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03/07/2017 - City Council Regular
AGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING MARCH 7, 2017 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 Exempt Permit for Faithful Shepherd Catholic School to host bingo on April 21, 2017 at 3355 Columbia Drive F. DECLARE miscellaneous office furniture and water resources equipment to be surplus G. APPROVE On -Sale Liquor and Sunday Liquor License and Off -Sale Growler License for Final Final Brewing Co. LLC doing business as Union 32 Crafthouse, 2864 Highway 55 H. ADOPT a Resolution and approve Sponsoring Agency Agreement for Minnesota Structural Collapse/Technical Rescue Task Force Organization (Minnesota Task Force One) I. AWARD Contract 16-22 —Vikings Parkway Street & Utility Improvements J. AWARD Contract 17-04 — Fitz Lake Improvement Project (Ponds LP -26.3 / LP -26.5 Improvements) K. RECEIVE Petition to Vacate Easement — Cedar Grove Gateway 15t Addition, and schedule Public Hearing for April 4, 2017 L. APPROVE Contract for Cross Connection Control Services M. APPROVE Ordinance Amendment - an Ordinance Amendment to Chapter 11 Section 11.70 updating Table A and general updates to the Sign Ordinance N. APPROVE resolution of support for an application to the Job Creation Fund for Prime Therapeutics, LLC 0. APPROVE Easement Conveyance Agreement with Northern Natural Gas Company P. APPROVE Final Planned Development—Vikings Lakes Phase II Q. APPROVE Sixth Extension of Amended and Restated Preliminary Redevelopment Agreement for Master Developer Services for the Cedar Grove Redevelopment District R. AUTHORIZE Issuance of a Request for Proposal (RFP) for Fiber Construction Projections V. PUBLIC HEARINGS A. VACATE Northwest Parkway Right -of -Way MV Eagan Properties B. APPROVE Minnesota Investment Fund Application for the expansion of Prime Therapeutics, LLC C. CERTIFY Delinquent Utility Bills D. CERTIFY Delinquent Nuisance Abatement Bills VI. OLD BUSINESS VII. NEW BUSINESS A. PLANNED DEVELOPMENT AMENDMENT — Chick-fil-A - a Planned Development Amendment to amend the Preliminary Planned Development from two buildings/uses to one located at 3420 Promenade Avenue B. PLANNED DEVELOPMENT AMENDMENT—Cub Foods - a Planned Development Amendment to allow a pharmacy drive-thru service located at 1940 Cliff Road C. PLANNED DEVELOPMENT AMENDMENT- a Planned Development Amendment to allow a four-story, 86 room hotel located at Outlot A, Eagandale Office Park 6th Addition VIII. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER B. ADOPTAGENDA C. CONSENTAGENDA 1. APPROVE EDA Minutes 2. APPROVE Sixth Extension of Amended and Restated Preliminary Redevelopment Agreement for Master Developer Services for the Cedar Grove Redevelopment District D. OLD BUSINESS E. NEW BUSINESS 1. PUBLIC HEARING for sale of Outlot B, Paragon Addition to Commercial Investment Properties, Co. F. OTHER BUSINESS G. 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 AMEMEmb— City of Eap Me TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: MARCH 1, 2017 SUBJECT: AGENDA INFORMATION FOR MARCH 7, 2017 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the March 7, 2017 City Council agenda, the following items are in order for consideration. Agenda Information Memo March 7, 2017 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 the February 21, 2017 regular City Council meeting as presented or modified. Attachments: (1) CA -1 February 21, 2017 Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota February 21, 2017 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Hansen and Tilley. Councilmember Fields was absent. A regular meeting of the Eagan City Council was held on Tuesday, February 21, 2017 at 6:00 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Hansen and Tilley. Councilmember Fields was absent. Also present were City Administrator Osberg, Assistant City Administrator Miller, Communications Director Garrison, Finance Director Pepper, Director of Community Development Hutmacher, Public Works Director Matthys, Parks and Recreation Director Pimental, Police Chief McDonald, City Attorney Dougherty, and Executive Assistant Stevenson. AGENDA Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the agenda as presented. Aye:4 Nay:0 RECOGNITIONS AND PRESENTATION Swearing-in of Newly Appointed Eagan Police Officer Krishina Mua Police Chief McDonald introduced new Police Officer Krishina Mua and administered the Oath of Office. Retirement of Engineering Aide Jeanette Johnson Public Works Director Matthys recognized and presented a plaque to Jeanette Johnson, Engineering Aide, for her 15 years of service to the City of Eagan. Retirement of Utility Operations Supervisor Charlie Borash Public Works Director Matthys recognized and presented a plaque to Charlie Borash, Utility Operations Supervisor, for his 19 years of service to the City of Eagan. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent agenda as presented: Aye: 4 Nay: 0 A. It was recommended to approve the minutes of the February 7, 2017 regular City Council meeting as presented or modified. B. Personnel Items: It was recommended to authorize the hiring of Charlene Christensen, Preschool Teachers Assistant. 2. It was recommended to accept the resignation of the listed seasonal employees. C. It was recommended to ratify the check register dated February 3 and 10, 2017. City Council Meeting Minutes February 21, 2017 2 page D. It was recommended to approve the ordinary and customary contracts with Shelter SI, Inc., Eagan Men's Chorus, Mary Gohman, Eagan High School Jazz Ensemble, Premier Latino Events LLC, and Prairie Restorations, Inc. E. It was recommended to adopt the 2013 General Records Retention Schedule for Cities. F. It was recommended to approve an agreement with LA ink for the design, fabrication and installation of a plaza, benches and marker display at Old Town Hall and authorize the Mayor and City Clerk to sign and execute the Contract Agreement. G. It was recommended to approve a resolution allowing the City of Eagan to accept the conditions and funding available through the Tobacco Compliance Check Grant. H. It was recommended to authorize a variance to the Construction Activity Noise Regulations to exempt Verizon Wireless and Zayo for telecommunications improvements at the Deerwood Reservoir (1683 Skywood Lane) before 12:00 a.m. and 5:00 a.m. on March 2 and March 3, 2017. I. It was recommended to approve the Cooperative Agreement with the Minnesota Department of Transportation (MnDOT) for Contract 17-03 (Cliff Lake Protection Project, Pond AP -42 Improvements) and authorize the Mayor and City Clerk to execute all related documents. J. It was recommended to approve a resolution calling for a public hearing on consent to the issuance of refunding revenue bonds and authorizing the publication of a notice of the hearing related to the refunding. K. It was recommended to revoke the 1998 Conditional Use Permit to allow a greenhouse located at 2125 Cliff Road. L. It was recommended to approve the resolution accepting a scholarship donation from the Minnesota Economic Development Foundation for the 2016 Community Development Intern. M. It was recommended to adopt a resolution approving an Exempt Permit for the Pinewood Community School PTO to hold a raffle on April 7, 2017 at 4300 Dodd Road. N. It was recommended to approve a resolution and partnership agreements to accept cash and in- kind advertising donations from the Eagan 55+ Seniors and New Horizon Academy and to authorize the necessary budget adjustments and direct the Mayor and City Clerk to sign the appropriate documents. 0. It was recommended to schedule a Public Hearing for March 7, 2017 to consider authorizing an application to the Minnesota Department of Employment and Economic Development for a Minnesota Investment Fund award to Prime Therapeutics, LLC in order to expand operations in the City. P. It was recommended to approve Change Order No. 6 to Contract 16-04 (Central Maintenance Facility Renovations) and authorize the Mayor and City Clerk to execute all related documents. Q. It was recommended to approve the issuance of an RFP for architectural services for improvements at City Hall and the Police Department. R. It was recommended to acknowledge the withdrawal of the Planned Development Amendment and Preliminary Subdivision for the development of a four-story hotel located at 2900 Lone Oak Parkway, legally described at Lot 1, Block 1, Blue Ridge Third Addition PUBLIC HEARINGS There were no public hearings to be heard. City Council Meeting Minutes February 21, 2017 3 page OLD BUSINESS Receive Bids and Approve Resolution Awarding the Sale of $2,350,000 General Obligation State -Aid Street Refunding Bonds, Series 2017A City Administrator Osberg introduced the item noting earlier today through the office of Springsted Incorporated, led by Dave McGillivray, competitive bids were received for the sale of $2,350,000 General Obligation Capital improvement Bonds. Dave McGillivray, Springsted Incorporated, presented the results of the sale. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve the resolution awarding the sale of $2,350,000 General Obligation Capital Improvement Bonds, Series 2017A, and to engage Springsted Incorporated to perform future continuing disclosure reporting and arbitrage rebate calculation requirements for the bonds. Aye: 4 Nay: 0 NEW BUSINESS There was no new business to be heard. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA There were no administrative agenda items to be heard. There were no visitors to be heard. VISITORS TO BE HEARD ADJOURNMENT Councilmember Tilley moved, Councilmember Hansen seconded a motion to adjourn the meeting at 6:53 p.m. Aye: 4 Nay: 0 Date Mayor City Clerk Agenda Information Memo March 7, 2017 Eagan City Council Meeting CONSENT AGENDA B. Personnel Items ITEM 1. Action To Be Considered: Authorize the resignation of Aaron Menza, GIS Technician, and authorize the recruitment and replacement of this position. ITEM 2. Action To Be Considered: Authorize the hiring of Britta Dreas, ECC Fitness Instructor. ITEM 3. Action To Be Considered: Approve Addition to Employee Handbook Regarding Employee Volunteer Hours Background: ➢ The enclosed policy language is proposed to be added to the Employee Handbook with regard to employee's use of volunteer hours. Attachments: (1) CB -1 Employee Handbook Policy Language ITEM 5. Action To Be Considered: Add 57.52 hours to the City Administrator's vacation hour balance. Facts: ➢ In 2016, the City obtained a waiver from the State on the statutory salary cap for the City Administrator. The revised cap approved by the Commissioner of Management and Budget, and indexed by an inflationary factor established by the Commissioner's office for 2017, remains less than the City's compensation per our established pay matrix. ➢ Non-cash compensation, such as vacation time, does not count against the salary cap. The difference between the Commissioner's salary cap and the City's compensation plan is the equivalent of 57.52 hours of vacation at the City Administrator's pay rate. ➢ A similar adjustment to the City Administrator's vacation balance was made in 2016. ITEM 4. Action To Be Considered: Accept the resignation of the following seasonal employees: Baisch, Matthew Rink Attendant Defries, Samuel D Rink