shall respond on the next business day to inquiries received after Normal Business Hours. d. The Grantee shall maintain adequate numbers of telephone lines and personnel to respond in a timely manner to schedule service calls and answer Subscriber complaints or inquiries in a manner consistent with regulations adopted by the FCC and the City where applicable and lawful. e. Under Normal Operating Conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety (90) percent of the time under Norinal Operating Conditions, measured on a quarterly basis. 30 3017040x8 f. Under Normal Operating Conditions, the customer will receive a busy signal less than three (3) percent of the time. g. Subject to the Grantee's obligations pursuant to law regarding privacy of certain information, the Grantee shall prepare and maintain a file of all Subscriber complaints not resolved by phone, and escalated at the request of the Subscriber, that is available for City inspection. The file will include subject of the complaint, how it was resolved, when it was resolved, and any additional action taken by caller or Grantee. Grantee will maintain an "escalated complaint process" to address unresolved complaints from Subscribers. A team of specifically identified employees of Grantee shall be available to City via email and telephone for reporting issues. These specifically identified employees of Grantee will have the ability to take actions to resolve Subscriber complaints relating to billing, property or service restoration, technical appointments, or any other Subscriber matters when necessary. Grantee will follow-up with City in writing by email (and by phone when necessary) with a sununary of the results of the complaint(s). h. The Grantee shall respond to complaints received from the City in a timely manner, and provide a copy of each response to the City within ten (10) days. In addition, the Grantee shall respond to all written complaints received from Subscribers within ten (10) days of receipt of the complaint. In addition, the City may order periodic sampling of the number and general categories of complaints resolved by phone during the sampling period, not to exceed five (5) days per quarter. 5. Installations, Outages and Service Calls. Under Normal Operating Conditions, each of the following standards will be met no less than ninety-five percent (95%) of the time measured on a quarterly basis: a. Standard Installations will be performed within seven (7) business days after a valid order has been placed. b. Excluding conditions beyond the control of the Grantee, the Grantee shall commence working on a Service Interruption within twenty-four (24) hours after the Service Interruption becomes known and pursue to conclusion all steps reasonably necessary to correct the interruption. The Grantee must begin actions to correct other service problems the next business day after notification of the service problem, and pursue to conclusion all steps reasonably necessary to correct the problem. C. The Grantee may schedule appointments for Installations and other service calls either at a specific time or, at a maximum, during a four (4) hour time block during Normal Business Hours. The Grantee may also schedule service calls outside such hours for the convenience of customers. The Grantee shall use its best efforts to not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. If the installer 31 3017040x8 or technician is late and will not meet the specified appointment time, he/she must use his/her best efforts to contact the customer and reschedule the appointment at the sole convenience of the customer. Service call appointments must be met in a manner consistent with FCC standards. 6. Subscriber Contracts. The Grantee shall file with the City any standard form Subscriber contract utilized by Grantee. If no such written contract exists, the Grantee shall file with the City a document completely and concisely stating the length and terms of the Subscriber contract offered to customers, clearly setting forth all fees, costs and taxes. The length and terms of any Subscriber contract(s) shall be available for public inspection during the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday. 7. Service Credit. a. In the event a Subscriber establishes or terininates service and receives less than a full month's service, Grantee shall prorate the monthly rate on the basis of the number of days in the period for which service was rendered to the number of days in the billing cycle. b. If, for any reason, Service is interrupted for a total period of more than twenty- four (24) hours in any thirty (30) day period, Subscribers shall, upon request, be credited pro rata for such Service Interruption. C. If the cable signal on any Chamlel is below FCC technical standards for more than two (2) weeks, Grantee shall provide upon the Subscriber's request a proportionate rebate for the entire period that the Channel is below FCC technical standards. d. If a Subscriber requests disconnection of any or all Services, billing for affected Services shall end on the same day. Upon any Subscriber's request for disconnection, the Grantee shall clearly communicate to the Subscriber what, if any, equipment must be returned to the Grantee as well as any fees or costs that the Subscriber may incur for the disconnection. The Subscriber shall not be responsible for Cable Services delivered after the request. The Grantee must refund any credit balance owed the Subscriber, less any owed or disputed amounts, within thirty (30) business days after the close of the Subscriber's billing cycle following the return of the equipment and request for disconnection. 8. Refunds or Credits. a. Any refund checks shall be issued promptly, but not later than either: i. the Subscriber's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier; or ii. the return of the equipment supplied by the Grantee if Service is terminated. 32 30170400 b. Any credits for Service shall be issued no later than the Subscriber's next billing cycle following the determination that a credit is warranted. 9. Late Fees. Fees for the late payment of bills shall not be assessed until after the Service has been fully provided. The City reserves the right to enforce Grantee's compliance with all applicable laws to the maximum extent legally penmissible. 10. Communications between Grantee and Subscribers. a. In addition to the obligations of Section 5.5 above, Subscriber service representatives shall appropriately identify themselves. Field representatives shall provide Grantee -issued picture identification and, upon request, the phone number to reach a Grantee representative. Grantee shall provide Subscriber service representatives that are able to communicate in both English and Spanish as required by the Subscriber. b. In addition to the obligations of Section 5.5 above, the Grantee shall provide each Subscriber at the time Cable Service is initiated, and at least every twelve (12) months thereafter, the following materials: i. instructions on how to use the Cable Service; ii. billing and complaint procedures, and written instructions for placing a service call, filing a complaint, or requesting an adjustment (including when a Subscriber is entitled to refunds for outages and how to obtain them); iii. a schedule of rates and charges, Channel positions and a description of products and services offered, including any free or universal service; iv. prices and options for programming services and conditions of subscription to programming and other services; and V. a description of the Grantee's Installation and service maintenance policies, Subscriber privacy rights, delinquent Subscriber disconnect and reconnect procedures and any other of its policies applicable to Subscribers. C. Copies of materials specified in the preceding subsection shall be provided to the City, upon request. d. All Grantee promotional materials, announcements and advertising of Cable Service to Subscribers and the general public, where price information is listed in any manner, shall be clear, concise, accurate, understandable, and easily accessible. e. Subscribers shall be notified of any changes in programming, services or Channel positions. When the change involves the addition or deletion of Channels, each 33 30170400 Channel added or deleted must be separately identified. Subscribers shall be given a description of the changes, their options (including costs) for changing services they receive, phone number for questions and effective date. Notice must be given to Subscribers a minimum of thirty (30) days in advance of such changes if the change is within the control of Grantee. For thirty (30) days after notice of re -tiering or rate increases, provided a Subscriber is not bound by a defined tern contract (e.g. a two (2) year fixed price contract), a Subscriber may disconnect at no additional charge. In addition, the Grantee shall notify Subscribers thirty (30) days in advance of any significant changes in the other information required by Section 5.10 (b). £ The City and the Grantee agree that nothing in this Franchise shall in anyway prevent the City from adopting lawful customer service standards (via a separate City ordinance) governing the provision of Cable Services, as may be permitted under applicable law. g. All promotional materials advertising Cable Services shall accurately disclose price terns, the date or time period upon which any promotional offers will tenminate. In addition, Grantee's website and customer service representatives shall disclose all tiers of programming available, including the lowest cost options available. Grantee's Subscriber service representatives shall make the price of pay-per-view and pay -per -event programming clear before an order is taken. h. Grantee shall comply with all applicable laws regarding the provision of Cable Services in multi -unit buildings. Grantee shall not charge Subscribers for any services they have not affirmatively requested; provided, this subsection shall not prevent adding programming to an existing tier. j. Grantee shall provide written notification of the availability of the Basic Cable Service tier to Subscribers at the time of Installation and annually thereafter; post such infonmation to Grantee's website, and provide such information over the telephone. This notification shall include, at a minimum, the following: i. Basic Cable Service tier is available; ii. cost per month for the Basic Cable Service tier; iii. list of all services included in the Basic Cable Service tier. 11. Billing. a. Bills shall be clear, concise and understandable. Bills may be fully itemized to the extent allowed by law and this Franchise, provided that all bills shall clearly reflect only a single total amount due. Bills shall also clearly delineate all activity during the billing period, including optional charges, rebates and credits. 34 30170400 Franchise Fees, costs and taxes shall be itemized in a manner that accurately and fairly portrays the basis for the taxes and fees. b. In case of a billing dispute, the Grantee shall respond as soon as possible and in no event longer than ten (10) days. The first response to a specific complaint may be oral if provided within ten (10) days, and if subsequent responses to the same complaint are in writing. Grantee shall also provide a written response when specifically requested by the Subscriber. C. Bills shall not be past due sooner than thirty (30) days after the date of mailing. The closing date of the billing cycle shall be shown on the bill. d. Refund checks shall be issued promptly, as provided in Section 5.8. e. Credits for service shall be issued no later than the Subscriber's next billing cycle or thirty (30) days after the determination that a credit is warranted, whichever is sooner. f. Grantee shall send written disconnect notices, which may be included in the bill if visually distinct from the rest of the bill, clearly stating the amount past due that must be paid to avoid disconnection, the total amount due, and the Customer Service phone number. If the Subscriber does not respond, Grantee may disconnect the Subscriber ten (10) days after the disconnect notice is sent. g. Deposits shall accrue interest at a fair market rate. Within ten (10) days after termination of Service, Grantee shall repay any deposit owed to the Subscriber with a statement showing accrued interest to the Subscriber, less any sums owed to Grantee. 12. Subscriber Rights. a. Grantee shall comply at all times with all applicable laws, rules, and regulations including the terms of the Franchise relating to non-discrimination. b. All Grantee rates and charges shall be published and non-discriminatory. Except as provided hereunder, Grantee shall establish similar rates and charges for all Subscribers receiving similar services, regardless, of type of dwelling unit, race, color, religion, age, sex, marital or economic status, national origin, sexual orientation, political ideology, creed, ancestry; the presence of any sensory, mental or physical handicap; or geographic location within the Grantee's Franchise Area. Nothing in this section shall be construed to prohibit the temporary reduction or waiving of rates and charges in conjunction with promotional campaigns or discounted rates for provision of Cable Services including those to multiple dwelling unit buildings. C. Grantee shall not deny Cable Service, or otherwise discriminate against Subscribers, access programmers or any other Persons on the basis of type of dwelling unit, race, color, religion, age, sex, marital or economic status, national 35 3017040x8 origin, sexual orientation, political ideology, creed, ancestry; the presence of any sensory, mental or physical handicap; or geographic location within the Grantee's Franchise Area. d. The Grantee shall not take any retaliatory action against a Subscriber because of the Subscriber's exercise of any right it may have under federal, State, or local law, nor may the Grantee require a Subscriber to waive such rights as a condition of service. 13. Subscriber Privacy. To the extent required by Minn. Stat. §238.084 Subd. 1(s) Grantee shall comply with the following: a. No signals including signals of a Class IV Cable Channel may be transmitted from a Subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of the Subscriber. The request for permission must be contained in a separate document with a prominent statement that the Subscriber is authorizing the permission in full knowledge of its provisions. Such written permission shall be for a limited period of time not to exceed one (1) year which may be renewed at the option of the Subscriber. No penalty shall be invoked for a Subscriber's failure to provide or renew such permission. The permission shall be revocable at any time by the Subscriber without penalty of any kind whatsoever. b. No information or data obtained by monitoring transmission of a signal from a Subscriber terminal, including but not limited to lists of the names and addresses of Subscribers or any lists that identify the viewing habits of Subscribers shall be sold or otherwise made available to any party other than to Grantee or its agents for Grantee's business use, and also to the Subscriber subject of that information, unless Grantee has received specific written permission from the Subscriber to make such data available. The request for permission must be contained in a separate document with a prominent statement that the Subscriber is authorizing the permission in full knowledge of its provisions. Such written permission shall be for a limited period of time not to exceed one (1) year which may be renewed at the option of the Subscriber. No penalty shall be invoked for a Subscriber's failure to provide or renew such permission. The permission shall be revocable at any time by the Subscriber without penalty of any kind whatsoever. C. Written permission from the Subscriber shall not be required for the conducting of system wide or individually addressed electronic sweeps for the purpose of verifying System integrity or monitoring for the purpose of billing. Confidentiality of such information shall be subject to the provision set forth in subparagraph (b) of this section. 14. Exclusive Contracts and Anticompetitive Acts Prohibited. a. The Grantee may not require a residential Subscriber to enter into a long-term contract as a condition of providing or continuing Cable Service. 36 3017040x8 b. The Grantee shall not engage in acts prohibited by federal or State law that have the purpose or effect of limiting competition for the provision of Cable Service in the City. 15. Local Office and Drop Boxes. a. During the terin of the Franchise the Grantee shall comply with one of the following requirements (i) or (ii): i. Option 1 - The Grantee shall maintain and operate during Normal Business Hours a local customer service office in the Franchise Area, or no greater than two (2) miles from the City boundaries, where Subscribers may make payments, request Service, exchange Converters and other equipment and schedule service and Installation appointments. After consultation with the City, the Grantee shall provide Subscribers with at least sixty (60) days' prior notice of any change in the location of the customer service center(s) serving the City, which notice shall apprise Subscribers of the customer service center's new address, and the date the changeover will take place. ii. Option 2 - Grantee shall maintain convenient local Subscriber service and bill payment locations for the purpose of receiving Subscriber payments or equipment returns. Unless otherwise requested by the Subscriber, Grantee shall deliver replacement equipment directly to the Subscriber at no cost to the Subscriber. The Grantee shall maintain a business office or offices for the purpose of receiving and resolving all complaints regarding the quality of service, equipment malfunctions, billings disputes and similar matters. The office must be reachable by a local, toll-free telephone call, and Grantee shall provide the City with the name, address and telephone number of an office that will act as the Grantee's agent to receive complaints, regarding quality of service, equipment malfunctions, billings, and similar matters. At a minimum Grantee shall also provide the following: (A) Subscribers can remit payments at multiple third party commercial locations within the City (such as grocery stores or the Western Union); (B) Grantee will provide a service technician to any Qualified Living Unit in the City, free of charge to the Subscriber, where necessary to replace or troubleshoot equipment issues; and (C) Subscribers shall be able to return and receive equipment, free of charge, via national overnight courier service (such as Fed Ex or UPS) if a service technician is not required to visit the Subscriber's Qualified Living Unit. 37 30170400 (D) In the event Grantee provides Cable Service to a minimum of thirty percent (30%) of the total number of Cable Service Subscribers in the City served by cable operators franchised by the City, the Grantee shall then be required to also comply with the requirements of Section 5.15 (a) (i) above. SECTION 6. ACCESS CHANNEL(S) PROVISIONS 1. Public, Educational and Governmental Access. a. The City is hereby designated to operate, administer, promote, and manage PEG access programming on the Cable System. b. Within one hundred twenty (120) days of the Effective Date of this Franchise, the Grantee shall dedicate and make available seven (7) Channels for PEG use in a standard definition ("SD") and high definition (``HD") digital forinat on Grantee's Basic Cable Service tier. Grantee shall provide seven (7) activated downstream PEG Channels in both SD and HD and shall not reduce the number of PEG Channels unless directed by the City. i. Within the first one hundred twenty (120) days after the Effective Date of this Franchise, the City may draft and provide to Grantee a written explanation regarding the PEG Channels that will soon be offered by the Grantee on the Grantee's Cable System. ii. The City shall email the content of this explanation, which shall not exceed two hundred fifty (250) words, to Grantee and Grantee shall, at its sole cost and free of charge to the City, print flyers containing this explanation ("PEG Flyer") that shall be distributed to Grantee's field technicians serving the City. iii. The field technicians shall be instructed to include the PEG Flyer in all Subscriber installation packets for the City of Eagan until such time as the PEG Channels are available in the City. C. The additional PEG Channel added shall at all tunes remain contiguous with the existing PEG Channels. Nothing herein shall diminish any rights of the City to secure additional PEG Channels pursuant to Minn. Stat. § 238.084, which is expressly incorporated herein by reference. d. Grantee agrees not to encrypt the PEG Channels differently than commercial Channels available on the Cable System. C. In the event the Grantee makes any change in the System and related equipment and facilities or in signal delivery technology, which change directly or indirectly causes the signal quality or transmission of PEG Channel programining or PEG services to fall below technical standards under applicable law, the Grantee shall, at its own expense, provide any necessary technical assistance, transmission 38 30170400 equipment and training of PEG personnel, and in addition, provide necessary assistance so that PEG facilities may be used as intended, including, among other things, so that live and taped programming can be cablecast efficiently to Subscribers. f. Except as otherwise provided for in this Franchise, all PEG Channels shall be transmitted in the same format as all other Basic Cable Service Channels and shall be carried on the Basic Cable Service tier. g. Grantee shall include the PEG Channels and programming information in any electronic/interactive program guide, program listings, search options, record and DVR options, navigation systems and search functions accessible through Grantee's Set Top Box and remote controls, or their successor technologies, provided to its Subscribers, including, but not limited to on-screen, print and on- line program guides which include Channel and program listings of any local broadcast channels. Grantee shall bear all capital, implementation and operating costs to include the basic programming information in the programming guides for the PEG Channels, free of charge and at no cost to the City. The City shall have the right to pay for more enhanced program information to be made available on the programming guides including the Channel name and logo/icon, program titles scheduled in thirty (30) minute time blocks, program descriptions, infonnation needed for search and record features, and any other information similarly provided for other broadcast channels and commercial cable/satellite Channels. Grantee shall, to the maximum extent possible, make available to the City any price discounts Grantee may have in place with third party vendors that offer such programming guide services. 2. Eagan Mosaic Channels. a. Grantee shall use designated Channels in its Channel lineup as a means to provide ease of access by Subscribers to the group of PEG Channels placed consecutively on Channel numbers as agreed upon herein. This use of one (1) or more Channels to access the group of seven (7) PEG Channels required under this Franchise shall be referred to as the "Eagan Mosaic Channel." The Eagan Mosaic Channel shall display the group of PEG Channels on a single Channel screen and serve as a navigation tool for Subscribers. The Eagan Mosaic Channel shall allow Subscribers to navigate directly from a designated Channel to any of the seven (7) PEG Channels requested in a single operation (with one click, or, in one step) without any immediate steps to a chosen PEG Channel in the group. The parties agree that one (1) of the seven (7) PEG Channels to be included in the Eagan Mosaic Channel shall be the educational access programming/channel for ISD 197 which is currently programmed by Town Square Television located in Inver Grove Heights, MN ("TST") so long as TST does not object to Grantee making such educational prograimning available to Grantee for carriage on the Eagan Mosaic Channel. 39 3017040x8 b. Grantee shall use Channel 44 as the SD Eagan Mosaic Channel and Channel 1044 as the HD Eagan Mosaic Channel to access the PEG Channels required under this Franchise. The designated SD PEG Channels shall be: 8333, 8334, 8335, 8336, 8337, 8338, and 8339 and the designated HD PEG Channels shall be: 8833, 8834, 8835, 8836, 8837, 8838, and 8839. Grantee shall not include any other programming or Channels on the Eagan Mosaic Channel unless the City provides advance written consent. When using the Eagan Mosaic Channel, Subscribers shall be directed to the requested PEG Channel in HD format if appropriate to the Subscriber's level of service; otherwise, the Subscriber shall be directed to the SD PEG Channel. C. Grantee shall consult with the City to determine how the PEG Channel information is displayed on the Eagan Mosaic Chamiel. The Eagan Mosaic Channel shall have video and audio signal strength, signal quality, and navigational functionality equivalent to every other commercial Mosaic Channel carried by the Grantee on its Cable System. d. As the Grantee innovates and improves the functionality and interactivity and/or adds capability for personalization of the Mosaics, the Grantee will provide the same navigational, interactive and personalization features for the Eagan Mosaic Channel as are available to Subscribers for every other commercial Mosaic- Channel. osaicChannel. (For example, if a Subscriber has the capability to add selected sports or news channels to the Sports or News Mosaics, then the Subscriber shall also be able to add a PEG Channel to any of the Mosaics.) e. If through technology changes or innovation in the future, the Grantee discontinues the use of Mosaic presentations for other Channels including broadcast channels and commercial cable/satellite Channels (such as the News Mosaic, the Sports Mosaic, and/or the Children's Mosaic), then Grantee will either continue to support the Eagan Mosaic Channel as determined in the City's sole discretion or reach mutual agreement with the City regarding how to accommodate the Eagan Mosaic Channel to ensure PEG Channels are treated no less favorably than commercial Channels provided by Grantee. In all cases Grantee shall maintain Channel 44 for use by the City for PEG purposes. The Grantee shall not charge Subscribers or the City for use of the PEG Channels, or any equipment, facilities or services provided by Grantee for the provision of the PEG Channels. f. If during this Franchise term Grantee introduces any advanced video format other than HD on its Cable System ("Advanced Format"), then whenever at least one- half (1/2) of the primary video feeds of the commercial programmers carried by Grantee are made available by Grantee to Subscribers in such Advanced Format, the City shall have the option, in its sole discretion, to require Grantee to carry up to two (2) PEG Channels, selected by the City, in such Advanced Format. The City agrees to provide the Grantee twelve (12) months' notice of City's intent to implement carriage of up to two (2) PEG Channels in an Advanced Format and the parties agree that during the twelve (12) months' notice, the Grantee and the 40 30170400 City shall confer regarding the precise details for implementation of up to two (2) PEG Channels in Advanced Format. Multiple video feeds from a single commercial programmner that substantially replicate the same programming but are transmitted in different formats (for example, programming transmitted in digital SD, HD, and an Advanced Fonnat) shall be counted only once for purposes of calculating the share of Advanced Format prograrruning feeds in this section. A PEG Channel transmitted in an Advanced Format shall count toward the total PEG Channels specified in this section. Nothing in this Franchise shall require Grantee to provide Subscribers with any equipment needed to view such Advanced Formats without charge or at reduced rates. 3. PEG Access Channel Quality. a. The Grantee shall provide all PEG Channels on the Basic Cable Service tier or the lowest cost tier of service throughout the life of the Franchise. Grantee shall at all times provide the PEG Channels to any Person who subscribes to any level of cable Video Programming service, and otherwise in accordance with federal and State law. The Grantee shall not charge for use of the PEG Channels, equipment, facilities or services. Grantee will deliver PEG Channels to Subscribers with video and audio signal strength, signal quality, and functionality equivalent to every other broadcast channels and commercial cable/satellite channels carried by the Grantee on its Cable System. Grantee agrees that Subscribers will not be required to obtain or pay for any additional equipment required solely to receive the PEG Channels. b. Grantee shall carry all components of the SD and HD PEG access signals provided by the City, and will also ensure the PEG Channels have the following functionality, including but not limited to, closed captioning, multichannel television sound, Channel recording or DVR capability, last Channel capability, active format description, and any captioning or text signals which are inserted by City or passed -through by City on its PEG Channels and other elements associated with the PEG programming. Grantee shall not be required to carry a PEG Channel in a higher quality format than that of the signal delivered to Grantee, but Grantee shall distribute all PEG Channels without degradation. 4. Video On Demand. a. During the term of its Franchise, for as long as the Grantee snakes video on demand ("VOD") available on its Cable System, Grantee will include in its VOD offerings twenty-five (25) hours of either SD or HD PEG programming, or a combination of both, or such greater amount as may be mutually agreed to by the City and Grantee, as designated and supplied by the City to the Grantee. The City's content may be electronically transmitted and/or transferred and stored on the Grantee's VOD system. The City VOD PEG programming will be available to Subscribers twenty-four (24) hours per day, seven (7) days per week. Any City PEG programming placed on VOD shall be available to Subscribers free of charge. The Grantee will provide, upon City's request, any aggregate data 41 3017040x8 regarding Subscriber use of the City's programming on the VOD platform. PEG prograimning content shall have the same viewing quality and features (including program descriptions and search functions) as all other free VOD content on Grantee's Cable System. Programming submitted for placement on the VOD system shall be placed on and available for viewing from the VOD system as soon as possible from time of receipt of said prograimning and Grantee will make best efforts to provide a twenty-four (24) hour turn -around, and in no case longer than seventy-two (72) hours from receipt of said programming. Grantee agrees to treat PEG VOD prograimning in a nondiscriminatory manner as compared to other providers of VOD content. b. The City shall have the sole discretion to select the content of such VOD PEG programming and shall be responsible for such content. The City's VOD PEG programming will be located on Grantee's on -demand menu pages on the second page or higher. The City's VOD PEG programming will be available in the City's Franchise Area, or more broadly distributed at Grantee's option. C. To the extent pennitted, Grantee shall authorize City to obtain from Grantee's third party vendor, free of charge and at no cost to the City, monthly viewership/traffic reports to the City showing statistics for VOD PEG programs, or Grantee shall provide (or require its third party vendor to provide) the City with access to online dashboard analytics allowing City staff to directly access traffic information. d. Grantee shall, upon request of the City, provide free of charge reasonable training to City staff regarding how to implement and use the VOD system so that the City may fully take advantage of the capabilities of VOD for PEG programming. 