Attendant Desrocher, Noah M Rink Attendant Ellingson, Victoria J Rink Attendant Hoffman, Kyle Rink Attendant Holm, Austin J Rink Attendant Kalb, ConnorJ Rink Attendant Kenefick, Samuel R Rink Attendant Mills, Joseph M Rink Attendant Paget, Eric Rink Attendant Peifer, Isaac R Rink Attendant Powell, Charles C Rink Attendant Remker, Maxwell Rink Attendant Richard, Emma E Rink Attendant Tauer, Jacob L Rink Attendant Udovik, Kiryl Rink Attendant Uhlmansiek, Zion Rink Attendant Vergin, Jack A Rink Attendant Williams, Collin J Rink Attendant Woitaszewski, Nicholas A Rink Attendant Woods, Barrett N Rink Attendant Agenda Information Memo March 7, 2017 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check registers dated February 17 and 24, 2017 as presented. Attachments: (2) CC -1 Check register dated February 17, 2017 CC -2 Check register dated February 24, 2017 Agenda Information Memo March 7, 2017, Eagan City Council Meeting 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: ➢ Agreement with Integrated Loss Control, Inc. for ongoing loss control services ➢ Agreement with Integrated Loss Control, Inc. for OSHA -mandated employee training ➢ Agreement with Integrated Loss Control, Inc. for Safety Data Sheet support services ➢ Vendor Agreements with Eagan Women of Note for entertainment at: o Community Connections o Holz Farm Spring Festival o Holz Farm Lone Oak Days o Holz Farm Old Fashioned Holiday Attachments: (0) The contracts are available from the City Clerk's Office. Agenda Information Memo March 7, 2017, Eagan City Council Meeting CONSENT AGENDA E. Approve Exempt Permit for Faithful Shepherd Catholic School to host bingo on April 21, 2017 at 3355 Columbia Drive Action To Be Considered: To adopt a resolution approving an Exempt Permit for Faithful Shepherd Catholic School to host bingo on April 21, 2017 at 3355 Columbia Drive. Facts: Faithful Shepherd Catholic School has applied for an Exempt Permit with the Gambling Control Board to host bingo as listed above. All requirements for the application have been met and staff deems it in order for approval. Attachments: (1) CE -1 Resolution RESOLUTION NO. _ CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT FAITHFUL SHEPHERD CATHOLIC SCHOOL WHERAS, Faithful Shepherd Catholic School has applied for an Exempt Permit to conduct bingo on April 21, 2017; 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 Faithful Shepherd Catholic School to conduct bingo on April 21, 2017 at 3355 Columbia Drive. Motion by: Seconded by: Those in favor: Those against: Date: March 7, 2017 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 7th day of March, 2017. City Clerk Agenda Information Memo March 7, 2017, Eagan City Council Meeting CONSENT AGENDA F. Declare miscellaneous office furniture and water resources equipment to be surplus Action To Be Considered: To declare miscellaneous office furniture and water resources equipment to be surplus. Facts: ➢ Throughout the years, City Hall has accumulated extra pieces of employee workstations, such as desktops, partitions, overhead bins and wall shelves. These pieces are no longer usable and/or needed. ➢ The Public Works Department has identified Water Resources equipment no longer needed by the City: o Honda 15 -hp 4 -stroke boat motor o Lake elevation gauges o Hockney portable aquatic plant cutter o Coated wire minnow traps o Ice auger motor o Muskrat traps ➢ Per the Surplus Property Policy, the City Council must declare the property to be surplus before it can be sold, recycled or otherwise disposed of. ➢ Upon the Council's declaration of the property as surplus, it will be sold or disposed of in accordance with the Surplus Property Policy. Attachments: (0) Agenda Information Memo March 7, 2017, Eagan City Council Meeting CONSENT AGENDA G. Approve On -Sale Liquor and Sunday Liquor License and Off -Sale Growler License for Final Final Brewing Co. LLC doing business as Union 32 Crafthouse, 2864 Highway 55 Action To Be Considered: To approve an On -Sale Liquor and Sunday Liquor License and Off -Sale Growler License for Final Final Brewing Co. LLC. doing business as Union 32 Crafthouse, located at 2864 Highway 55. Facts: ➢ Daniel Redpath, David Moeller, Mark Zesbaugh and Curt Hoffman, partners of Final Final Brewing Co. LLC have applied for and On -Sale Liquor and Sunday Liquor License to operate a brewpub/restaurant at 2864 Highway 55. ➢ Final Final Brewing Co. LLC has also applied for an Off -Sale Growler License to sell beer brewed at the establishment for off -premise consumption. ➢ All required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. Attachments: (0) Agenda Information Memo March 7, 2017, Eagan City Council Meeting CONSENT AGENDA: H. Approve A Resolution And Authorize A Sponsoring Agency Agreement For Minnesota Structural Collapse/Technical Rescue Task Force Organization (Minnesota Task Force One) Actions To Be Considered: Approve a Resolution and Sign Sponsoring Agency Agreement. Facts: ➢ The Dakota County Special Operations Team (DCSOT) is one of the five regional teams partially funded by the State to support structural collapse and technical rescue capabilities within Minnesota under the umbrella of Minnesota Task Force 1 (Task Force). The DCSOT is one of the primary activities coordinated under the joint powers entity of the Dakota County Domestic Preparedness Committee (DCDPC). The DCSOT is comprised of first responders from multiple jurisdictions within the County including Eagan Police and Fire personnel. ➢ September 19, 2012, the City became a signatory to the Joint Powers Agreement (JPA) with Minnesota Task Force One; however, not all regional teams signed the original JPA. At this time all regional teams have agreed to sign the new JPA. ➢ The jurisdictions from the five regional teams (Minneapolis, St. Paul, Edina, Dakota County, and Rochester), that are identified and sponsored by the State, have developed the Joint Powers Agreement to coordinate planning, training and funding for the Task Force. In addition, the Task Force JPA also provides for liability and workers' compensation coverage if members of the Task Force are activated as a Specialized Emergency Response Team under MN Stat. Sec.12.351 during an emergency. ➢ In order to include DCSOT members on the Task Force it was determined that Dakota County would sign the JPA and the DCDPC member cities will individually sign on as sponsoring agencies. This approach avoids legal issues of one joint powers entity entering into an agreement to form a new joint powers entity. ➢ Signing the Sponsoring Agency Agreement will allow Eagan personnel who are members of the DCSOT to participate in the planning, training, and responses of the Task Force. ➢ Signing the agreement does not obligate Eagan to provide personnel to the Task Force, participation remains at the discretion of the City. Being part of the Task Force does not involve any additional financial responsibilities from the City. The City Attorney has reviewed the JPA. Attachments: (2) CH -1 Resolution CH -2 Joint Powers Agreement RESOLUTION OF THE CITY OF EAGAN APPROVING SPONSORING AGENCY AGREEMENT BETWEEN MINNESOTA TASK FORCE ONE URBAN SEARCH AND RESCUE TEAM AND CITY OF EAGAN WHEREAS, the Council supports efforts to be better prepared for any potential disasters/emergencies in the City and Dakota County; and WHEREAS, Eagan is a member of the Dakota County Domestic Preparedness Committee joint powers entity that supports the Dakota County Special Operations Team which provides response capabilities in the event of structural collapses and other technical rescues in Dakota County and through an approval process to other neighboring communities; and WHEREAS, the Dakota County Special Operations Team is one of five teams identified by the State of Minnesota Department of Public Safety, Division of Homeland Security and Emergency Management (MN HSEM) to host a structural collapse team to respond to structural collapses and other technical rescues along with the Cities of Minneapolis, St. Paul, Edina and Rochester and partially supported by HSEM to develop an equipment cache and roster of trained personnel able to respond in the event of structural collapses and other technical rescues; and WHEREAS, MN HSEM has required the formalization of the Minnesota Structural Collapse/Technical Rescue MN -TF1 Organization (MN -TF1) joint powers entity in order to streamline funding, ensure better coordination of training and equipment purchases and to enable the State to designate the members of the MN -TF1 as a Specialized Emergency Response Team under MN Stat. Sec. 12.351 tc provide liability and workers' compensation coverage during a State activation. WHEREAS, on September 19, 2012, the City Council authorized the execution of an agreement with the Minnesota Task Force One organization for the City of Eagan's participation in the program; and WHEREAS, the original agreement has been amended to allow the participation of the five charter teams of the Minnesota Task Force One program; and WHEREAS, the City Council desires to maintain City of Eagan personnel on the Minnesota Task Force One Urban Search and Rescue Team through a Sponsoring Agency Agreement with the Minnesota Task Force One Urban Search and Rescue Team that takes the place of the City's previous participation in the Joint Powers Agreement for Minnesota Task Force One. NOW, THEREFORE, BE IT RESOLVED the City Council approves executing the Sponsoring Agency Agreement between Minnesota Task Force One Urban Search and Rescue Team and the City of Eagan. This Resolution was declared duly passed and adopted and was signed by the Mayor and attested to by the City Clerk this 7th day of March, 2017. Mike Maguire, Mayor Attest: Christina Scipioni, City Clerk Joint Powers Agreement For Minnesota Task Force One Urban Search and Rescue Team This Joint Powers Agreement ("Agreement") is by and among the Cities of Minneapolis, St. Paul, Rochester, Edina, and the County of Dakota, all political subdivisions under the laws of the State of Minnesota (collectively referred as Participants). This Agreement supersedes all prior Joint Powers Agreements for Minnesota Task Force One by the same group of municipal corporations and the County of Dakota. This Agreement is made pursuant to the authority conferred upon the Participants by Minn. Stat. §471.59. The Participants to this Agreement are all "governmental units" as defined by Minnesota Statute §471.59, Subdivision 1. 1.0 GENERAL PURPOSE. The purpose of this Agreement is to establish the Minnesota Task Force One Urban Search and Rescue Team for the purpose of establishing, training, equipping, maintaining and deploying Minnesota Task Force One to incidents inside and outside the State of Minnesota as may be requested by a local agency or other unit of government 1pursuant to Minnesota Statute §§12.33, 12.331, 12.351, 192.89, or 192.91. 2.0 DEFINITIONS. In addition to the standard definitions found In the National Incident Management System (2008 and as amended from time to time), the following definitions apply to this Agreement. 2.1 "Minnesota Task Force One Urban Search and Rescue Team (referred to herein as `MN -TF1') — The collective resources of Minneapolis, St. Paul, Edina, Rochester and the County of Dakota, governed by a Board of Directors as described herein, who provide response to incident activities pursuant to this Agreement. 