5. PEG Support Obligations. a. Upon the Effective Date, the Grantee shall pay to the City Two and 08/100 Dollars ($2.08), per Subscriber per month in support of PEG capital (the "PEG Fee"). In the event the existing franchised cable communications provider is required to or agrees to a higher, or lower, PEG Fee, Grantee will increase, or decrease, its PEG Fee upon sixty (60) days written notice from the City. At no time shall the PEG Fee be assessed in an amount different from that imposed upon the existing franchised cable communications provider. The PEG Fee may be used for operational or capital support of PEG programming as determined in the City's discretion. b. Upon sixty (60) days' written notice to Grantee, City may elect to unilaterally change the PEG Fee to a different dollar amount per Subscriber per month or change the format to a percentage of Gross Revenues up to a maximum of two and one-half percent (2.5%) of Gross Revenues. In no event shall the PEG Fee be assessed in an amount different from that imposed upon the existing franchised cable communications provider. In the event the existing franchised cable communications provider agrees to a higher, or lower, PEG Fee, Grantee will 42 30170400 increase, or decrease, its PEG Fee upon sixty (60) days' written notice from the City. The PEG Fee may be used for operational or capital support of PEG programming as determined in the City's sole discretion. C. The PEG Fee is not intended to represent part of the Franchise Fee and is intended to fall within one (1) or more of the exceptions in 47 U.S.C. § 542. The PEG Fee may be categorized, itemized, and passed through to Subscribers as permissible, in accordance with 47 U.S.C. §542 or other applicable laws. Grantee shall pay the PEG Fee to the City quarterly at the same time as the payment of Franchise Fees under Section 7.3 of this Franchise. Grantee agrees that it will not offset or reduce its payment of past, present or future Franchise Fees required as a result of its obligation to remit the PEG Fee. d. The Grantee shall pay one (1) PEG Fee on the master account for services delivered to non -dwelling bulk accounts, such as hotels, motels or hospitals. If the PEG Fee is not assessed as a percentage of Gross Revenues, the Grantee shall calculate PEG Fees on a pro rata basis for bulk accounts in residential multiple dwelling unit ("MDU") buildings in the following manner: if the bulk rate for Basic Cable Service is one third (1/3) of the current residential rate, then a pro- rated PEG Fee shall be added to the bulk bill for an MDU building in an amount equal to one third (1/3) of the current PEG Fee. If the bulk rate for Basic Cable Service is raised in any MDU building, the pro -rated PEG Fee in that building shall be recalculated and set based on the foregoing formula, regardless of any cap on per Subscriber PEG Fee amounts. e. Any PEG Fees owing pursuant to this Franchise Which remain unpaid more than twenty-five (25) days after the date the payment is due shall be delinquent and shall thereafter accrue interest at twelve percent (12%) per annum or the prime lending rate published by the Wall Street Journal on the day the payment was due plus two percent (2%), whichever is greater. f. Grantee shall, free of charge and at no cost to the City, provide and maintain any facilities and required equipment to enable Grantee to acquire and transport Access Channel programming from the following locations: i. From the mutually agreed upon Demarcation Point in the Eagan Master Control Center located at 3830 Pilot Knob Road to Grantee's headend; and ii. From the Burnsville City Hall located at 100 Civic Center Pkwy, Burnsville, MN to the Grantee's headend. Grantee shall not in any manner degrade, interfere or adversely impact the audio and video signal quality of the PEG Channels from the above locations in this Section 6.5(f) (i) and (ii). g. Grantee shall distribute, free of charge and at no cost to City, through advertising insertion equipment, thirty (30) second promotional and awareness commercial 43 3017040x8 spots, on a "run of schedule" basis in unsold time slots, produced at City's cost and submitted by City once each month in a forinat compatible with such advertising insertion equipment. Grantee shall provide monthly ad insertion affidavits in the same format provided to commercial advertising clients. h. Upon sixty (60) days' notice from the City, the Grantee shall twice annually, at the Grantee's sole cost and free of charge to the City, print and snail a post card promoting the PEG programming to Grantee's Subscribers in the Franchise Area. The post card shall be designed by the City and shall conform to the Grantee's standards and policies for size and weight. Any post card denigrating the Grantee, its service or its programming is not pennitted. 6. Metro Cable Network Channel 6. The Grantee shall designate Metro Cable Network Channel 6 for uniform regional Channel usage to the extent required by State law. 7. Leased Access Channels. The Grantee shall provide Leased Access Channels as required by federal and State law. 8. Subscriber Network Drops to Designated Buildings. a. Service to City. Grantee will provide the City Hall located at 3830 Pilot Knob, free of charge and at no cost to the City, complimentary service with the highest level of SD and HD Cable Service offered by Grantee, excluding pay-per-view, pay per channel (premium) programming, high-speed data services or newly created non -video Cable Services ("Complimentary City Service"). However, Grantee must provide the City any platform that includes the PEG Channels. In addition, the Grantee will also provide the City, free of charge and at no cost to the City, any equipment necessary to receive these services at a minimum of seven (7) television sets at City Hall, which shall include SD, HD, VOD, and new platforms, boxes, devices, remotes, and digital television adaptors (DTAs). If changes in the technology used by the Grantee require additional equipment for reception of PEG Channels the Grantee shall snake such equipment available at to up to seven (7) television sets free of charge and at no cost to the City. b. Service to Designated Public Buildings. Grantee shall, free of charge and at no cost, provide SD Cable Service (currently Prism Essentials) which, at a minimum, shall include a package of Channels including all broadcast and PEG Channels and at least one hundred (100) additional commercial channels (but not including pay-per-view or premium Channels, ("Complimentary Public Building Service") including all necessary SD and HD reception equipment for to up to three (3) television sets at all other government buildings, schools and public libraries identified on Exhibit A attached hereto and made a part hereof. Exhibit A may be modified by the City from time to time to accommodate changes in city/school/community facilities locations. Grantee shall provide the Complimentary Public Building Service so long as these addresses in Exhibit A are designated as a Qualified Living Unit and no other franchised cable communications provider is providing complimentary service at such location. 44 30170400 However, City may determine to disconnect the other franchised cable communications provider and require Grantee to meet the Complimentary Public Building Service obligations set forth herein, as determined in City's sole discretion provided the selected location is a Qualified Living Unit. However, Grantee agrees that to ensure necessary connectivity for public safety purposes, the City's designated Emergency Operations Center, located at 1001 Station Trail, shall be entitled to Complimentary Public Building Service from both Grantee and any other franchised cable operator. For purposes of this Section 6.8 (b), "school" means all State -accredited K-12 public and private schools. Complimentary Public Building Service provided in accordance with this subsection may be used to distribute Cable Services throughout such buildings provided such distribution can be accomplished without causing Cable System disruption and general technical standards are maintained. Such outlets may only be used for lawful purposes. Grantee shall provide, at the lowest retail rate offered in the market, HD service as may be requested by any buildings receiving service under this Section 6.8 (b). C. Grantee agrees that if any broadband service is required in order to receive the Complimentary Public Building Service or Complimentary City Service obligations set forth in this Section 6.8, Grantee will provide such broadband service free of charge for the sole purpose of facilitating the provision free Cable Service required by Section 6.8. d. Additional Subscriber network Drops and/or outlets in any of the locations identified on Exhibit A will be installed by Grantee at the lowest Actual Cost of Grantee's time and material. Grantee shall provide the City with a complete and detailed cost estimate which shall include Grantee's Actual Costs for any additional Subscriber network Drop and/or outlets. Within no more than ninety (90) days thereafter, the City shall work with institution requesting the additional Subscriber network Drop and/or outlets and provide Grantee with written approval, if applicable, to move forward with the additional Subscriber network Drop and/or outlets. Grantee shall only begin work on construction of the additional Subscriber network Drop and/or outlets once final approval is received from the City, and Grantee shall complete construction within thirty (30) days from the date of approval. Grantee shall bill the institution requesting the additional Subscriber network Drop and/or outlets its Actual Costs in accordance with the agreed upon estimate. The terms and conditions of such payment shall be between the Grantee and the institution. Alternatively, said institutions may add outlets at their own expense, as long as such Installation meets Grantee's standards and approval which approval shall not be unreasonably withheld. Grantee shall have three (3) months from the date of City designation to complete construction of the Drop and/or outlets unless weather or other conditions beyond the control of Grantee requires more time. e. Grantee agrees that it will not offset or reduce its payment of past, present or future Franchise Fees required pursuant to Sections 7.3 and 7.4 of this Franchise, 45 3017040x8 as a result of its obligation to provide the services listed in Section 6.8 and Exhibit A of this Franchise. f. Maintenance of said Complimentary Public Building Service shall be provided free of fees and charges. SECTION 7. OPERATION AND ADMINISTRATION PROVISIONS 1. Administration of Franchise. The City's designated cable television administrator, or its designee shall have continuing regulatory jurisdiction and supervision over the System and the Grantee's operation under the Franchise. The City may issue such reasonable rules and regulations concerning the construction, operation and maintenance of the System as are consistent with the provisions of the Franchise and law. 2. Delegated Authority. The City may appoint a citizen advisory body or a joint powers commission, or may delegate to any other body or Person authority to administer the Franchise and to monitor the performance of the Grantee pursuant to the Franchise. The Grantee shall cooperate with any such delegatee of the City. 3. Franchise Fee. a. During the term of the Franchise the Grantee shall pay, quarterly to the City or its delegatee, a Franchise Fee in an amount equal to five percent (5%) of its Gross Revenues. If any such law, regulation or valid rule alters the five percent (5%) Franchise Fee ceiling enacted by the Cable Act, then the City shall have the authority to (but shall not be required to) increase the Franchise Fee accordingly, provided such increase is for purposes not inconsistent with applicable law. In the event Grantee bundles or combines Cable Services (which are subject to the Franchise Fee) with non -Cable Services (which are not subject to the Franchise Fee) so that Subscribers pay a single fee for more than one (1) class of service resulting in a discount on Cable Services, Grantee agrees that for the purpose of calculation of the Franchise Fee, it shall allocate to Cable Service revenue no less than a pro rata share of the revenue received for the bundled or combined services. The pro rata share shall be computed on the basis of the published charge for each service in the bundled or combined classes of services when purchased separately. At no time during the term of this Franchise shall the Grantee be required to pay a Franchise Fee percentage that is greater than the monthly Franchise Fee percentage paid by any other franchised cable provider within the City. b. Any payments due under this provision shall be payable quarterly. The payment shall be made within thirty (30) days of the end of each of Grantee's fiscal quarters together with a Franchise Fee payment worksheet, attached hereto as Exhibit B, signed by an authorized representative of Grantee, which identifies Gross Revenues earned by Grantee during the period for which payment is made. C. All amounts paid shall be subject to audit and recomputation by City and acceptance of any payment shall not be construed as an accord that the amount 46 3017040x8 paid is in fact the correct amount. City agrees to conduct no more than one (1) audit during the initial five (5) year Franchise term, unless the audit discovers an underpayment in which case the City reserves the right to conduct further audits. If the City extends the Franchise for an additional term of five (5) years, the City agrees to conduct no more than two (2) audits during the additional five (5) year Franchise term. The Grantee shall be responsible for providing the City all records necessary, without delay, to confirm the accurate payment of Franchise Fees. All such documents pertaining to financial matters that may be the subject of an inspection by the City shall be retained by the Grantee for a minimum period of six (6) years, pursuant to Minnesota Statutes Section 541.05. If an audit discloses an overpayment or underpayment of Franchise Fees, the City shall notify the Grantee of such overpayment or underpayment. The City's audit expenses shall be borne by the City unless the audit determines that the payment to the City should be increased by more than five percent (5% o) in the audited period, in which case the costs of the audit shall be borne by the Grantee as a cost incidental to the enforcement of the Franchise. Any additional amounts due to the City as a result of the audit shall be paid to the City within thirty (30) days following written notice to the Grantee by the City of the underpayment, which notice shall include a copy of the audit report. If the recomputation results in additional revenue to be paid to the City, such amount shall be subject to a ten percent (10%) annual interest charge. If the audit determines that there has been an overpayment by the Grantee, the Grantee may credit any overpayment against its next quarterly payment. d. Any Franchise Fees owing pursuant to this Franchise which remain unpaid more than thirty (30) days after the dates specified herein shall be delinquent and shall thereafter accrue interest at twelve percent (12%) per annum or two percent (2%) above prime lending rate as quoted by the Wall Street Journal, whichever is greater. C. Nothing in this Franchise shall be construed to limit any authority of the City to impose any tax, fee or assessment of general applicability. f. The Franchise Fee payments required by this Franchise shall be in addition to any and all taxes or fees of general applicability. The Grantee shall not have or make any claim for any deduction or other credit of all or any part of the amount of said Franchise Fee payments from or against any of said taxes or fees of general applicability, except as expressly permitted by law. The Grantee shall not apply nor seek to apply all or any part of the amount of said Franchise Fee payments as a deduction or other credit from or against any of said taxes or fees of general applicability, except as expressly permitted by law. Nor shall the Grantee apply or seek to apply all or any part of the amount of any of said taxes or fees of general applicability as a deduction or other credit from or against any of its Franchise Fee obligations, except as expressly permitted by law. 47 30170400 4. Not Franchise Fees. a. The Franchise Fees provided for in Section 7.3 of this Franchise shall not be deemed to be in the nature of a tax, and shall be in addition to any and all taxes of general applicability and other fees and charges which the Grantee shall be required to pay to the City and/or to any other governmental authority, all of which shall be separate and distinct obligations of Grantee. b. Grantee shall not apply or seek to apply or make any claim that all or any part of the Franchise Fees or other payments or contributions to be made by Grantee to City pursuant to this Franchise and shall be deducted from or credited or offset against any taxes, fees or assessments of general applicability levied or imposed by the City or any other governmental authority, including any such tax, fee or assessment imposed on both utilities and cable operators or their services. C. Grantee shall not apply or seek to apply all or any part of any taxes, fees or assessments of general applicability levied or imposed by the City or any other governmental authority (including any such tax, fee or assessment imposed on both utilities and cable operators or their services) as a deduction or other credit from or against any of the Franchise Fees or other payments or contributions to be paid or made pursuant by Grantee to City to this Franchise, each of which shall be deemed to be separate and distinct obligations of the Grantee. 5. Access to Records. The City shall have the right to inspect, upon reasonable notice and during Grantee's administrative office hours, or require Grantee to provide within a reasonable time, on a confidential and proprietary basis, copies of any records maintained by Grantee or its Affiliates, including specifically Gross Revenues worksheets, and accounting and financial records maintained by Grantee which relate to compliance of System operations with this Franchise or other applicable law. 6. Records Required. Franchisee shall at all times maintain and provide to the City, within thirty (30) calendar days of a written request: a. Records of all complaints, pursuant to Section 5.4 (g -h) of this Franchise, for a period of six (6) years after receipt by Grantee, including the nature of each complaint, the date it was received, the disposition of the complaint, if any, and the date thereof, b. Records of outages for a period of six (6) years after occurrence, indicating date, duration, area, and the number of Subscribers affected, type of outage, and cause; C. Records of service calls for repair and maintenance for a period of six (6) years after resolution by Grantee, indicating the date and time service was required, the date of acknowledgment and date and time service was scheduled (if it was scheduled), and the date and time service was provided, and (if different) the date and time the problem was resolved; 48 3017040x8 d. Records of installation/reconnection orders for a period of six (6) years after the request was handled by Grantee, indicating the date of request, date of acknowledgment, and the date and time service was extended; e. Records documenting Franchisee's compliance with the provisions of this Franchise; f. Unless already provided by the Grantee at the quarterly meetings with City required in Section 2.8 herein, Grantee shall snake available accurate maps and improvement plans which show the location, size and a general description of all Grantee's facilities installed in the public Rights -of -Way and any power supply sources, including voltages and connections (snaps shall be based on post - construction inspection to verify location); and g. Grantee shall comply with FCC record-keeping regulations, and make the results of such record-keeping available to the City upon request. 7. Reports and Maps to be Filed with City. a. The Grantee shall file with the City, at the time of payment of the Franchise Fee, a confidential report of all Gross Revenues in a fonn substantially equivalent to Exhibit B, attached hereto. b. Grantee shall provide City with a quarterly customer service compliance report which shall, at a minimum, demonstrate Grantee's compliance with the terms and provisions of Section 5 of this Franchise. The City may, in its sole discretion, temporarily or permanently discontinue this report requirement at any time during the term of this Franchise. C. Upon request of the City and in no event later than thirty (30) days from the date of receipt of such request, the Grantee shall prepare and furnish to the City, at the times and in the form prescribed, such other reasonable reports with respect to Grantee's operations pursuant to this Franchise as the City may require. The City shall use its best efforts to protect proprietary or trade secret information all consistent with State and federal law. d. If required by the City, the Grantee shall snake available to the City the maps, plats, and permanent records of the location and character of all Grantee's facilities constructed, including underground facilities; and Grantee shall make available to the City updates of such maps, plats and permanent records annually if changes have been made to the System by Grantee in the Rights -of -Way. Unless otherwise specified in the Franchise, all reports, records and snaps required hereunder shall be made available to the City within thirty (30) days of the City's request or requirement. Failure to do so shall result in Grantee being subject to liquidated damages, pursuant to Section 8.2 (c) (i). 49 30170400 8. Periodic Evaluation. a. The City may require evaluation sessions at any time during the term of this Franchise, upon fifteen (15) days written notice to the Grantee. b. Topics which may be discussed at any evaluation session may include, but are not limited to, application of new technologies, System performance, programming offered, access Channels, facilities and support, Subscriber rates, customer complaints, amendments to this Franchise, judicial rulings, FCC rulings, and any other topics the City deems relevant. C. As a result of a periodic review or evaluation session, upon notification from City, Grantee shall meet with City and undertake good faith efforts to reach agreement on changes and modifications to the terms and conditions of the Franchise which are legally, economically and technically feasible. SECTION 8. GENERAL FINANCIAL AND INSURANCE PROVISIONS 1. Performance Bond. a. Within thirty (30) days of the Effective Date of the Franchise and at all times thereafter, until the Grantee has liquidated all of its obligations with the City, the Grantee shall furnish a bond to the City in the amount of One Hundred Thousand and/No Dollars ($100,000.00) in a form and with such sureties as are reasonably acceptable to the City. This bond will be conditioned upon the faithful performance by the Grantee of its Franchise obligations and upon the further condition that in the event the Grantee shall fail to comply with any law, ordinance or regulation governing the Franchise, there shall be recoverable jointly and severally from the principal and surety of the bond any damages or loss suffered by City as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the Grantee, plus a reasonable allowance for attorneys' fees and costs, up to the full amount of the bond, and further guaranteeing payment by the Grantee of claims, liens and taxes due the City which arise by reason of the construction, operation, or maintenance of the System. The rights reserved by the City with respect to the bond are in addition to all other rights the City may have under the Franchise or any other law. The City may, from year to year, in its sole discretion, reduce the amount of the bond. b. The time for Grantee to correct any violation or liability shall be extended by City if the necessary action to correct such violation or liability is, in the sole determination of City, of such a nature or character as to require more than thirty (3 0) days within which to perfonn, provided Grantee provides written notice that it requires more than thirty (30) days to correct such violations or liability, commences the corrective action within the thirty (30) day cure period and thereafter uses reasonable diligence to correct the violation or liability. 50 30170400 C. In the event this Franchise is revoked by reason of default of Grantee, City shall be entitled to collect from the perforinance bond that amount which is attributable to any damages sustained by City as a result of said default or revocation. d. Grantee shall be entitled to the return of the performance bond, or portion thereof, as remains sixty (60) days after the expiration of the tern of the Franchise or revocation for default thereof, provided City has not notified Grantee of any actual or potential damages incurred as a result of Grantee's operations pursuant to the Franchise or as a result of said default. e. The rights reserved to City, as applicable, with respect to the performance bond are in addition to all other rights of City whether reserved by this Franchise or authorized by law, and no action, proceeding or exercise of a right with respect to the performance bond shall affect any other right City may have. 2. Letter of Credit. a. Within thirty (30) days of the Effective Date of this Franchise, the Grantee shall deliver to the City an irrevocable and unconditional letter of credit, in a form and substance acceptable to the City, from a National or State bank approved by the City, in the amount of Twenty-five Thousand and No/100 Dollars ($25,000.00). b. The letter of credit shall provide that funds will be paid to the City upon written demand of the City, after notice and hearing as set forth herein at Section 8.2(e) and in an amount solely determined by the City in payment for penalties charged pursuant to this section, in payment for any monies owed by the Grantee to the City or any Person pursuant to its obligations under this Franchise, or in payment for any damage incurred by the City or any person as a result of any acts or omissions by the Grantee pursuant to this Franchise. C. In addition to recovery of any monies owed by the Grantee to the City or any Person or damages to the City or any Person as a result of any acts or omissions by the Grantee pursuant to the Franchise, the City in its sole discretion may charge to and collect from the letter of credit the following penalties: i. For failure to provide data, documents, reports or information or to cooperate with City during an application process or system review or as otherwise provided herein, the penalty shall be Two Hundred Fifty and No/100 Dollars ($250.00) per day for each day, or part thereof, such failure occurs or continues; ii. Fifteen (15) days following notice from City of a failure of Grantee to comply with construction, operation or maintenance standards, the penalty shall be Five Hundred and No/100 Dollars ($500.00) per day for each day, or part thereof, such failure occurs or continues; iii. For failure to provide the services and the payments required by this Franchise, including, but not limited to, the implementation and the 51 3017040x8 utilization of the PEG Access Channels, the penalty shall be Five Hundred and No/100 Dollars ($500.00) per day for each day, or part thereof, such failure occurs or continues; iv. For Grantee's breach of any written contract or agreement with or to the City, the penalty shall be Five Hundred and No/100 Dollar ($500.00) per day for each day, or part thereof, such breach occurs or continues; and V. For failure to comply with any of the provisions of this Franchise for which a penalty is not otherwise specifically provided pursuant to this paragraph (c), the penalty shall be Two Hundred Fifty and No/100 Dollars ($250.00) per day for each day, or part thereof, such failure occurs or continues. d. Each violation of any provision of this Franchise shall be considered a separate violation for which a separate penalty can be imposed. e. Whenever the City determines that the Grantee has violated one or more terms, conditions or provisions of this Franchise or for any other violation contemplated in subparagraph (c) above, a written notice shall be given to Grantee informing it of such violation. At any time after thirty (30) days (or such longer reasonable time which, in the determination of the City, is necessary to cure the alleged violation) following local receipt of notice, provided the Grantee remains in violation of one or more terms, conditions or provisions of this Franchise, in the sole opinion of the City, the City may draw from the letter of credit all penalties and other monies due the City from the date of the local receipt of notice. f. The Grantee may, within seven (7) days of receipt of such written notice, notify the City in writing that there is a dispute as to whether a violation or failure has in fact occurred. Such written notice by the Grantee to the City shall specify with particularity the matters disputed by Grantee. City shall hear Grantee's dispute within sixty (60) days and the City shall render a final decision within sixty (60) days thereafter. g. If Grantee does not dispute the alleged violation or upon the determination of the City that a violation has taken place, subject to Grantee's right to seek any applicable judicial review, the City may draw from the letter of credit an amount to cover any failure of Grantee to pay penalties accrued but unpaid after seven (7) days written notice of such final determination. h. If said letter of credit or any subsequent letter of credit delivered pursuant thereto expires prior to thirty (30) months after the expiration of the tern of this Franchise, it shall be renewed or replaced during the term of this Franchise to provide that it will not expire earlier than thirty (30) months after the expiration of this Franchise. The renewed or replaced letter of credit shall be of the same form and with a bank authorized herein and for the full amount stated in paragraph (a) of this section. 52 30170400 If the City draws upon the letter of credit or any subsequent letter of credit delivered pursuant hereto, in whole or in part, the Grantee shall replace or replenish to its full amount the same within ten (10) days and shall deliver to the City a like replacement letter of credit or certification of replenishment for the full amount stated in Section 8.2(a) as a substitution of the previous letter of credit. This shall be a continuing obligation for any withdrawals from the letter of credit. j. If any letter of credit is not so replaced or replenished, the City may draw on said letter of credit for the whole amount thereof and use the proceeds as the City determines in its sole discretion. The failure to replace or replenish any letter of credit may also, at the option of the City, be deemed a default by the Grantee under this Franchise. The drawing on the letter of credit by the City, and use of the money so obtained for payment or performance of the obligations, duties and responsibilities of the Grantee which are in default, shall not be a waiver or release of such default. k. The collection by City of any damages, monies or penalties from the letter of credit shall not affect any other right or remedy available to it, nor shall any act, or failure to act, by the City pursuant to the letter of credit, be deemed a waiver of any right of the City pursuant to this Franchise or otherwise. 