2.3 "Team Member" — A trained and qualified person, as designated and approved by the Board, who is employed by, contracted to, or volunteering with a Participant or a Sponsoring Agency approved by the Board, as described below, who is or may be available to be activated to support incident response activities pursuant to this Agreement. 2.4 "Board" — The Board of Directors of MN -TF1 established by this Agreement. 2.5 "Director" — A member of the Board of Directors, or as other qualified as defined under this Agreement, who is employed by, contracted to, or volunteering with the Cities of Minneapolis, St. Paul, Edina, and Rochester, or Dakota County and is appointed by them to serve on the Board of Directors. MN -TF1 JPA [Rev 11/03/16] Page 1 2.6 "Participant" — Any governmental unit as defined by Minnesota Statute §471.59, Subdivision 1, which is a signatory to this Agreement, including: the Cities of Minneapolis, St. Paul, Rochester, Edina, and the County of Dakota. 2.7 "Sponsoring Agency" — Any agency, not a party to this Agreement, that allows one or more of it employees, contractors or volunteers to be a Team Member. All requests to become a Sponsoring Agency shall be reviewed and either accepted or denied by the Board. If approved, the new agency shall sign the 'Sponsoring Agency Agreement' attached hereto as Addendum A. All Sponsoring Agencies must execute the Sponsoring Agency Agreement and comply with all of the obligations imposed upon a Sponsoring Agency by that Agreement and this Joint Powers Agreement. 2.8 "Program Manager's Group (PMG)" — A working group advisory to the Board that provides recommendations on all aspects of the team, including, but not limited to: planning, operations, training, logistics, administration and finance. At least one, but no more than two representatives shall be appointed to the PMG by the Director of their respective agency and shall have taken the FEMA equivalent Structural Collapse Technician Training, and all other applicable pre -requisite training as determined by the Board. 2.9 "Task Force Administrator" - An employee of a Participant who meets the qualifications as established by the Board, selected by the Board, serves at the direction of the Board, and performs executive duties assigned by the Board. MN - TF1 shall reimburse the Participant for the time and expenses incurred by the Participant for providing an employee to perform the duties of Administrator up to a maximum amount determined by action of the Board. A person serving in the role of Administrator remains an employee of the Participant and is not an employee of MN -TF1. 3.0 PARTICIPANTS. 3.1 Status: No change in governmental boundaries, structure, organizational status or character shall affect the eligibility of any Participant to be represented on the Board as long as such Participant continues to exist as a separate political subdivision. 3.2 Right to Withhold Assets: A Participant or Sponsoring Agency may decline some or all requested asset deployments if conditions within the borders of the Participant or Sponsoring Agency require retention of assets. 3.3 Responsibility for Employees: All persons engaged in the work to be performed on behalf of a Participant or Sponsoring Agency under this Agreement are not employees of any other Participant or Sponsoring Agency for any purpose, including worker's compensation and other claims that may or might arise out of the employment context on behalf of the employees. A Participant or Sponsoring Agency shall not be responsible for the acts or omissions of another Participant's or Sponsoring Agency's employees or agents while engaged in any of the work performed under this Agreement. Each Participant and Sponsoring Agency is responsible for injuries to or death of its own employees and agents while performing work under this Agreement. Each Participant and Sponsoring Agency will maintain workers' compensation MN -TF1 JPA [Rev 11/03/161 Page 2 insurance or self-insurance coverage, covering its own employees while they are providing services under this Agreement. Each Participant and Sponsoring Agency waives the right to bring legal action against any other Participant or Sponsoring Agency for any workers' compensation benefits paid to its own employees or volunteers or their dependents, even if the injuries were caused wholly or partially by the negligence of any other Participant or Sponsoring Agency or their respective officers, employees, or volunteers. Should any portion of this section conflict with the provisions of the laws under which MN -TF1 is activated, the terms of the applicable laws will control. 3.4 Emergency Management Assistance Compact EMAC: Any Participant or Sponsoring Agency with employees or volunteers engaged as a member of MN - TF1 and deployed as part of an EMAC request are afforded all the protections and coverage as stated in Minn. Stat. §192.89, and retains all stated protections and coverage while engaged as part of an EMAC request. 3.5 State Specialized Emergency Response Team Activation: Any Participant or Sponsoring Agency with employees or volunteers engaged as a member of MN - TF1 and activated by the state director of Homeland Security and Emergency Management as a Specialized Emergency Response Team are afforded all the protections and coverage as stated in ,Minn. Stat. §12.351, and retains all stated protections and coverage while deployed as part of this activation. 4.0 BOARD OF DIRECTORS. 4.1 Directors. MN -TF1 shall be governed by a Board of Directors which consists of seven Directors including one Director from .each of Minneapolis, St. Paul, Edina, Rochester and Dakota County, one Director representing all of the Dakota County cities participating as Sponsoring Agencies, and one Director. representing all other Sponsoring Agencies. Any Director may designate a member of his/her agency or group of agencies to attend a meeting of the Board. The Dakota County cities participating as Sponsoring Agencies shall collectively select one representative to serve as the Director for the Dakota County cities and notify the chair of the Board of the person selected. Similarly, all other Sponsoring Agencies shall collectively select one representative to serve as the Director for all Sponsoring Agencies not located within Dakota County and notify the chair of the Board of the person selected. 4.2 Compensation. Directors shall serve without compensation from the MN -TF1 or the Board. This shall not prevent a Participant or Sponsoring Agency from providing compensation to a Director for serving on the Board. 4.3 Director Term. Each Director appointed by a Participant or Sponsoring Agency group shall serve until replaced, or until the Director ceases to be an employee or volunteer of the appointing entity. MN -TF1 JPA [Rev 11/03/16] Page 3 5.0 VOTING/QUORUM 5.1 Voting. The Board Chair shall be notified in writing in advance of each meeting of an alternate representative from a Participant or Sponsoring Agency group, if that alternative representative is to have voting authority at the meeting. 5.1 Quorum. A majority of all of the Directors (4) shall constitute a quorum. A simple majority vote of the Directors present at a meeting with a valid quorum shall be required for the Board to take action, unless otherwise provided in this Agreement or by law. 6.0 BOARD OFFICERS AND ELECTIONS 6.1 Officers. The officers of the Board shall be a Chair and Vice -Chair. 6.2 Elections. At its first meeting, the Board shall elect a Chair and Vice -Chair. Each officer will serve a two-year term, ending on December 31. Officers elected to partial or unexpired terms shall serve out the partial term but must then stand for election with the other officers for the following term. 6.3 Vacancies. An officer shall be elected in the -same manner as above to fill out an unexpired term of any office which becomes vacant. 6.4 Other Officers. The Board may elect or appoint such other officers as it deems necessary to conduct its meetings and affairs. 7.0 MEETINGS. 7.1 Annual Meeting. The Board shall rpeet at least annually, with the date as determined by the Board Chair after consulting 'w'ith the other Directors. 7.2 Call. Meetings of the Board may be called by the Chair or upon the request of any four Directors. Directors shall receive at least three day's notice of all meetings 7.3 Open Meeting/Data Practices. The MN -TF1 shall comply with data practices and open meeting laws which are applicable to the Participants and Sponsoring Agencies. 8.0 POWERS OF THE BOARD. The powers of the Board include, but are not limited to, those enumerated in this section. 8.1 Program Managers Group. The PMG shall provide recommendations and assist the Board in the response, training and equipping, and deployment and recovery of MN -TF1 assets, as stipulated below. 8.1.1 Response. Prepare, adopt, and implement a plan to provide MN -TF1 response according to the terms and conditions herein. MN -TF1 JPA [Rev 11/03/16] Page 4 8.1.2 Training and Equipping. Establish standard procedures, as well as train, equip, maintain, and govern the day-to-day organization and operation of MN -TF1. 8.1.3 Deployment and Recovery. Provide for the deployment and recovery of MN -TF1 assets to incidents as may be requested by other governmental units, or other established procedures, approved verbally or by proxy, by the Board. 8.1.4 Purchasing. Purchase apparatus, equipment, protective gear and goods and services, as established herein, as necessary for the performance of MN -TF1. 8.2 Budget. The Board shall approve an annual budget for MN -TF1. 8.3 Insurance. The Board may contract for or purchase such insurance as the Board deems necessary for the protection of the Board, Participants, Sponsoring Agencies and its property. At a minimum the Board shall maintain liability coverage for the actions of the Board with a limit of coverage equal to or greater than the liability limits under Minn. Stat. Ch. 466. The Board shall also obtain tail coverage following termination of the Agreement to cover the statute of limitations period during which a claim could be made against the Board. Any insurance obtained shall name each Participant and Sponsoring Agency as a covered party. 8.4 Contracts, Consultants, Expenses and Expenditures. The Board may make contracts, employ consultants incur expenses and make expenditures necessary and incidental to the effectuation of its purposes and powers. 8.5 Audits. The Board shall cause to be made an annual audit of the books and accounts of the Board and shall make and file a report to the' Participants and Sponsoring Agencies at least once each year. Strict accountability of all funds and report of all receipts and disbursements shall be made. 8.6 Committees. The Board may appoint such committees as it deems necessary to exercise the powers of the Board in accordance with by-laws adopted by the Board and as allowed by law. 8.7 Lawful Powers and By -Laws. The Board may exercise all other lawful powers necessary and incidental to the implementation of the purposes and powers set forth herein, including, without limitation, the adoption of by-laws to govern the functioning of the Board, provided that no by-law or action of the Board shall be contrary to the terms of this Agreement. 9.0 FINANCE. 