3. Indemnification of City. a. Grantee shall, at its sole expense, fully indemnify, defend and hold harmless the City, and in their capacity as such, the officers and employees thereof, from and against any and all claims, suits, actions, liability and judgments for damage or otherwise except those arising wholly from negligence on the part of the City or its employees; for actual or alleged injury to persons or property, including loss of use of property due to an occurrence, whether or not such property is physically damaged or destroyed, in any way arising out of or through or alleged to arise out of or through the acts or omissions of Grantee or its officers, agents, employees, or contractors or to which Grantee's or its officers, agents, employees or contractors acts or omissions in any way contribute, and whether or not such acts or omissions were authorized or contemplated by this Franchise or applicable law; arising out of or alleged to arise out of any claim for damages for Grantee's invasion of the right of privacy, defamation of any Person, firm or corporation, or the violation of infringement of any copyright, trademark, trade name, service mark or patent, or of any other right of any Person, film or corporation; arising out of or alleged to arise out of Grantee's failure to comply with the provisions of any Applicable Law. Nothing herein shall be deemed to prevent the City, its officers, or its employees from participating in the defense of any litigation by their own counsel at such parties' expense. Such participation shall not under any circumstances relieve Grantee from its duty of defense against liability or of paying any judgment entered against the City, its officers, or its employees. b. Grantee shall contemporaneously with this Franchise execute an Indemnity Agreement in a form acceptable to the City attached as Exhibit C, which shall 53 3017040x8 indemnify, defend and hold the City harmless for any claim for injury, damage, loss, liability, cost or expense, including court and appeal costs and reasonable attorneys' fees or reasonable expenses arising out of the actions of the City in granting this Franchise. This obligation includes any claims by another franchised cable operator against the City that the terms and conditions of this Franchise are less burdensome than another franchise granted by the City or that this Franchise does not satisfy the requirements of applicable federal, State, or local laws. C. The Grantee shall not be required to indemnify the City for negligence or misconduct related solely to PEG programming, on the part of the City or either of their officers, boards, committees, commissions, elected or appointed officials, employees, volunteers or agents, including any loss or claims. 4. Insurance. a. As a part of the indemnification provided in Section 8.3, but without limiting the foregoing, Grantee shall file with City at the time of its acceptance of this Franchise, and at all times thereafter maintain in full force and effect at its sole expense, a comprehensive general liability insurance policy, including broadcaster's/cablecaster's liability and contractual liability coverage, in protection of the Grantee, the City and its officers, elected and appointed officials, boards, commissions, commissioners, agents, employees and volunteers for any and all damages and penalties which may arise as a result of this Franchise. The policy or policies shall list the City as additional insureds, and in their capacity as such, City and its officers, elected and appointed officials, boards, commissions, agents, employees and volunteers. The broadcaster's/cablecaster's liability coverage specified in this provision shall be subject to paragraph 9(3), above, regarding indemnification of the City. b. The policies of insurance shall be in the sum of not less than $1,000,000.00 for personal injury or death of any one Person, and $2,000,000.00 for personal injury or death of two or more Persons in any one occurrence, $1,000,000.00 for property dainage to any one person and $2,000,000.00 for property damage resulting from any one act or occurrence. C. The policy or policies of insurance shall be maintained by Grantee in full force and effect during the entire teen of the Franchise. Each policy of insurance shall contain a statement on its face that the insurer will not cancel the policy or fail to renew the policy, whether for nonpayment of premium, or otherwise, and whether at the request of Grantee or for other reasons, except after sixty (60) days advance written notice have been provided to the City. 54 30170400 SECTION 9. SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE 1. City's Right to Revoke. a. In addition to all other rights which City has pursuant to law or equity, City reserves the right to commence proceedings to revoke, terininate or cancel this Franchise, and all rights and privileges pertaining thereto, if it is determined by City that: i. Grantee has violated material provisions(s) of this Franchise; or ii. Grantee has attempted to evade any of the provisions of the Franchise; or iii. Grantee has practiced fraud or deceit upon City. b. City may revoke this Franchise without the hearing required by Section 9.2(b) herein if Grantee is adjudged to be bankrupt. 2. Procedures for Revocation. a. The City shall provide the Grantee with written notice of a basis for revocation and the intent to revoke and shall allow Grantee thirty (30) days subsequent to receipt of the notice in which to correct the violation or to provide adequate assurance of performance in compliance with the Franchise. In the notice required herein, the City shall provide the Grantee with the basis for revocation. b. The Grantee shall be provided the right to a public hearing affording due process before the City Council prior to the effective date of revocation, which public hearing shall follow the thirty (30) day notice provided in subparagraph (a) above. The City shall provide the Grantee with written notice of its decision together with written findings of fact supplementing said decision. C. Only after the public hearing and upon written notice of the determination by the City to revoke the Franchise may the Grantee appeal said decision with an appropriate State or federal court or agency. d. During the appeal period, the Franchise shall remain in full force and effect unless the term thereof sooner expires or unless continuation of the Franchise would endanger the health, safety and welfare of any person or the public. 3. Abandonment of Service. The Grantee may not abandon the System or any portion thereof without having first given three (3) months written notice to the City. The Grantee may not abandon the System or any portion thereof without compensating the City for damages resulting from the abandonment, including all costs incident to removal of the System, if required by the City pursuant to Section 9.4. 55 30170400 4. Removal After Abandonment, Termination or Forfeiture. a. In the event of termination or forfeiture of the Franchise or abandonment of the System, the City shall have the right to require the Grantee to remove all or any portion of the System utilized exclusively for the provision of Cable Services from all Rights -of -Way and public property within the City. b. If the Grantee has failed to commence removal of the System pursuant to Section 9.4 (a), or such part thereof as was designated by the City, within thirty (30) days after written notice of the City's demand for removal is given, or if the Grantee has failed to complete such removal within twelve (12) months after written notice of the City's demand for removal is given, the City shall have the right to apply funds secured by the letter of credit and Performance Bond toward removal and/or declare all right, title, and interest to the System to be in the City with all rights of ownership including, but not limited to, the right to operate the System or transfer the System to another for operation by it. 5. Sale or Transfer of Franchise. a. No sale or transfer of the Franchise, or sale, transfer, or fundamental corporate change of or in Grantee, including, but not limited to, a fundamental corporate change in Grantee's parent corporation or any entity having a controlling interest in Grantee, the sale of a controlling interest in the Grantee's assets, a merger including the merger of a subsidiary and parent entity, consolidation, or the creation of a subsidiary or Affiliate, shall take place until a written request has been filed with the City requesting approval of the sale, transfer, or corporate change and such approval has been granted or deemed granted, provided, however, that said approval shall not be required where Grantee grants a security interest in its Franchise and/or assets to secure an indebtedness. Upon notice to City, Grantee may undertake legal changes necessary to consolidate its corporate or partnership structure provided there is no change in the controlling interests which could materially alter the financial responsibilities for the Grantee and such changes do not otherwise trigger review under Minnesota Statutes Section 238.083. b. Subject to the exceptions in Section 9.5 (a), any sale, transfer, exchange or assignment of stock in Grantee, or Grantee's parent corporation or any other entity having a controlling interest in Grantee, so as to create a new controlling interest therein, shall be subject to the requirements of this Section 9.5. The term "controlling interest" as used herein is not limited to majority stock ownership, but includes actual working control in whatever manner exercised. In any event, as used herein, a new "controlling interest" shall be deemed to be created upon the acquisition through any transaction or related group of transactions of a legal or beneficial interest of fifteen percent (15%) or more by one Person. Acquisition by one Person of an interest of five percent (5%) or more in a single transaction shall require notice to the City. 56 30170400 C. The Grantee shall file, in addition to all documents, forms and inforination required to be filed by applicable law, the following: i. All contracts, agreements or other documents that constitute the proposed transaction and all exhibits, attaclnnents, or other documents referred to therein which are necessary in order to understand the terms thereof. ii. A list detailing all documents filed with any state or federal agency related to the transaction including, but not limited to, the MPUC, the FCC, the FTC, the FEC, the SEC or MnDOT. Upon request, Grantee shall provide City with a complete copy of any such document; and iii. Any other documents or information related to the transaction as may be specifically requested by the City. d. The City shall have such time as is permitted by federal law in which to review a transfer request. e. Grantee shall reimburse City for all reasonable legal, administrative, consulting costs and fees associated with the City's review of any request to transfer. Nothing herein shall prevent Grantee from negotiating partial or complete payment of such costs and fees by the transferee. Grantee may not itemize any such reimbursement on Subscriber bills, but may recover such expenses in its Subscriber rates. f. In no event shall a sale, transfer, corporate change, or assignment of ownership or control pursuant to subparagraph (a) or (b) of this section be approved without the transferee becoming a signatory to this Franchise and assuming all rights and obligations hereunder. g. In the event of any proposed sale, transfer, corporate change, or assignment pursuant to subparagraph (a) or (b) of this section, the City shall have the right to purchase the System, utilized exclusively for the provision of Cable Service, for the value of the consideration proposed in such transaction. The City shall be notified by Grantee of City's right to purchase upon City's receipt of notice of the material terms of an offer or proposal for sale, transfer, corporate change, or assignment, which Grantee has accepted. Notice of such offer or proposal must be conveyed to City in writing and separate from any general announcement of the transaction. h. The City shall be deemed to have waived its right to purchase the System pursuant to this section only in the following circumstances: If City does not indicate to Grantee in writing, within sixty (60) days of receipt of written notice of a proposed sale, transfer, corporate change, or assignment as contemplated in Section 9.5(g) above, its intention to exercise its right of purchase; or 57 3017040v8 ii. It approves the assignment or sale of the Franchise as provided within this section. No Franchise may be transferred if the City determines the Grantee is in noncompliance of the Franchise unless an acceptable compliance program has been approved by City. The approval of any transfer of ownership pursuant to this section shall not be deemed to waive any rights of City to subsequently enforce noncompliance issues relating to this Franchise. j. Any transfer or sale of the Franchise without the prior written consent of the City shall be considered to impair the City's assurance of due performance. The granting of approval for a transfer or sale in one instance shall not render unnecessary approval of any subsequent transfer or sale for which approval would otherwise be required. SECTION 10. PROTECTION OF INDIVIDUAL RIGHTS 1. Discriminatory Practices Prohibited. Grantee shall not deny service, deny access, or otherwise discriminate against Subscribers or general citizens on the basis of race, color, religion, national origin, sex, age, status as to public assistance, affectional preference, or disability. Grantee shall comply at all times with all other applicable federal, State, and City laws. SECTION 11. UNAUTHORIZED CONNECTIONS AND MODIFICATIONS 1. Unauthorized Connections or Modifications Prohibited. It shall be unlawful for any firm, Person, group, company, corporation, or governmental body or agency, without the express consent of the Grantee, to snake or possess, or assist anybody in making or possessing, any unauthorized connection, extension, or division, whether physically, acoustically, inductively, electronically or otherwise, with or to any segment of the System or to receive services of the System without Grantee's authorization. 2. Removal or Destruction Prohibited. It shall be unlawful for any firm, Person, group, company, or corporation to willfully interfere, tamper with, remove, obstruct, or damage, or assist thereof, any part or segment of the System for any purpose whatsoever, except for any rights the City may have pursuant to this Franchise or its police powers. 3. Penalty. Any firm, Person, group, company, or corporation found guilty of violating this section may be fined not less than Twenty Dollars ($20.00) and the costs of the action or more than Five Hundred Dollars ($500.00) and the costs of the action for each and every subsequent offense. Each continuing day of the violation shall be considered a separate occurrence. SECTION 12. MISCELLANEOUS PROVISIONS 1. Franchise Renewal. Any renewal of this Franchise shall be performed in accordance with applicable federal, State and local laws and regulations. The term of any renewed Franchise shall be limited to a period not to exceed fifteen (15) years. 58 3017040x8 Z. Work Performed by Others. All applicable obligations of this Franchise shall apply to any subcontractor or others performing any work or services pursuant to the provisions of this Franchise, however, in no event shall any such subcontractor or other perfonning work obtain any rights to maintain and operate a System or provide Cable Service. Grantee shall be responsible for all work performed by its contractors and subcontractors, and others performing work on its behalf as if the work were performed by it and shall ensure that all such work is performed in compliance with this Franchise, the City Code and other applicable law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is Grantee's responsibility to ensure that contractors, subcontractors or other Persons performing work on Grantee's behalf are familiar with the requirements of this Franchise, the City Code and other applicable laws governing the work performed by thele. 3. Amendment of Franchise Ordinance. The Grantee and the City may agree, from time to time, to amend this Franchise. Such written amendments may be made subsequent to a review session pursuant to Section 7.8 or at any other time if the City and the Grantee agree that such an amendment will be in the public interest or if such an amendment is required due to changes in federal, State or local laws. Provided, however, nothing herein shall restrict the City's exercise of its police powers. 4. Compliance with Federal, State and Local Laws. a. If any federal or State law or regulation shall require or permit City or Grantee to perform any service or act or shall prohibit City or Grantee from perfonning any service or act which may be in conflict with the terms of this Franchise, then as soon as possible following knowledge thereof, either party shall notify the other of the point in conflict believed to exist between such law or regulation. Grantee and City shall conform to State laws and rules regarding cable communications not later than one year after they become effective, unless otherwise stated, and conform to federal laws and regulations regarding cable as they become effective. b. In the event that federal or State laws, rules or regulations preempt a provision or limit the enforceability of a provision of this Franchise, the provision shall be read to be preempted to the extent and for the time, but only to the extent and for the time, required or necessitated by law. In the event such federal or State law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision hereof that had been preempted is no longer preempted, such provision shall thereupon return to full force and effect, and shall thereafter be binding on the parties hereto, without the requirement of further action on the part of the City. C. If any term, condition or provision of this Franchise or the application thereof to any Person or circumstance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof and the application of such term, condition or provision to Persons or circumstances other than those as to whom it shall be held invalid or unenforceable shall not be affected thereby, and this Franchise and all the terms, provisions and conditions hereof shall, in all other respects, continue to 59 30170400 be effective and complied with provided the loss of the invalid or unenforceable clause does not substantially alter the agreement between the parties. In the event such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision which had been held invalid or modified is no longer in conflict with the law, rules and regulations then in effect, said provision shall thereupon return to full force and effect and shall thereafter be binding on Grantee and City without further action by the City. d. The City and Grantee shall, at all times during the term of this Franchise, including all extensions and renewals thereof, comply with applicable federal, State and local laws and regulations. 5. Nonenforcement by City. The failure of the City on one or more occasions to exercise a right or to require compliance or perforinance under this Franchise, the City Code or any other applicable law or regulation shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance by the City nor to excuse the Grantee from complying or performing, unless such right or such compliance or performance has been specifically waived in writing. Waiver of a breach of this Franchise shall not be a waiver of any other breach, whether similar to or different from that waived. Neither the granting of the Franchise, nor any provision herein, nor any action by the City hereunder shall constitute a waiver of or a bar to the exercise of any governmental right or power of the City, including without limitation the right of eminent domain. The Grantee shall have no recourse against the City for any loss, cost, expense, claim, liability or damage arising out of any action undertaken or not undertaken by the Grantee pursuant to the Franchise, or the City Code, whether or not such action or non -action was required by the Franchise, or the City Code, arising out of the enforcement or non -enforcement by the City of any provision or requirement of this Franchise, or the City Code, or otherwise arising out of the Franchise, or the City Code. 6. Rights Cumulative. All rights and remedies given to City by this Franchise or retained by City herein shall be in addition to and cumulative with any and all other rights and remedies, existing or implied, now or hereafter available to City, at law or in equity, and such rights and remedies shall not be exclusive, but each and every right and remedy specifically given by this Franchise or otherwise existing or given may be exercised from time to time and as often and in such order as may be deemed expedient by City and the exercise of one or more rights or remedies shall not be deemed a waiver of the right to exercise at the same time or thereafter any other right or remedy. 7. Grantee Acknowledgment of Validity of Franchise. The Grantee acknowledges that it has had an opportunity to review the terms and conditions of this Franchise and that under current law Grantee believes that said terns and conditions are not unreasonable or arbitrary, and that Grantee believes City has the power to make the terns and conditions contained in this Franchise. 8. Force Majeure. The Grantee shall not be deemed in default of provisions of this Franchise or the City Code where performance was rendered impossible by war or riots, labor strikes or civil disturbances, floods, or other causes beyond the Grantee's control, 60 3017040x8 and the Franchise shall not be revoked or the Grantee penalized for such noncompliance, provided that the Grantee, when possible, takes immediate and diligent steps to bring itself back into compliance and to comply as soon as possible, under the circumstances, with the Franchise without unduly endangering the health, safety and integrity of the Grantee's employees or property, or the health, safety and integrity of the public, the Rights -of -Way, public property or private property. In the event Grantee's performance of any of the terns, conditions, obligations or requirements of this Franchise is prevented or unpaired due to any cause set forth in this paragraph, such inability to perform shall be deemed to be excused for the period of such inability and no penalties or sanctions shall be imposed as a result thereof, provided Grantee has notified City in writing within ten (10) days of the City's notice of an alleged violation. 9. Governing Law. This Franchise shall be governed in all respects by the law of the State of Minnesota. 10. Captions and References. a. The captions and headings of sections throughout this Franchise are intended solely to facilitate reading and reference to the sections and provisions of this Franchise. Such captions shall not affect the meaning or interpretation of this Franchise. b. When any provision of the City Code is expressly mentioned herein, such reference shall not be construed to limit the applicability of any other provision of the City Code that may also govern the particular matter in question. 11. Rights of Third Parties. This Franchise is not intended to, and shall not be construed to, grant any rights to or vest any rights in third parties, unless expressly provided herein. 12. Merger of Documents. This Franchise and the attachments hereto, constitute the entire Franchise agreement between the City and the Grantee, and supersede all prior oral or written franchises and understandings. SECTION 13. PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS 1. Publication. This Franchise shall be published in accordance with applicable local and Minnesota law. 2. Acceptance. a. Grantee shall accept this Franchise within sixty (60) days of its enactment by the City Council, unless the time for acceptance is extended by the City. The City's "Notice of Intent to Consider an Application for a Franchise" ("Notice") provided, consistent with Minn. Stat. 238.081 subd. 8, that applicants would be required to reimburse the City for all necessary costs of processing a cable communications franchise. Grantee submitted an application fee with its application to the City. The Notice further provided that any unused portion of the application fee would be returned and any additional fees required to process 61 3017040v8 the application and franchise, beyond the application fee, would be assessed to the successful applicant. The Grantee shall therefore submit to the City at the time of acceptance of this Franchise, a check made payable to the City of Eagan, Minnesota for all additional fees and costs incurred by the City. The City shall provide Grantee with a letter specifying such additional costs following approval of this Franchise by the City Council. Such acceptance by the Grantee shall be deemed the grant of this Franchise for all purposes provided, however, this Franchise shall not be effective until all City ordinance adoption procedures are complied with and all applicable timelines have run for the adoption of a City ordinance. In the event acceptance does not take place, or should all ordinance adoption procedures, timelines and payments not be completed, this Franchise and any and all rights granted hereunder to the Grantee shall be null and void. b. Upon acceptance of this Franchise, the Grantee and the City shall be bound by all the terms and conditions contained herein. The Grantee agrees that this Franchise is not inconsistent with applicable law or regulations at the time it is executed. C. Grantee shall accept this Franchise in the following manner: i. This Franchise will be properly executed and acknowledged by Grantee and delivered to City. ii. With its acceptance or as specified herein, Grantee shall also deliver any security fund, performance bond and insurance certificates required herein that are due but have not previously been delivered. 3. Binding Acceptance. This Franchise shall bind and benefit the parties hereto and their respective authorized heirs, beneficiaries, administrators, executors, receivers, trustees, successors and assigns. Passed and adopted this day of , 2016. ATTEST: an Christina M. Scipioni, Clerk 62 3017040x8 CITY OF EAGAN, MINNESOTA : Mike Maguire, Mayor ACCEPTED: This Franchise is accepted and we agree to be bound by its terms and conditions. QWEST BROADBAND SERVICES, INC. DBA CENTURYLINK Dated: Its: SWORN TO BEFORE ME this day of , 2016. NOTARY PUBLIC 63 30170400 EXHIBIT A SERVICE TO DESIGNATED PUBLIC BUILDINGS A-1 3017040v8 NAME ADDRESS 1. City Hall, including Administration, Police & Master 3830 Pilot Knob Road Control 2. Blackhawk/Diffley (new fire hall #1 planned) 4200 Blackhawk Road 3. Fire Safety Center/Station #2 including Emergency 1001 Station Trail Operations Center, Command office area and firefighter quarters 4. Fire Station #4 4200 Dodd Road 5. Fire Station #5 4701 Galaxy Avenue 6. Central Maintenance 3501 Coachman Road 7, North Water Treatment 3419 Coachman Point 8. South Water Treatment 1395 Cliff Road 9. E -TV Studios (lower level) 610 Opperman Drive 10. Civic Center/Ice Arena 3850 Pilot Knob Road 11. Cascade Bay 1360 Civic Center Parkway 12. Community Center 1501 Central Parkway 13. Cedar Alternative School 2140 Diffley Road 14. Eagan High School 4185 Braddock Road 15. Blackhawk Middle School 1540 Deerwood Drive 16. Metcalf Junior High 2250 Diffley Road 17. Dakota Hills Middle School 4183 Braddock Road 18. Deerwood Elementary 1460 Deerwood Drive 19. Glacier Hills Elementary 3825 Glacier Drive 20. Northview Elementary 965 Diffley Road 21. Oak Ridge Elementary 4350 Johnny Cake Ridge Road 22. Pilot Knob Elementary 1436 Lone Oak Road 23. Pinewood Elementary 4300 Dodd Road 24. Rahn Elementary 4424 Sandstone Drive 25. Red Pine Elementary 530 Red Pine Lane 26. Thomas Lake Elementary 4350 Thomas Lake Road 27. Woodland Elementary 945 Wescott Road A-1 3017040v8 EXHIBIT B FRANCHISE FEE PAYMENT WORKSHEET E SECRET — CONFIDENTIAL Fee Factor: 5% B-1 3017040v8 Month/Year Month/Year Month/Year Total A la Carte Video Services Audio Services Basic Cable Service Installation Charge Bulk Revenue Expanded Basic Cable Service Pay Service Pay-per-view Guide Revenue Franchise Fee Revenue Advertising Revenue Home Shopping Revenue Digital Services Inside Wiring Other Revenue Equipment Rental Processing Fees PEG Fee FCC Fees Bad Debt Late Fees REVENUE Fee Calculated Fee Factor: 5% B-1 3017040v8 EXHIBIT C INDEMNITY AGREEMENT INDEMNITY AGREEMENT made this day of , 2016, by and between Qwest Broadband Services, Inc., a Delaware Corporation, party of the first part, hereinafter called "CenturyLink," and the City of Eagan, a Minnesota Municipal Corporation, party of the second part, hereinafter called "City." WITNESSETH: WHEREAS, the City of Eagan has awarded to Qwest Broadband Services, Inc. a franchise for the operation of a cable communications system in the City of Eagan; and WHEREAS, the City has required, as a condition of its award of a cable communications franchise, that it be indemnified with respect to all claims and actions arising from the award of said franchise, NOW THEREFORE, in consideration of the foregoing promises and the mutual promises contained in this agreement and in consideration of entering into a cable television franchise agreement and other good and valuable consideration, receipt of which is hereby acknowledged, CenturyLink hereby agrees, at its sole cost and expense, to fully indemnify, defend and hold hannless the City, its officers, boards, commissions, employees and agents against any and all claims, suits, actions, liabilities and judgments for damages, cost or expense (including, but not limited to, court and appeal costs and reasonable attorneys' fees and disbursements assumed or incurred by the City in connection therewith) arising out of the actions of the City in granting a franchise to CenturyLink. This includes any claims by another franchised cable operator against the City that the terms and conditions of the CenturyLink franchise are less burdensome than another franchise granted by the City or that the CenturyLink Franchise does not satisfy the requirements of applicable federal, state, or local law(s). The indemnification provided for herein shall not extend or apply to any acts of the City constituting a violation or breach by the City of the contractual provisions of the franchise ordinance, unless such acts are the result of a change in Applicable Law, the order of a court or administrative agency, or are caused by the acts of CenturyLink. The City shall give CenturyLink reasonable notice of the making of any claim or the commencement of any action, suit or other proceeding covered by this agreement. The City shall cooperate with CenturyLink in the defense of any such action, suit or other proceeding at the request of CenturyLink. The City may participate in the defense of a claim, but if CenturyLink provides a defense at CenturyLink's expense then CenturyLink shall not be liable for any attorneys' fees, expenses or other costs that City may incur if it chooses to participate in the