9.1 No Bonding Authority. The joint powers board created by this Agreement is not authorized and does not possess the power to issue bonds or obligations pursuant to Minn. Stat. § 471.59, subd. 11. 9.2 Funding. MN -TF1 is funded through Federal and State appropriations. Participants and Sponsoring Agencies are not obligated under this Agreement to fund MN -TF1 in any other fashion without an amendment to this Agreement as described herein. MN -TF1 may MN -TF1 JPA [Rev 11/03/16] Page 5 accept funds, services and goods from non-governmental agencies, specifically for the non- profit operation of MN -TF1. 9.3 Internal Audits. The Board's books, reports and records shall be available for and open to inspection by its Participants and Sponsoring Agencies at all reasonable times, but shall be subject to review at least annually, as stipulated above. 9.4 External Audits. The Board's records shall be available for inspection by the public pursuant to Minnesota Statutes, Chapter 13. 9.5 Disbursements. MN -TF1 may make disbursements from public funds to carry out the purposes of this agreement. 9.6 Fiscal Agent. The Board shall designate one Participant, with that Party's consent, to serve as the Fiscal Agent for MN -TF1. Funds may be disbursed by that Fiscal Agent, provided the method of disbursement shall agree as far as practicable with the method provided by law for the disbursement of funds by the parties to the Agreement. 9.7 Purchasing. Contracts let and purchases made under this Agreement shall conform to the requirements applicable to contracts and purchases of the Fiscal Agent. 9.8 Accountability. The Fiscal Agent shall ,maintain accountability of all funds and report on all receipts and disbursements. 9.9 Distribution of Property. In the event any Participant withdraws from this Agreement as provided for herein or by law, any property acquired by the withdrawing Participant that was purchased by the Fiscal Agent of MN -TF1 after July 1, 2015 will be returned to MN -TF1 and distributed to the remaining Participants based on the decisions of the Board of Directors. In the event of Termination of the Agreement as provided ;for heroin !or by law, any property acquired as the result of such joint or cooperative exercise of powers after July 1, 2015 shall remain the property of the Participant to which the Board of Directors has assigned the property. Participants agree to follow any applicable grant or other contractual obligations, or, if none, pursuant to Participants property disposal procedures after termination of this Agreement. Any surplus money shall be distributed on a pro rata basis to the Participants. Property acquired by Participants and Sponsoring Agencies prior to participating in MN -TF1 shall remain the property of the Participant or Sponsoring Agency. 10.0 INDEMNIFICATION. The Board shall defend, indemnify and hold harmless the Participants and Sponsoring Agencies and any Team Members against all claims, losses, liability, suits, judgments, costs and expenses by reason of the action or inaction of the Board. This agreement to indemnify and hold harmless does not constitute a waiver by any Participant or Sponsoring Agency of the limitations on liability provided under Minnesota Statutes, Chapter 466 or §3.736 or a waiver of any available immunities or defenses. To the fullest extent permitted by law, actions by the Participants and Sponsoring Agencies pursuant to this Agreement are intended to be and shall MN -TF1 JPA [Rev 11/03/16] Page 6 be construed as a "cooperative activity," and it is the intent of the Participants and Sponsoring Agencies that they shall be deemed a "single governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes, §471.59, subd. 1 a(a); provided further that for purposes of that statute, each Participant and Sponsoring Agency expressly declines responsibility for the acts or omissions of any other Participant, Sponsoring Agency and Team Member from another Participant or Sponsoring Agency. Any excess or uninsured liability shall be borne equally by each Participant, excluding the liability of any individual officer, employee, or agent which arises from his or her own malfeasance, willful neglect of duty, or bad faith. Nothing herein shall be construed to provide insurance coverage or indemnification to an officer, employee or volunteer of any member for any act or omission for which the officer, employee or volunteer is guilty of malfeasance in office, willful neglect of duty, or bad faith. 11.0 EXECUTION, DURATION AND AUTO -CONTINUATION 11.1 Execution. This Agreement shall be considered in effect and executed on the last date of signature from all of the (five) Participants 11.2 Duration. This Agreement shall remain in full force and effect for 10 years from the date of execution. 11.3 Auto -Continuation. If not specifically- amended, this Agreement will automatically renew for additional one-year terms until amended or terminated by the Participants. 12.0 RECORDKEEPING AND FILING. 12.1 Joint Powers Agreement. The signed Agreement, along with a certified copy of the resolution authorizing the Agreement, shall be filed with the Office of the Commissioner of the Minnesota Department of Public Safety. 12.2 Standard Record Keeping and Filing. All official records of MN -TF1 shall be kept and maintained by the designated Fiscal Agent for retention and auditing as described herein. 13.0 AMENDMENTS. This Agreement may be amended only by the unanimous agreement of all the (five) Participants, acting by and through their governing bodies. 14.0 WITHDRAWAL, CONTINUING ORGANIZATION AND TERMINATION. 14.1 Withdrawal Notification. Any Participant shall have the right to withdraw from this Agreement (MN -TF1) in the following manner: MN -TF1 JPA [Rev 11/03/16] Page 7 14.1.1 Notice. Notice of intent to withdraw shall be given in writing to the Chair of the Board, declaring intent to withdraw from MN -TF1, effective on a specified date which shall not be less than ninety (90) days from the date of notice, and shall be hand - delivered or sent certified mail such that the Chair of the Board receives said notice not less than ninety (90) days before the effective date with withdrawal. 14.1.2 Approval. Upon receipt of the notice of withdrawal, the Chair of the Board shall call a meeting as provided in Section 7 of this Agreement for the purpose of reviewing the impact of a Participant withdrawal on MN -TF1. 14.2 Continuing Organization. Notwithstanding the Participant's authority to withdraw, this Agreement and MN -TF1 shall continue in force until all remaining Participants mutually agree to terminate this Agreement. 14.3 Termination. The Office of the Commissioner of the Minnesota Department of Public Safety shall be notified in writing, not less than ninety (90) days from the effective date of termination of this Agreement. The Board shall continue to exist for the limited purpose of settling its affairs, disposing of its property and surplus monies, and discharging any debts, liabilities or other obligations of MN -TF1 that require formal severance. 15.0 CAPTIONS. The captions of this Agreement are for convenience and ,reference only; they in no way define, limit, or describe the scope or intent of this Agreement. 16.0 SEVERABILITY. The provisions of this Agreement are severable. If any Section, paragraph, subdivision, sentence, clause, or phrase of the Agreement is holo to be contrary to law, rule, or regulation having the force and effect of law, such decision shall not affect the remaining portions of this Agreement. 17.0 COUNTERPARTS. This Agreement shall not be executed in any number of counterparts, without express approval by the Board under established Amendment procedures herein. Unless specifically delegated, the Chair of the Board shall maintain copies of the document to and ensure its availability to all Participants. 18.0 CONSTRUCTION. Each provision of this Agreement has been reviewed and negotiated, and represents the combined work product of all Participants hereto. No presumption or other rules of construction that would interpret the provisions of this Agreement in favor of, or against each Participant preparing the same, shall be applicable in connection with the construction or interpretation of any of the provision of this Agreement. MN -TF1 JPA [Rev 11/03/16] Page 8 19.0 GOVERNING LAW. This Agreement and the rights of the Participants and Sponsoring Agencies shall be governed by and construed in accordance with the laws of the State of Minnesota. 20.0 ENTIRE AGREEMENT. The entire agreement between the Participants hereto is contained in this Agreement, and this Agreement supersedes all of their previous understandings and agreements, written and oral, with respect to the subject matter of this Agreement. IN WITNESS WHEREOF - the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statute 471.59. MN -TF1 JPA [Rev 11/03/16] Page 9 Execution Page For the Joint Powers Agreement For Minnesota Task Force One Urban Search and Rescue Team The party listed below has read, agreed to and executed this Agreement on the date indicated. This agreement is in effect for 10 years from date of execution, as described herein. City of Minneapolis John Fruetel, Fire Chief MN -TF1 JPA [Rev 11/03/161 Page 10 City of Saint Paul By: Title: Fire Chief Date: By: Title: City Attorney Date: By: Title: Director of Financial Services Date: By: Title: Mayor Date: MN -TF1 JPA [Rev 11/03/16] Page 11 City of Edina Tom Schmitz, Fire Chief Date: MN -TF1 JPA [Rev 11/03/16] Page 12 CITY OF ROCHESTER, a Minnesota municipal corporation BY ITS MAYOR ATTEST: ITS CLERK STATE OF MINNESOTA) )SS COUNTY OF OLMSTED) The foregoing instrument was acknowledged before me this day of , 2016, by Ardell F. Brede and Aaton S. Reeves, the Mayor and City Clerk, respectively, of the City of Rochester, a Minnesota municipal corporation, for and on behalf of the corporation. Notary Public MN -TF1 JPA [Rev 11/03/16] Page 13 County of Dakota Nancy Schouweiler County Board Chair Date: Approved as to Form Assistant County Attorney Date KS14-316 Task Force 1 JPA Rev 11-3-16 MN -TF1 JPA [Rev 11/03/16] Page 14 /_1Q1141!I1111ML1 Sponsoring Agency Agreement between Minnesota Task Force One Urban Search and Rescue Team And City of Eagan For Minnesota Task Force One Urban Search and Rescue Team Participation The parties to this Agreement are the Minnesota Task Force One Urban Search and Rescue Team, a joint powers entity of municipal corporations within the State of Minnesota (referred to herein as `MN -TF1') and City of Eagan, a Local MunicipalitX of the State of Minnesota (referred to herein as `Sponsoring Agency'). 1. PutPuMose. The purpose of this: agreement is to enable the Sponsoring Agency to assign one or more of its employees or volunteers as a Team Member to MN -TF1 and to enable the MN -TF1 to accept such employees ,and volunteers as participants, on the terms and conditions stated herein. Team 1Vlembers, for purposes of this Agreement, includes firefighters, licensed peace officers, emergency medical technicians, building inspectors, public works employees, public health workers;, information technology workers, among others. Whenever the term "employee" or "employees" appears in the Agreement, the term includes employees and volunteers of a Sponsoring Agency unless stated otherwise. 