defense of a claim, unless and until separate representation is required. If separate representation to fully protect the interests of both parties is or becomes necessary, such as a conflict of interest, in accordance with the Minnesota Rules of Professional Conduct, between the City and the counsel selected by CenturyLink to represent the City, CenturyLink shall pay, from the date such separate representation is required forward, all reasonable expenses incurred by the City in defending itself with regard to any action, suit or proceeding indemnified by CenturyLink. C-1 30170400 Provided, however, that in the event that such separate representation is or becomes necessary, and City desires to hire counsel or any other outside experts or consultants and desires CenturyLink to pay those expenses, then City shall be required to obtain CenturyLink's consent to the engagement of such counsel, experts or consultants, such consent not to be unreasonably withheld. Notwithstanding the foregoing, the parties agree that the City may utilize at any time, at its own cost and expense, its own City Attorney or outside counsel with respect to any claim brought by another franchised cable operator as described in this agreement. The provisions of this agreement shall not be construed to constitute an amendment of the cable communications franchise ordinance or any portion thereof, but shall be in addition to and independent of any other similar provisions contained in the cable communications franchise ordinance or any other agreement of the parties hereto. The provisions of this agreement shall not be dependent or conditioned upon the validity of the cable communications franchise ordinance or the validity of any of the procedures or agreements involved in the award or acceptance of the franchise, but shall be and remain a binding obligation of the parties hereto even if the cable communications franchise ordinance or the grant of the franchise is declared null and void in a legal or administrative proceeding. It is the purpose of this agreement to provide maximum indemnification to City under the ten -ns set out herein and, in the event of a dispute as to the meaning of this Indemnity Agreement, it shall be construed, to the greatest extent permitted by law, to provide for the indemnification of the City by CenturyLink. This agreement shall be a binding obligation of and shall inure to the benefit of, the parties hereto and their successor's and assigns, if any. QWEST BROADBAND SERVICES, INC. D/B/A CENTURYLINK Dated: 52016 By: Its: STATE OF LOUISIANA ) ) SS ) The foregoing instrument was acknowledged before me this day of 2016, by , the of Qwest Broadband Services, Inc., a Delaware Corporation, on behalf of the corporation. Notary Public Commission Expires C-2 3017040x8 CITY OF EAGAN, MINNESOTA BY: Mike Maguire, Mayor ATTEST: Christina M. Scipioni, Clerk C-3 30170400 EXHIBIT 2 Findings of Fact Exhibit 2 CITY OF EAGAN, MINNESOTA RESOLUTION NO. Regarding an Ordinance Granting a Competitive Cable Franchise to Qwest Broadband Services, Inc., d/b/a CenturyLink RECITALS: WHEREAS, the City of Eagan, Minnesota makes the following FINDINGS OF FACT: 1. In March 2015, Qwest Broadband Services, Inc., d/b/a CenturyLink, Inc. ("CenturyLink") requested that the City of Eagan, Minnesota ("City") initiate proceedings to consider awarding it a franchise to provide cable communications services in the City ("Service Territory"). 2. Comcast of Minnesota, Inc. ("Comcast") holds a non-exclusive cable communications franchise for the Service Territory ("Comcast Franchise"). 3. The Comcast Franchise, which the City last renewed on or about January 1, 2000, is currently the only cable communications franchise for the Service Territory. 4. The monopoly held by a sole cable communication provider in a particular market is a barrier to entry for additional providers, which do not have a captive market must instead "win" every subscriber.' 5. The presence of a second cable operator in a market improves the quality of offerings and drives down prices by approximately fifteen percent (15%).2 6. On June 12, 2015 and June 19, 2015, the City published a Notice of Intent to Franchise a Cable Communications System ("Notice") in the STW Burnsville/Eagan, a newspaper of general circulation in the Service Territory. 7. The Notice indicated that the City was soliciting franchise applications and provided information regarding the application process, including that applications were required to be submitted on or before July 3, 2015 and that a public hearing to hear proposals from applicants would be held by the City on July 21, 2015 at 6:30 PM. ' In the Matter of Section 621(a)(1) of the Cable Communications Policy Act of 1984 as amended by the Cable Television Consumer Protection and Competition Act of 1992, Report and Order and Further Notice of Proposed Rulemaking, MB Docket No. 05-311, at ¶ 138 (Rel. Mar. 5, 2007) ("621 Order"). 2 Id. at ¶¶ 2, 50. 1 8. The City also mailed copies of the Notice and application materials to and Comcast.3 9. On July 1, 2015, the City received an application from CenturyLink (the "CenturyLink Application"). The City did not receive any other applications. 10. On July 20, 2015, Comcast submitted a letter to the City setting forth its position regarding the CenturyLink Application ("Comcast Letter"). 11. The Comcast Letter expresses concern about CenturyLink's proposal and how CenturyLink will be held to particular provisions of the existing Comcast Franchise.5 12. The Comcast Letter also summarizes Comcast's position regarding build -out requirements and other proposed terms related to competition in the cable industry. 13. As provided by the Notice, on July 21, 2015 the City held a public hearing during the City's regularly scheduled meeting to consider CenturyLink's application and qualifications. 14. During the July 21, 2015 hearing, CenturyLink presented its proposal and all other interested parties were provided an opportunity to speak and present information to the City regarding the CenturyLink Application. 15. The law firm of Moss & Barnett, a Professional Association prepared a report, dated July 10, 2015 ("Franchise Report"), reviewing and analyzing the applicable franchising procedures, the CenturyLink Application and other information provided by CenturyLink in connection with the July 21, 2015 public hearing.7 16. The Franchise Report identifies and discusses federal and state legal requirements relevant to the City's consideration of the CenturyLink Application, including pertaining to franchising procedures and competition between providers.8 17. The Franchise Report also analyzes information provided by CenturyLink to establish its qualifications to operate a cable communications franchise in the Service Territory.9 3 Notice by the City of Eagan, Minnesota of Its Intent to Consider An Application for a Franchise and Request for Proposals - Official Application Form. 4See, July 20, 2015 letter from Emmett V. Coleman to Tom Garrison, Communications Director for the City, regarding CenturyLink Video Franchise Application. 5 Id. at 2. 6 Id. at 1-2. Report to the City of Eagan, Minnesota Regarding Qwest Broadband Services, Inc. d/b/a/ CenturyLink — Proposal for a Cable Communication Franchise, July 10, 2015. s Franchise Report at 2-8. 91d. at 11-12. 2 18. At its meeting on July 21, 2015, the City considered the Franchise Report, along with the information and documentation it had received regarding the CenturyLink Application, and adopted a resolution finding and concluding that the CenturyLink Application complied with the requirements of Minn. Stat. § 238.081 and that CenturyLink is legally, technically, and financially qualified to operate a cable communications system within the Service Territory. 19. As a result of its determination that CenturyLink complied with all application requirements and is a qualified applicant, the City authorized staff to negotiate with CenturyLink to attempt to reach mutually acceptable terms for such a franchise. 20. In Minnesota, both state and federal law govern the terms and conditions of an additional cable communications franchise in an already -franchised service area. 10 21. The franchising authority may not grant an exclusive franchise or unreasonably refuse to award an additional competitive franchise. 11 22. The franchising authority must allow an applicant reasonable time to become capable of providing cable service to all households in the service area. 12 23. The franchising authority may grant an additional franchise in an already - already -franchised service area if the terms and conditions of the additional franchise are not "more favorable or less burdensome than those in the existing franchise" regarding the area served, the PEG access requirements, and franchise fees. 13 24. The additional franchise must also include, among other things, "a schedule showing ... that the construction throughout the authorized franchise area must substantially completed within five years of the granting of the franchise." 14 25. In order to ensure that any additional franchise granted to CenturyLink would contain substantially similar service area, PEG access requirements, and franchise fees to the Comcast Franchise, the City used the Comcast Franchise as the base document for its negotiations. 26. On April 5, 2016, the City Council gave notice that it intended to introduce an ordinance granting a cable communications franchise to CenturyLink. 27. Copies of the CenturyLink Franchise were made available to the public, including Comcast, on or about April 14, 2016. 28. On April 19, 2016, the City Council introduced Ordinance No. an Ordinance of the City of Eagan, Minnesota Granting a Cable Communications to See 47 U.S.C. § 541(a)(1); Minn. Stat. §§ 238.08,.084; see also Franchise Report at 2-8. 11 47 U.S.C. § 541(a)(1). 'Z 47 U.S.C. § 541(a)(4). 13 Minn. Stat. § 238.08, subd. 1(b). 14 Minn. Stat. § 238.84, subd. 1(m). Franchise to Qwest Broadband Services, Inc. d/b/a CenturyLink ("CenturyLink Franchise"). 29. The CenturyLink, Franchise encompasses the same Service Territory encompassed by the Comcast Franchise.' s 30. The franchise fee percentage required by the CenturyLink Franchise is identical to that required by the Comcast Franchise. 16 31. The PEG access requirements in the CenturyLink Franchise mandate certain obligations, such as HD channel capacity for all PEG channels that go beyond the commitments made in the Comcast franchise. 17 32. The City recognizes that CenturyLink, which currently offers no cable communications services in the Service Territory, cannot justify a large initial deployment because it "realistically cannot count on acquiring a share of the market similar to Comcast's share ... [and] must begin offering service within a smaller area to determine whether it can reasonably ensure a return on its investment before expanding." 18 33. The CenturyLink Franchise therefore requires CenturyLink's initial deployment be capable of serving at least fifteen percent (15%) of the living units in the Territory within two (2) years. CenturyLink is further required to commit a significant portion of its initial investment to areas below the median income the City. 19 34. The CenturyLink Franchise permits the City to monitor CenturyLink's progress and compliance with build -out requirements via quarterly meeting and accelerates the build -out schedule if CenturyLink has market success, with the goal and expectation that build -out will be substantially complete before the CenturyLink Franchise's five (5) year term expires. 20 35. During its regularly scheduled meeting on April 19, 2016, the City Council held a public hearing at which all interested parties are provided an opportunity to speak and present information regarding the proposed CenturyLink Franchise. WHEREAS, the City has considered these facts and the cable -related needs and interests of the community: NOW THEREFORE, the City Council for the City of Eagan, Minnesota hereby resolves as follows: 15 CenturyLink Franchise §2.6; Comcast Franchise § 2.8. 16 CenturyLink Franchise §7.3; Comcast Franchise § 8.3. 17 CenturyLink Franchise §6 and Exhibit A; Comcast Franchise § 6. 18 621 Order at ¶ 35. 19 CenturyLink Franchise §2.7. 20 CenturyLink Franchise §2.8 - 2.9. 4 1. The foregoing findings are adopted as the official findings of the City Council and made a part of the official record. 2. The City has authority to adopt an ordinance granting a cable communications franchise to CenturyLink for the Service Territory. 3. The City may not unreasonably refuse to award a competitive cable communications franchise to CenturyLink. 4. The City and its residents will benefit from adoption of the CenturyLink Franchise, which will introduce facilities -based competition into the cable communications market in the Service Territory and thereby reduce costs to consumers and increase the quality and availability of services. 5. CenturyLink is legally, technically, and financially qualified to operate a cable communications system in the Service Territory and has complied with all application requirements. 6. The City has complied with all franchise application requirements imposed by state and federal law, including those identified herein or in the Franchise Report. 7. The terms and conditions of the CenturyLink Franchise pertaining to service area, PEG access requirements, and franchise fees are not more favorable or less burdensome than the corollary terms of the Comcast Franchise. 8. The CenturyLink Franchise's initial deployment requirement of fifteen percent (15%) within two (2) years and five (5) year timeline for substantially completing build -out provides a reasonable period of time for CenturyLink to become capable of reaching full deployment and is therefore consistent with both state and federal law. 9. The Ordinance Granting a Cable Communications Franchise for Qwest Broadband Services, Inc., d/b/a CenturyLink is formally and finally adopted. 10. The City finds and concludes that its actions are appropriate, reasonable, and consistent in all respects with the mandates set forth in Chapter 238 of Minnesota Statutes and applicable provisions of federal law, including 47 U.S.C. § 541(a). PASSED AND ADOPTED in regular session of the City Council of the City of Eagan, Minnesota this day of , 2016. ATTEST: IN Christina M. 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N 4-J O D,� Co � O p .. co �•�� C6 0 �w 0 00 N O N m V) 0 2 l+ SUMMARY OF ORDINANCE NO. 552 GRANTING A FRANCHISE TO QWEST BROADBAND SERVICES, INC., D/B/A CENTURYLINK ("CENTURYLINK") TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE SYSTEM IN THE CITY OF EAGAN, AND PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY The City Council of Eagan, Minnesota ("City") adopted an Ordinance granting a Cable Television Franchise to CenturyLink. The Ordinance grants a non-exclusive cable franchise to CenturyLink to operate, construct and maintain a cable system within the City and contains specific requirements for CenturyLink to do so. The Ordinance includes the following: 1) authorizes CenturyLink to provide cable service throughout the City subject to certain build out requirements; 2) imposes on CenturyLink a franchise fee of 5% of CenturyLink's annual gross revenues; 3) establishes a franchise term of five (5) years with the option to extend an additional five (5) years; 4) provides a list of schools and public buildings entitled to receive complimentary cable service; 5) requires CenturyLink to dedicate channel capacity for public, educational and governmental programming and provides financial support of such channels; 6) mandates customer service standards regarding CenturyLink's provision of cable services; and 7) requires a performance bond and security fund to enforce CenturyLink's compliance with the Ordinance. It is hereby determined that publication of this title and summary will clearly inform the public of the intent and effect of Ordinance No. 552. A copy of the entire Ordinance shall be posted at the Eagan City Hall. It is hereby directed that only the title and summary of Ordinance No. 552 be published. Adopted by the Eagan City Council this 19th day of April, 2016. 3206199vt Agenda Information Memo April 19, 2016 Eagan City Council Meeting Public Hearings B. Variance — Cliff Retail, LLC Action To Be Considered: Approve (or direct Findings of Fact for denial) a 10' Variance to the required 20' parking/drive aisle setback from public right-of-way for property located at 2105 Cliff Road. Required Vote For Approval: Majority of Council Members Present Facts: ➢ The 1.8 are parcel was platted in July of 1988. The subject site is part of the Cedar Cliff Planned Development; a 73 acre PD created in 1980. The Cedar Cliff Planned Development included a mix of uses including retail/commercial, office, single family & twin home residential and a portion of Rahn Park. ➢ The 15,674 SF L-shaped multi -tenant retail building was built in 1988. The site meets the current green space requirement of 30% although landscaping is relatively sparse. ➢ The applicant is proposing to remodel the 28 -year old strip retail building which will include shifting a long-term tenant to the interior of the building and removing overhead garage doors from the front facade of the center. The move will also free up a prominent end cap lease space for a new tenant. ➢ The proposed Variance affects the drive aisle along the east side of the building adjacent to Scott Trail. The 10' Variance impacts approximately 100' of the 280' east boundary. Approval of the Variance will also act as an approval of a deviation to green space. ➢ It appears the amount of Variance requested is the minimum necessary to accommodate adequate and safe maneuvering to/from the relocated service bays. The improvement will result in a site green space of just under 29%. Attachments: (3) PHB-1 Location Map PHB-2 Planning Report PHB-3 Exhibits REPORT DATE: April 8, 2016 APPLICANT: Steve Johnson PLANNING REPORT CITY OF EAGAN CASE: 30 -VA -03-03-16 HEARING DATE: April 19, 2016 PROPERTY OWNER: Cliff Retail Center, LLC APPLICATION DATE: March 17, 2016 REQUEST: Variance PREPARED BY: Michael J. Ridley, AICP LOCATION: 2105 Cliff Road COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Variance to the 20' drive aisle setback from public right-of-way for property located at 2105 Cliff Road, legally described as Lot 1, Block 1, Cedar Cliff Commercial Park 4t" Addition in the Southeast'/4 of Section 30. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests fora variance, and whether the applicant established that there are practical difficulties in complying with the provisions(s) of this Chapter, the City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owner of property has no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. The exceptional or extraordinary circumstances do not result from the actions of the applicant. Planning Report — 2105 Cliff Road April 19, 2016 Paae 2 d. The granting of the variance will not confer on the applicant any special privilege that is denied by this Chapter to owners of other lands, structures or buildings in the same district. e. The variance requested is the minimum variance which would alleviate the practical difficulties. £ The variance would not be materially detrimental to the purposes of this Code or to properties in the same zone. g. The property for which the variance is requested is otherwise in compliance with the City Code. "Practical difficulties," as used in connection with the granting of a variance, means that the applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of this Code; the plight of the applicant is due to circumstances unique to the property not created by the applicant; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. The ordinance also states "A variance will be denied when it is not in harmony with the general purposes and intent of the zoning provisions of this Code or when the variance is inconsistent with the comprehensive plan. Any condition imposed upon the approved variance must be directly related to and must bear a rough proportionality to the impact created by the variance." CODE REQUIREMENTS City Code Sec. 11.70, Subd. 8 Parking lot setbacks, requires parking spaces and drive aisles to meet a 20' setback from public streets. BACKGROUNDMISTORY The 1.8 are parcel was platted in July of 1988. The subject site is part of the Cedar Cliff Planned Development; a 73 acre PD created in 1980. The Cedar Cliff Planned Development included a mix of uses including retail/commercial, office, single family & twin home residential and a portion of Rahn Park. EXISTING CONDITIONS The 15,674 SF L-shaped multi -tenant retail building was built in 1988. The site is bounded by Cliff Drive, Cliff Road and Scott Trail. Direct access is provided to Cliff Drive and a secondary access is provided via an internal connection to the driveway serving the property to the north, currently a free-standing daycare, which has access to both Cliff Drive and Scott Trail. Planning Report — 2105 Cliff Road April 19, 2016 Paae 3 The site meets the current green space requirement of 30% although landscaping is relatively sparse. The parking area and drive aisles look to be in need of replacement. The applicant states they intend to add irrigation and enhance the landscaping. EVALUATION OF REQUEST Proposal — The applicant acquired the property last fall and is proposing to remodel and reposition the aging retail center. The applicant states one of the keys to repositioning the center is to move the existing auto repair use from the end cap location closest to Cliff Road to the center of the building thereby freeing -up the more visible end cap space. Applicant's Practical Difficulties — The applicant's narrative states "The center is currently in a state of disrepair and needs maintenance as well as other architectural enhancements. As part of the repositioning effort we plan to remodel the center and add a number of desirable brand name tenants." "One of the keys to repositioning the center begins by moving a long-term tenant, Walstad Automotive, into the center of the project which will allow us to relocate the automotive bay doors to a location on the backside of the building, thus freeing -up the two end caps for higher end retail or restaurant use. Due to the relocation of the garage doors into the rear corner of the building, we are requesting setback variance along the drive aisle... This is necessary to safely facilitate an appropriate circulation and entrance around the corner of the building as well as good access into the garage area behind the building." Planning Report — 2105 Cliff Road April 19, 2016 Page 4 Variance Criteria — The Zoning Ordinance states that relief may be granted from a required ordinance provision provided there are special conditions that apply to the subject land, the relief is not contrary to the Zoning Ordinance and Comprehensive Guide Plan, and it is necessary to alleviate a practical difficulty. Evaluation — A fairly unique feature to the subject site is public street frontage on three sides. The result is a required parking/drive aisle setback on those sides of 20' whereas the setback to a common property line is 5'. The expanded drive aisle is essentially a 100' long bump out that tapers at both ends. The location will require the removal of three ash trees. In addition to the setback Variance of 10' the drive aisle bump out will reduce green space on the site by 1.3%. It's an oddity for a 1980's retail/commercial development to meet the 30% green space standard adopted in 2000. As described, the key action to permit the modernization of the site by the new owner is the relocation of the auto repair tenant to a less prominent location within the center. This move not only frees up end cap space but will allow the overhead repair service doors to be moved from the front of the building to the rear of the building. The Variance requested looks as if to be the minimum necessary to accommodate adequate and safe maneuvering to/from the relocated service bays and the request dos not appear to be contrary to the Zoning Ordinance or Comprehensive Plan. City policymakers will need to determine whether the proposed Variance is reasonable and necessary to alleviate the stated practical difficulty. SUMMARY/CONCLUSION The proposed Variance affects the drive aisle along the east side of the building adjacent to Scott Trail. The 10' Variance impacts approximately 100' of the 280' east boundary. The applicant is proposing to remodel the 28 -year old strip retail building which will include shifting a long-term tenant to the interior of the building and removing overhead garage doors from the front fagade of the center. The move will also free up a prominent end cap lease space for a.new tenant. It appears the amount of Variance requested is the minimum necessary to accommodate adequate and safe maneuvering to/from the relocated service bays. The improvement will result in a site green space of just under 29%. Affirmative action on the Variance will also act as an approval of the green space deviation and both are policy decisions for City elected officials. ACTION TO BE CONSIDERED To approve a Variance of 10' to the 20' drive aisle setback from public right-of-way for property located at 2105 Cliff Road. Planning Report — 2105 Cliff Road April 19, 2016 Pate 5 If approved, the following conditions shall apply: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The applicant shall include a Landscape Plan, acceptable to City staff, to enhance the plant material on site and between the new service doors and Scott Trail as part of the Building Permit submission. nc)z a- a 2,0-H aX8, LL,Dpi--. Su, fit PHI fliy W.0 Mia 2 A tic v its me moo! I I i up Ru i 4 s 1 H rut lot q 0 111 a AM t in. nc)z a- a 2,0-H aX8, LL,Dpi--. Su, fit PHI fliy W.0 Mia 2 A v its me moo! I I i up Ru EIAN .J JJI—l'}' U 0 z 2 CdU l I II II 9�g C� �Op � hh th OCptr Nhh li�i V V 1 N 45 � ti1 N h n T V (f V x ¢ EIAN .J JJI—l'}' U 0 z 2 CdU l I II II 9�g AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER APRIL 19, 2016 A. CALL TO ORDER B. ADOPT AGENDA C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. APPROVE Resolutions authorizing DEED Contamination Cleanup Grant application, matching funds and authorizing signatures for Cedar Grove D. OLD BUSINESS NEW BUSINESS F. OTHER BUSINESS G. ADJOURN The DEED Cleanup grant, if awarded, would pay for 75% of costs associated with the investigation, Response Action Plan, and MPCA filing of approximately $100,000, and estimated soil vapor system design and installation of approximately $200,000. The EDA/City would be responsible for approximately $75,000 as matching funds, of which approximately $37,000 would be required from unencumbered or general funds. The final grant request amount will be determined by the Braun Intertec prior to application. ➢ The application requires resolutions from the City to authorize the application, and from the EDA as the applicant to commit to the local matching funds and authorize contract signatures. EDAC-2 EDA and City Council resolutions authorizing the application, match and officer signatures. D. OLD BUSINESS There are no Old Business items at this time. E. NEW BUSINESS There are no New Business items at this time. F. OTHER BUSINESS There are no other items at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the EDA Meeting. MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota March 15, 2016 A meeting of the Eagan Economic Development Authority was held on Tuesday, March 15, 2016 at the Eagan Municipal Center. Present were President Maguire, Commissioner Fields, Commissioner Bakken, and Commissioner Tilley. Commissioner Hansen was absent. Also present were Executive Director Osberg, City Attorney Dougherty, and Community Development Director Hohenstein. CALL TO ORDER President Maguire called the Economic Development Authority meeting to order. ADOPT AGENDA Commissioner Bakken moved, Commissioner Tilley seconded a motion to approve the agenda as presented. Aye:4 Nay:0 CONSENT AGENDA Commissioner Bakken moved, Commissioner Fields seconded a motion to approve the Consent Agenda as presented. Aye: 4 Nay: 0 1. It was recommended to approve the minutes of January 19, 2016. 2. It was recommended to approve extension of Preliminary Redevelopment Agreement with Pratt Development for the Cedar Grove Redevelopment District. 3. It was recommended to authorize staff to request a scope of work and cost estimate to update the Cedar Grove Alternative Urban Areawide Review (AUAR). There was no Old Business. There was no New Business. There was no Other Business. OLD BUSINESS NEW BUSINESS OTHER BUSINESS ADJOURNMENT Commissioner Fields moved, Commissioner Bakken seconded a motion to adjourn the meeting. Aye: 4 Nay: 0 Date David M. Osberg, Executive Director EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on April 19, 2016, at 6:30 p.m. The following members were present: Mike Maguire, Cyndee Fields, Meg Tilley, Paul Bakken and Gary Hansen; and the following were absent: none. Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING APPROVAL OF APPLICATION SUBMITTED TO THE DEPARTMENTT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT (DEED) BE IT RESOLVED that the City of Eagan has approved the Contamination Cleanup grant application submitted to the Department of Employment and Economic Development (DEED) on April 19, 2016, by Eagan Economic Development Authority (EDA) for the Outlot A within the Cedar Grove Redevelopment Area site. BE IT FURTHER RESOLVED that the City of Eagan is located within the seven county metropolitan area defined in section 473.121, subdivision 2, and is participating in the local housing incentives program under section 473.254. ADOPTED this 190' day of April, 2016.. Mike Maguire ATTEST: Christina M. Scipioni, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member upon vote being taken thereon, the following voted in favor: Maguire, Bakken, Hansen, Fields and Tilley; and the following voted against the same: none. EXTRACT OF MINUTES OF MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTUORITY DAKOTA COUNTY, MINNESOTA A regular meeting of the Eagan Economic Development Authority of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road, in said City on April 19, 2106, at 6:30 p.m. The following members were present: Mike Maguire, Cyndee Fields, Meg Tilley, Paul Bakken and Gary Hansen; and the following were absent: none. Member introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING COMMITMENT TO LOCAL MATCH AND AUTHORIZING CONTRACT SIGNATGURE BE IT RESOLVED that Eagan Economic Development Authority (the "EDA") acts as the legal sponsor for project(s) contained in the Contamination Cleanup Grant Program to be submitted on April 19, 2016 and that EDA President is hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of the EDA. BE IT FURTHER RESOLVED that the EDA has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration. BE IT FURTHER RESOLVED that the sources and amounts of the local match identified in the application are committed to the project identified. BE IT FURTHER RESOLVED that the EDA has not violated any Federal, State or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the state, the EDA may enter into an agreement with the State of Minnesota for the above -referenced project(s), and that the EDA certifies that it will comply with all applicable laws and regulation as stated in all contract agreements. NOW, THEREFORE BE IT FINALLY RESOLVED that the President and Executive Director are hereby authorized to execute such agreements as are necessary to implement the project on behalf of the EDA. ADOPTED by the Eagan Economic Development Authority this 19t" day of April, 2016. Mike Maguire, President David M. Osberg, Executive Director 2