2. Term. This Agreement shall be in effect as of the date that it is executed by both parties and shall remain in effect indefinitely or until either party terminates the Agreement pursuant to Section 6. 3. Assignment of Employees. a. Assignment. The Sponsoring Agency may assign its employees to the Task Force, only with the consent of MN -TF1, which consent may be withdrawn by MN -TF1 at any time, and in accordance with the procedures of MN -TF1. Employees so assigned remain employees or volunteers of the Sponsoring Agency and are not employees of MN -TF1. When MN -TF1 is providing assistance to a party of MN -TF1, Sponsoring Agency shall compensate its employees just as if they were performing the duties within and for the Sponsoring Agency. b. Workers' Compensation. Sponsoring Agency shall be responsible for injuries to or death of its own employees and shall maintain workers' compensation coverage or self-insurance coverage, covering its own employees and volunteers MN -TF1 JPA [Rev 11/03/16] Page 15 while they are providing assistance as a member of the MN -TF1. The Sponsoring Agency waives its right to commence legal action against the MN -TF1 or any of its members for any workers' compensation benefits paid to its employees or their dependents, even if the injuries were caused wholly or partially by the negligence of the MN TF -1 or any of the members thereof. Damage to Equipment. The Sponsoring Agency shall be responsible for damage to or loss of its own equipment occurring during training or deployment of the MN -TF1. The Sponsoring Agency waives the right to commence legal action against MN -TF1 or any of the members for any damages to or loss of its equipment, even if the damages or losses were caused by the negligence of MN - TF1 or any member thereof. d. Liability. For purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. Ch. 466), employees or volunteers assigned by the Sponsoring Agency to the Task Force are employees of Sponsoring Agency. The Sponsoring Agency agrees to defend, indemnify and hold harmless MN -TF1 and any of the members thereof against any claims brought or actions filed against MN -TF1 or any of the members thereof or any officer.,, employee or agent thereof for injury to, death of, or damage to the propertyof any third person or persons, arising from the action or omission of its employees or volunteers while providing assistance as a member of the MN -TF1. Under: no circumstances shall the Sponsoring Agency be required to pay on behalf of itself and MN -TF1 and any of the members thereof any amounts in excess .of the limits of liability established in Minn. Stat. Ch. 466 applicable to any one entity. The limits of liability for MN -TF1, any of its members and the Sponsoring Agency may not be added together to determine the maximum amount of liability for any of them. e. Costs. Sponsoring Agencies are not entitled to reimbursement by MN -TF1 or any member thereof of its costs incurred in connection with activities undertaken pursuant to this agreement, except for its costs which are reimbursable pursuant to policies established by the Board of Directors of MN -TF1. MN -TF1 may voluntarily reimburse other costs to the extent that grant funds are available. 4. MN -TF 1. a. Consent. MN -TF1 hereby consents to the assignment by Sponsoring Agency of its employees or volunteers to participate on the MN -TF1, on the condition that the Sponsoring Agency and its employees or volunteers comply with all applicable MN-TFl policies and procedures. MN -TF1 hereby reserves the right, at any time it deems appropriate, to withdraw its consent provided hereunder and terminate this Agreement for any reason. b. Charges. MN-TFl agrees to remit to the Sponsoring Agency any funds that it receives with respect to services provided by the Sponsoring Agency while participating on the MN -TF1, to the same extent as if the Sponsoring Agency MN -TF1 JPA [Rev 11/03/16] Page 16 were a party to said MN -TF1 Joint Powers Agreement. Except as provided in this Section 4(b), MN -TF1 shall have no obligation to reimburse any costs incurred by Sponsoring Agency for assigning its employees and volunteers to participate on the MN -TF1. 5. Sponsoring Agency_ By executing this Agreement Sponsoring Agency agrees to comply with all terms of the Joint Powers Agreement for Minnesota Task Force One Urban Search and Rescue Team that apply to sponsoring agencies. Sponsoring Agency acknowledges that the Indemnification and Liability provisions of Section 10 of the MN FT -1 Joint Powers Agreement also apply to Sponsoring Agency. 6. Miscellaneous. a. Notices. Notices required pursuant to this agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement: Sponsoring Agency: MN -TF1: Chief of Police City of Edina 3830 Pilot Knob Rd Edina Fine Dept — Station No. 1 Eagan, MN 55122 6250 Tracy Avenue Edina, MN 55436 A party providing written notice of intent to terminate this Agreement shall also provide such notice to the Fiscal Agent of the MN -TF1, each Participant entity of the Minnesota Task Force One Urban Search and Rescue Team Joint Powers Agreement, and to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, Minnesota 55033. b. Termination. Either party may terminate this agreement without cause upon thirty days' written notice to the other. On the effective date of termination the entity executing this Agreement shall no longer be a Sponsoring Agency of MN -TF1. C. Effect of Termination. Termination of this Agreement shall not discharge any liability, responsibility or other right of either party which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. d. Amendments. This Agreement may be amended only in writing and upon the consent of the governing bodies of the parties. e. Records, accounts, reports. The books and records of the Sponsoring Agency related to participation as a Sponsoring Agency shall be subject to the provisions of Minn. Stat. Ch. 13 and Minn. Stat. § 16B.06, subd. 4. MN -TF1 JPA [Rev 11/03/16] Page 17 f. Severability. The provisions of this Agreement are deemed severable. If any part of this Agreement is rendered void, invalid or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or unenforceable shall substantially impair the value of the entire Agreement with respect to either party. In Witness Whereof, the parties have executed this Agreement on the dates indicated below. Minnesota Task Force One Urban Search and Rescue Team LI -A Print Name: By: Print Name: Title: Title: Date: Date: Approved as to form: Assistant County Attorney Date KS14-316 MN Task Force One Sponsoring Agency Agreement Rev 11-03-2016 City of Eagan MN -TF1 JPA [Rev 11/03/16] Page 18 Agenda Information Memo March 7, 2017 Eagan City Council Meeting CONSENT AGENDA I. Contract 16-22, Vikings Parkway — Street & Utility Improvements Action To Be Considered: Receive the bids and award Contract 16-22 (Vikings Parkway Street & Utility Improvements) to Frattalone Companies Inc. for the Base Bid in the amount of $3,211,025.03 and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 16-22 provides for street and utility improvements for Vikings Parkway within the Viking Lakes development in northeast Eagan as outlined and discussed in the feasibility report for Project 1225. ➢ On June 7, 2016, the City Council received a petition from MV Eagan Ventures requesting the public improvements, a collector roadway, trails, roundabouts, storm sewer and trunk water main along Northwest Parkway between Lone Oak Parkway and Ames Crossing Road. ➢ On August 16, 2016 the City Council accepted the feasibility report for Project 1225, and authorized the preparation of detailed plans and specifications for the public improvements for the 2017 construction season. ➢ On January 17, 2017, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 16-22. ➢ On March 18, 2008, the City Council approved the use of best -value solicitation of bids, as allowed by State statute, providing for the consideration of bidders expected performance in relation to their submitted bid. At 10:30 a.m. on February 27, 2017, technical performance proposals from each bidder were received for this project. At 10:30 a.m. on March 2, formal bids from each bidder were received for this project. ➢ All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid and past performance of Frattalone Companies Inc. have been reviewed by the Public Works Department (Engineering) and found to provide the best value; the base bid is in order for favorable Council action. Attachments: (1) CI -1 Bid Summary BID SUMMARY VIKINGS PARKWAY STREET & UTILITY IMPROVEMENTS CITY CONTRACT No. 16-22 Bid Date/ Time: 10:30 a.m., Thursday, March 2, 2017 Engineer's Estimate: $4,188,629 Contractors 1. Frattalone Companies, Inc. Total Base Bid $3,211,025.03 Technical Score 9.11 Adiusted Score* 352,627 2. McNamara Contracting, Inc. $3,433,098.60 9.18 374,057 3. Eureka Construction, Inc. $3,406,299.40 9.09 374,895 4. Park Construction Company $3,567,996.55 8.86 402,527 5. R.L. Larson Excavating Inc. $3,624,850.30 8.74 414,604 6. C.S. McCrossan Construction. Inc. $3,943,603.85 9.36 421,235 7. S.M. Hentges & Sons, Inc. $3,665,980.24 8.66 423,519 8. Northwest Asphalt Inc. $3,482,122.75 7.90 440,998 9. Shafer Contracting Co., Inc. $4,034,982.33 9.09 443,795 10. Max Steininger, Inc. $4,072,631.12 8.97 453.927 *Best -value contracting: Adjusted Score = Total Base Bid/Technical Score Low Adjusted Feasibility Over/Under Engineer's Over/Under Project 1225 Score Report (FR) FR Estimate Estimate Eng Estimate Base Bid Estimate Vikings Parkway $3,211,025.03 $4,127,755 -22.2% $4,188,629 -23.3% Agenda Information Memo March 7, 2017 Eagan City Council Meeting CONSENT AGENDA J. Contract 17-04, Fitz Lake Water Quality Improvements Ponds LP -26.3 / LP -26.5 Action To Be Considered: Receive the bids and award Contract 17-04 (Fitz Lake Improvement Project — Ponds LP -26.3 / LP -26.5 Improvements) to Alcon Construction Corporation for the Base Bid in the amount of $147,575.25 and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 17-04 provides for excavations, stormwater infrastructure modifications and installation of iron -enhanced sand filtration (IESF) systems at Ponds LP -26.3 and LP -26.5, which are adjacent to Fitz Lake in southeast Eagan. The IESF systems would remove dissolved phosphorus from stormwater as the ponds drain into the lake during high-water conditions. ➢ On January 17, 2017, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 17-04. ➢ At 10:30 a.m. on March 2, formal bids from each bidder were received for this project. ➢ All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid of Alcon Construction Corporation has been reviewed by the Public Works Department (Water Resources/Engineering Divisions) and found to be in order for favorable Council action. Attachments: (1) CJ -1 Bid Summary 1_31i3411►ylII /_F:i1 f��t�_\t�1►T�17Z�1�/�u1�►ji7Z��� Ponds 26.3 / 26.5 Improvements City Contract No. 17-04 City Project No. 1241 Bid Date/ Time: 10:30 a.m., Thursday, March 2, 2017 Engineer's Estimate: $ 199,445.01 Contractors Total Base Bid 1. Alcon Construction Corporation $ 147,575.25 2_. Fitzgerald Excavating $ 159,144.00 3. Craig Bardson Excavating, Inc. $ 169,882.69 4. G.F. ledlicki, Inc. $ 178,652.00 5. Sunram Construction, Inc. $ 194,818.00 6. Minger Construction Co. Inc. $ 196,875.00 7. Urban Companies $ 198,498.00 8. Kevin Casey Contracting, LLC $ 215,609.00 9. Gridor Construction, Inc. $ 216,295.00 10. Meyer Contracting Inc. $ 220,708.40 11. Peterson Companies $ 229,050.00 12. Rachel Contracting $ 268,435.50 Project 1241 Base Bid Engineer's Over/Under Fitz lake Improvement Project Estimate Eng Estimate Alcon Construction Corporation $147,575.25 $199,445.01 -26% Agenda Information Memo March 7, 2017 Eagan City Council Meeting CONSENT AGENDA K. Lot 1, Block 1, Cedar Grove Gateway 1St Addition Easement Vacation Action To Be Considered: Receive the petition to vacate a portion of public drainage and utility easement on Lot 1, Block 1, Cedar Grove Gateway 1St Addition and schedule a public hearing to be held on April 4, 2017. Facts: ➢ On February 15, 2017, City staff received a petition from Mr. Dan Mueller, Director of Development for the Minnesota Autism Center (MAC), requesting the vacation of a portion of existing drainage and utility easement on Lot 1, Block 1, Cedar Grove Gateway 1St Addition, between TH 13 and Silver Bell Road in west central Eagan. ➢ The petition to vacate public easement has been submitted for Council consideration to schedule a public hearing on April 4, 2017. The larger than standard easement was dedicated on the plat of Cedar Grove Gateway 1St Addition in 2008, at no cost to the City, to provide for public drainage and utility purposes. ➢ The purpose of the request is to allow MAC to build a new building which will act as a Skills Development Center. ➢ There are no existing public utilities within the easement or plans for future placement of public utilities. A standard width drainage and utility easement will be maintained adjacent to the property line as is typical for drainage and utility purposes. ➢ 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) CK -1 Location Map CK -2 Legal Description Graphic o� 1R Lone Oak Road S LOCATION OF PROPOSE® EASEMENT !VACATION (Cedar Grove Gateway 1st Addition) Yankee Doodle Road �` zs C; 0 JJ n3 3030 Dlffley Road fo a 43 Cliff Road -7 i APPLE VALLEY R Map of Proposed Location Fig. 1 for Easement Vacation Lot 1, Block 1 N City of Eagan Cedar Grove Gateway lst Addition 02,2200 u � � cs7 w co Qa n_ \ 7 02 �R• O� , N \ \ ££'M f .c r r OU J I 16 CG - G OL'9Lf 3,,EO '1o00N A In/ / //-7/7L/ //\ l V lJ1.11lJ LJ V V (2L -LTJ V (-�_J—,..?_Ji I- 7 cs7 n_ \ 7 �R• I 16 CG - G OL'9Lf 3,,EO '1o00N A In/ / //-7/7L/ //\ l V lJ1.11lJ LJ V V (2L -LTJ V (-�_J—,..?_Ji I- 7 �R• O� , N \ a L� J I 16 CG - G OL'9Lf 3,,EO '1o00N A In/ / //-7/7L/ //\ l V lJ1.11lJ LJ V V (2L -LTJ V (-�_J—,..?_Ji I- 7 Agenda Information Memo March 7, 2017 Eagan City Council Meeting CONSENT AGENDA L. Water System Cross -Connection Control Program Service Contract Action To Be Considered: Approve a 3 -year contract with HydroCorp Inc. in the amount of $64,380.00 for Cross Connection Control Services and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ All public water systems are subject to potential losses or increases of pressure. When system pressure changes rapidly (e.g. water main break, fire hydrant use, etc.), the flow of water in nearby buildings has the potential to reverse with water leaving the buildings and returning to the public system. Contamination of the public potable water supply is possible due to unprotected plumbing connections, or cross -connections, within buildings without backflow prevention. ➢ As of January 2016, a Plumbing Code update requires that a majority of backflow prevention devices be inspected and maintained annually. This code revision includes commercial and residential devices. ➢ On April 13, 2016, the Public Works Committee recommended that City staff proceed with the preliminary development of a Cross -Connection Control Plan for consideration by the City Council. ➢ On January 17, 2017, the Council approved an Ordinance Amendment to Section 3.20, Rules and Regulations Relating to Water Service, to enable a Cross Connection Control program and authorized staff to seek Requests For Proposals for a contractor/consultant to operate the City's cross -connection monitoring program. The RFP was sent to the four major service providers in the country. ➢ Of the four service providers, two replied with RFPs, one respectfully declined, and one did not respond. On February 24, 2017, two proposals were reviewed (see attached summary). The low bid of $64,380.00 was 8.0% below the estimate of $70,000. ➢ All RFPs were reviewed for compliance with the specifications and accuracy. The low quote of $64,380.00 from HydroCorp Inc. has been reviewed by Public Works staff and found to be in order for favorable Council action. ATTACHMENTS (2) CL -1 Summary of Quotes CL -2 Contract BID SUMMARY 2017 CROSS CONNECTION CONTROL SERVICES H 0a k!W CITY CONTRACT NO. Bid Date/ Time: 12:00 p.m., Friday February 24, 2017 Estimated Annual Quote: $70,000 Contractors HydroCorp Total Over/Under Base Bid Estimate $64,380 -8% Backflow Solutions Inc / BSI Online $91,667 31% Aqua Backflow No Quote Cross Connection Control Management, Inc. No Response CITY OF EAGAN CONTRACT FOR SERVICES IT IS HEREBY AGREED THAT HydroCory Inc. ("Contractor") is to furnish services as herein stated for the CITY OF EAGAN, a Minnesota municipal corporation ("City"). City and Contractor agree that Contractor is an independent contractor and not an employee of City. Contractor further agrees to provide the services as set forth in the Request for Proposal attached hereto ("RFP") and Contractor agrees that all terms of the RFP, General Conditions, and Contractor's individual quote are incorporated into the agreement with City. Contractor shall comply with all terms and conditions set forth in the RFP and General Conditions, and if any terms of Contractor's bid conflict with the RFP or General Conditions, the RFP or General Conditions shall control. Contractor shall indemnify and hold City harmless from any and all damages, liability, injury, disability costs, or expenses, including but not limited to attorney's fees and court costs, arising out of or related to any work provided by Contractor or Contractor's breach of the terms of its agreement with the City or Contractor's breach of the terms of RFP, General Conditions, or Contractor's quote. Contractor further hereby releases the City from any and all claims or liability arising out of or related to the work contemplated by the RFP, Contractor's actions in connection therewith and the negligence of the City. This release of liability of the City does not include any injuries the Contractor incurs as result of willful or intentional misconduct by the City, its agents or employees. This agreement shall take effect upon its execution and shall remain in effect until December 31, 2019 at which time it shall be automatically terminated. This agreement is subject to termination by either party by notice in writing to the other, without cause. THE SERVICES TO BE PERFORMED UNDER TERMS OF THIS AGREEMENT BY CONTRACTOR ARE AS FOLLOWS: See attached RFP and General Conditions. CONSIDERATION TO BE PAID FOR SERVICES BY CITY SHALL BE: [The remainder of this page has been intentionally left blank. Signature page to follow.] IN WITNESS WHEREOF, the parties have entered into this agreement effective as of ,20 Contractor City of Eagan Independent Contractor 2 By: Its: Mayor By: Its: City Clerk City of Eagan, Minnesota Request For Proposal Cross -Connection Control Program SUMMARY This program is a continued effort for an ongoing Cross -Connection Control Program and will provide the City of Eagan with the necessary data and information to maintain compliance with the Minnesota Department of Health and Minnesota Department of Industry and Labor Cross Connection Control Regulations. II. EXPECTATIONS The CITY OF EAGAN expects completion of the following service components within a three (3) year period: A. Provide a customized Cross Connection Control Plan/Policy binder for the City of Eagan (reference material). B. Perform inspections at approximately 1200 individual industrial, commercial, institutional facilities and miscellaneous water users within the City served by the public water supply for cross -connections (this includes City facilities). Compliance follow up visits are included in this scope of work and performed after the water customer has contacted the designated agent or the City with indication of corrected violations. An approximate total of 2,000 site visits including initial and necessary follow up compliance visits are forecasted for this scope of work. C. Inspector will survey exposed piping and utilize Isolation/Point of Use inventory method of surveying. The designated agent will document all existing backflow prevention devices and assemblies and verify proper installation. Documentation to include make, model, size, manufacturer, serial number, device location, and the process the device is protecting the public water supply against. Unprotected cross connection hazards will be documented for notification to water customer and the City. D. Facility "degree of hazard" and recommended re -survey frequency will be determined after initial inspection. E. Perform administrative functions including: support via phone (either a toll free or local phone line administered by the designated agent), fax, internet, text or email; scheduling of inspections; mailing of all notices; verification of corrective action(s) requirements; providing general customer service associated with the program, and providing program education either over the phone, in person, or in a group setting (public awareness meeting). F. Generate all site inspection and backflow prevention assembly test notices, non-compliance notices and records/reports. Coordinate/monitor reporting of backflow prevention assembly testing compliance for all backflow prevention assemblies. Verification of backflow prevention assembly tester credentials & proper testing results for each testable assembly backflow preventer documented during site inspection. G. Document the required program data and generate compliance status reports. All program services shall be subject to complete recordkeeping. H. Conduct an annual review meeting with City staff to discuss overall program status and recommendations. I. Assist the CITY OF EAGAN with a community wide public relations program, including general awareness brochures and web site cross connection control program overview content and resources. III. SCOPE OF SERVICES The following is a list of expected services: 1. Provide complete cross -connection control program services and on site surveys including: A. Consultant will design and produce educational program literature, help to coordinate and participate in a Public Relations Program, and provide an up to 45 -minute Cross -Connection Control Program Public Awareness meeting. Public Awareness meeting to shall be held at an appropriate municipal building. Page 2 of 8 RFP - 12/30/2016 B. Consultant will provide 800 educational cross connection control brochures on an annual basis to the City. C. Provide a written comprehensive Cross -Connection Control Plan specific to the CITY. The plan must include plumbing code adoption, references, program intent, standard operational procedures, all program and notice documentation, reporting procedures (including daily, monthly & annually), backflow prevention device standards including detailed installation schematics, piping identification, and testing standards. Three (3) printed copies of current MN state plumbing code shall be provided. D. The Cross -Connection Plan must also include a recommended re -survey schedule for all facilities. The frequency for re -survey of each facility will be dictated by the designated degree of hazard for each facility surveyed (2 Year for High Hazard and 6 Year for Low Hazard). E. Schedule and notify customers of surveys and/or annual backflow preventer test records request in writing via U.S. Postal service. F. Provide full-time and Toll Free phone call in support for customer questions/appointments by an individual certified/trained in cross connection control with ASSE 5150 Backflow Prevention Program Administration. Phone will be staffed during normal business hours Monday through Friday. An automatic message service will be provided for after hour calls. G. Complete an annual minimum of 700 on-site Cross -Connection Control surveys of commercial, industrial, institutional and miscellaneous water customers. Verify the required test was performed by an ASSE 5110/5140 certified backflow tester. Verify any internal maintenance was performed by an ASSE 5130 certified backflow prevention rebuilder. An ASSE 5120 Cross - Connection Control Surveyor is considered qualified by the City to investigate all potable water outlets for actual or potential connections. Between a potable water supply and sources of contamination or pollution. The total number of surveys will include initial and compliance follow up visits when required. Page 3 of 8 RFP - 12/30/2016 H. All existing backflow prevention devices & assemblies, (i.e. testable & non - testable) must be inspected for proper installation, inventoried and documented. Documentation to include size, make, model, serial number, regulated object number and location on site of survey. I. Generate all program postal notifications for non-compliant building owners informing them of installation requirements or required corrective action. Specific Uniform Plumbing Code reference and written corrective action instructions shall be included for each non-compliant building record. J. Provide access to live/real time facility compliance status reporting to the CITY on a secure website. Status reports will be available on-line and include the number of surveys completed, notices sent, tests overdue, surveys overdue, a listing of surveys and re -surveys scheduled for the upcoming period, upcoming notifications, a list of facilities in, or not in, compliance. Each facility record shall provide itemized details of all backflow prevention assemblies, devices and methods documented during a completed survey. K. Prepare an annual Cross -Connection Control report that includes a program summary, to include a detailed facility listing to include address, re -survey frequency, listing of compliant and non-compliant facilities, total number of surveys completed, sites never inspected, vacant facilities, listing of all testable devices and total number of program notifications sent. L. Provide four on site progress review meetings per year with the CITY's designated representative to discuss program status, specific recommendations and a suggested action plan. 2. Provide complete data management. All Cross Connection Survey and Backflow Prevention Tracking information and records shall be property of the City and will be made available for access by the CITY when requested. Any other use or sharing is strictly prohibited. Software package will be approved by the CITY and able to produce at a minimum the following reports and notices: A. Standard notices to include, survey, re -survey, testing, non-compliance and compliance notices. Page 4 of 8 RFP - 12/30/2016 B. Produce management reports for notices, inventory of devices, device tests, survey schedules, device test schedules, overdue surveys, and device test forms. C. Schedule survey and follow up surveys from internal records, standard procedures, and timing as necessary for compliance. D. Automatically access all data relevant to a particular facility or period of time. E. Generate an Annual Cross Connection Control Report and supporting documents for MDH Sanitary Surveys. F. Provide a comprehensive summary of all cross -connection surveys completed, compliance status and test records in Excel Format. 3. Avoid any conflict of interest. The Consultant shall not offer or advertise to City water customers for plumbing products, the installation of plumbing or testing/repair of backflow prevention assemblies during the contract period for up to 365 days after end of project. 4. Expect the City to supply appropriate information. The City of Eagan will provide the consultant with a complete, accurate, and applicable water customer account listing. IV. UPON SELECTION AND CONTRACT EXECUTION 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 $750,000.00. The Consultant shall maintain, and provide to the City proof of coverage, the statutory minimum Workers Compensation insurance coverage as required by Minnesota state law. The Consultant shall maintain, and provide to the City proof of coverage, automobile liability insurance to include all owned (private passenger and other than private passenger), hired and non -owned vehicles to be utilized in the performance of services under this Page 5 of 8 RFP - 12/30/2016 Agreement with limits of coverage shall not be less than $1,000,000 per occurrence. Hold Harmless Clause - The consultant shall, upon execution of the agreement, agree to assume all liability to protect, indemnify and save the CITY, its agents, officers, and employees harmless from and against all actions and attorney fees for the injuries to, or death of, any person or persons whomsoever, including the parties hereto, and their agents. The CONSULTANT shall pay, settle, compromise, and procure the discharge of any and all claims and losses, damages, and expenses. No employee of the CONSULTANT shall at any time be considered an agent or employee of the CITY. Subletting - The CONSULTANT shall not sublet or assign any portion of the contract. Safety - The CONSULTANT shall comply with all Federal, State and local laws and regulations governing the furnishing and use of all safeguards, safety and devices, and protective equipment, and take any other needed actions on his own responsibility as necessary to protect the life and health of employees on the job and the safety of the public and to protect property during the agreement. Workmanship - Only personnel trained and experienced in the various aspects of applicable operation as required herein shall perform all contractual services. The CONSULTANT may not offer to sell plumbing products or installation services to a facility on the water customer account listing. Conflict of Interest — The CONSULTANT shall not offer or advertise within the CITY for plumbing products, the installation of plumbing or testing of backflow prevention assemblies during the contract period. Work Product - All information generated by CONSULTANT remains the property of the CITY. V. REQUIREMENTS FOR PROPOSALS Interested parties should submit proposals which include, at a minimum, the following information: Qualifications: A statement of qualifications and experience must accompany the proposal. This Page 6 of 8 RFP - 12/30/2016 should include, at a minimum, a discussion of the availability of necessary expertise and resources to perform the project requirements either within the firm or through the use of subconsultants. The following criteria will be used as a minimum for approval of this proposal: A. Have at least one person on staff certified with the ASSE Standard #5150 for Backflow Prevention Program Administrator or equivalent B. Have at least two people on staff certified with the ASSE Standard #5120 for Cross Connection Control Surveyor. C. Consultant must have a minimum of one licensed Municipal Waterworks Operator on staff. D. Have a minimum five -(5) years' experience of continuous municipal cross - connection survey/program management experience in communities with minimum population of 65,000. References: The following criteria will be used as a minimum for approval of this proposal: A. Provide a current Cross Connection Control Program client list for a minimum of five (5) clients where consultant is performing Cross -Connection Control Program Surveying and Management Services. B. Provide a contact person and phone number for each client and duration of contract. C. Provide a letter of reference from the MN Department of Health for prior Cross - Connection Control Program management or training. Page 7 of 8 RFP - 12/30/2016 GENERAL CONDITIONS INDEX PAGE SECTION 1 - OWNER -OWNER - CONTRACTOR RELATIONS GC -1 SECTION 2 - AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS GC -2 SECTION 3 - MATERIALS, EQUIPMENT & WORKMANSHIP GC -3 SECTION 4 - INSURANCE, LEGAL RESPONSIBILITY, PUBLIC SAFETY & MISCELLANEOUS GC -5 SECTION 5 - MEASUREMENT & PAYMENT GC -7 SECTION 6 - CHANGES IN THE WORK GC -10 SECTION 7 - CHANGE OF CONTRACTOR'S COMPENSATION GC -11 SECTION 8 - SUSPENSION OF WORK & TERMINATION GC -12 SECTION 9 - GENERAL GC -13 SECTION 1 OWNER -OWNER -CONTRACTOR RELATIONS 1.1 DEFINITIONS AND DESIGNATION OF PARTIES Owner: The City of Eagan, Minnesota, acting through the City Council. City: The City of Eagan, Minnesota, Owner and party to the contract. Contractor: The bidder making a contract with the Owner to undertake work under these Contract Documents. Work: Execution of duties and tasks, furnishing of labor, materials and miscellaneous associated items; and constructing and installing improvements and equipment — all as described in the Contract Documents. Project: The sum of all of the work necessary to complete the Contract. 1.2 RESPONSIBLE CONTRACTOR In accordance with Laws of Minnesota, 2014, chapter 253 (Minnesota Statutes §16C.285), Bidders are hereby advised that the Department cannot award a construction contract in excess of $50,000 unless the contractor is a "responsible contractor" as defined in Minnesota Statutes § 16C.285, subdivision 3. A bidder submitting a Proposal for this Project must verify that it meets the minimum criteria specified in Minnesota Statutes §16C.285, subdivision 3, by completing the Responsible Contractor Certificate within this Proposal. Statements in the certificate must be certified by a company officer. Bidders are responsible for obtaining verifications of compliance from all subcontractors, using a form provided by the Department. A bidder must submit signed verifications from subcontractors upon the Department's request. A Bidder or subcontractor who does not meet the minimum criteria established in Minnesota Statutes §16C.285, subdivision 3, or who fails to verify compliance with the minimum requirements, will not be a "responsible contractor" and will be ineligible to be awarded the Contract for this Project or to work on this Project. Bidders and subcontractors are also advised that making a false statement verifying compliance with any of the minimum criteria will render the Bidder or subcontractor ineligible to be awarded a construction contract for this Project and may result in the termination of a contract awarded to a Bidder or subcontractor that makes a false statement. 1.3 ASSIGNMENT OF CONTRACT The Contractor shall neither sublet, sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or of its right, title or interest therein, or its obligations thereunder, nor, if this Contractor is a corporate entity, sublet, sell, transfer or assign a majority of the outstanding shares of stock in the corporation, without prior written consent of the Owner. In case written consent is given, the Contractor will be permitted to sublet a portion of the contract or corporate stock thereof, but shall perform, with its own organization, Work amounting to not less than 50 percent of the total original contract cost. No subcontracts or transfer of contract or corporate stock shall release the Contractor of its liability under the Contract or Bonds. 1.4 SEPARATE CONTRACTS The Owner may let other contracts in connection with the Work of the Contractor. The Contractor shall cooperate with other contractors with regard to storage of materials and execution of their Work. It shall be the Contractor's responsibility to inspect all work by other contractors affecting its Work and to report to the Owner any irregularities which will not permit it to complete its work in a satisfactory manner. Contractor's failure to notify the Owner of such irregularities shall indicate the work of other contractors has been satisfactorily completed to receive its Work. The Contractor shall not be responsible for defects of which it could not have known, which develop in the work of others after the Work is completed. It shall be the responsibility of the Contractor to measure the completed work in place and report to the Owner immediately any difference between completed work by others and the Drawings. 1.5 SUBCONTRACTS Nothing herein shall create any legal relationship between the Owner and any subcontractor, and no subcontractor shall have any rights under this Contract with the Owner. The Contractor's award of subcontracts shall be subject to the following: 1.5.1 Unless otherwise specified in the Contract Documents, the Contractor shall, upon receipt of the executed Contract Documents, submit in writing to the Owner the names of any subcontractors proposed for the Work. Subcontractors may not be changed except at the request or with the consent of the Owner. Contractor shall not employ any subcontractor or other person or organization (including those who are to furnish the principal items of materials or equipment), whether initially or as a substitute against whom Owner may have reasonable objection. A subcontractor or other person or organization identified in writing to Owner by Contractor prior to the Notice of Award and not objected to in writing by Owner prior to the Notice of Award will be deemed GC -1 City of Eagan acceptable to Owner. Acceptance of any subcontractor, other person or organization by Owner shall not constitute a waiver of any right of Owner to reject defective Work. If Owner after due investigation has reasonable objection to any subcontractor, other person or organization proposed by Contractor after the Notice of Award, Contractor shall submit another acceptable subcontractor at no change in the Contract Price. Contractor shall not be required to employ any subcontractor, other person or organization against whom Contractor has reasonable objection. 1.5.2 Contractor shall be fully responsible for all acts and omissions of its subcontractors and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may be liable to the same extent that Contractor is responsible for the acts and omissions of persons directly employed by Contractor. Nothing in the Contract Documents shall create any contractual relationship between Owner and any subcontractor or other person or organization having a direct contract with Contractor, nor shall it create any obligation on the part of Owner to pay or to see to the payment of any moneys due any subcontractor or other person or organization, except as may otherwise be required by law. Owner may furnish to any subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to Contractor on account of specific Work done. 1.5.3 All Work performed for Contractor by a subcontractor will be pursuant to an appropriate agreement between Contractor and the subcontractor which specifically binds the subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Owner and contains waiver provisions as required by Paragraph 4.1. 1.6 ORAL CONTRACTS No oral order, objection, claim or notice by any party to the others shall affect or modify any of the terms or obligations contained in any of the Contract Documents, and none of the provisions of the Contract Documents shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification. 1.7 NONDISCRIMINATION IN EMPLOYMENT For Work under this Contract the Contractor must agree: A. That in the hiring of common or skilled labor for the performance of any Work under this Contract or any subcontract hereunder, no contractor, material supplier or vendor shall, by reason of race, creed, color or national origin, discriminate against the person or persons who are qualified and available to perform the Work to which such employment relates; B. That no Contractor, material supplier or vendor shall, in any manner, discriminate against or intimidate or prevent the employment of any person or persons, or on being hired, prevent or conspire to prevent any person or persons fiom the performance of the Work under this Contract on account of race, creed, color or national origin. C. Violation of this section shall be cause for cancellation or termination of this Contract. 1.8 DECISIONS ON DISAGREEMENTS 1.8.1 Claims, disputes, disagreements, or other matters in question between the Contractor and the Owner relating to the execution or progress of the Work or the interpretation of the Contract documents shall be referred initially to the Owner for decision which he will render in writing within a reasonable time. 1.8.2 Any claim dispute, disagreement or other matter that has been referred to the Owner, except any which has been waived by the making or acceptance of the final payment, shall be subject to the Dispute Resolution provisions under Paragraph 1.8 below. 1.9 DISPUTE RESOLUTION/VENUE CLAIMS 1.9.1 All claims, disputes and matters in questions arising out of, or relating to, this Contract or the breach thereof, except for claims which have been waived by the Contractor, by the making or acceptance of final payment, shall be brought in the Dakota County District Court, Dakota County, Minnesota. Provided, however, that the Contractor must commence any action within one (1) year of its accrual. Provided further that Contractor waives its right to pursue any claim upon its acceptance of final payment. Notwithstanding anything contained herein to the contrary, Owner may pursue, any claim arising out of or relating to this Contract, within the applicable statues of limitation. 1.9.2 This Contract is accepted in and shall be construed in accordance with the laws of the State of Minnesota. GC -2 City of Eagan 1.9.3 The Contractor shall carry on the Work and maintain the progress schedule during any District Court proceeding, unless otherwise agreed by him and the Owner in writing. SECTION 2 AVAILABILITY OF LANDS: PHYSICAL CONDITIONS, REFERENCE POINTS 2.1 LANDS BY OWNER The Owner shall provide, not later than the dates stipulated by the Contract, the lands shown on the Drawings upon which the Work under the Contract is to be performed. The Owner shall also provide rights-of-way for access thereto. Any unreasonable delay in furnishing these lands by the Owner shall be deemed proper cause for adjustment in the time of completion. The Contractor shall not store materials or equipment on the surface of public streets between the hours of 10:00 pm and 7:00 am for streets that are open to traffic, unless specifically authorized in writing by the Owner. 2.2 LANDS BY CONTRACTOR Any additional land and access thereto not shown on the Drawings that may be required for temporary construction facilities or for storage of materials and equipment shall be provided by the Contractor with no liability to the Owner. The Contractor shall confine its apparatus and storage of materials and operation of its workmen to those areas described in the Drawings and Technical Specifications and such additional areas which it may provide at its expense. 2.3 PRIVATE PROPERTY The Contractor shall not enter upon private property for any purpose without obtaining permission from the Owner thereof, and it shall be responsible for the preservation of all public property, trees, monuments, etc., along and adjacent to the street and/or right-of-way, and shall use every precaution necessary to prevent damage or injury thereto. The Contractor shall protect carefully from disturbance or damage all monuments and property marks until an authorized agent has witnessed or otherwise referenced their location and shall not remove them until directed. 2.4 SURVEYS The Owner shall establish all base lines for the location of the principal component parts of the Work together with a suitable number of benchmarks adjacent to the Work. The Contractor shall be responsible for carefully preserving bench marks, reference points and stakes, and, in the case of destruction thereof resulting from its negligence or otherwise, the Contractor shall be charged with the expense of the Owner's Owner for re-establishing said control and shall be responsible for any mistakes that may be caused by the unnecessary loss or disturbance of such bench marks, reference points and stakes. 2.5 UTILITIES The Contractor shall be solely responsible for verifying the exact location of all utilities. Prior to the start of any construction, the Contractor shall notify all utility companies having utilities in the Project area and coordinate its Work with all utility companies. The Contractor shall have sole responsibility for providing temporary support and for protecting and maintaining all existing utilities in the Project area during the entire period of construction, including but not limited to the period of excavation, backfill and compaction. In carrying out this responsibility, the Contractor shall exercise particular care, whenever gas mains or other utility lines are crossed, to provide compacted backfill or other stable support for such lines to prevent any detrimental displacement, rupture or other failure. 2.6 INVESTIGATIONS The Contract Documents may reference reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting the cost, progress or performance of the Work which have been relied upon by Owner in preparation of the Drawings and Specifications. Such reports are not guaranteed as to accuracy or completeness and are not part of the Contract Documents. 2.7 UNUSUAL CONDITIONS Contractor shall promptly notify the Owner in writing of any subsurface or latent physical conditions at the site or in an existing structure differing materially from those indicated or referred to in the Contract Documents. Owner will promptly review those conditions and advise Owner in writing if further investigation or tests are necessary. Within a reasonable time thereafter, Owner shall obtain the necessary additional investigations and tests and furnish copies to the Owner and Contractor. If Owner finds that the results of such investigations or tests indicate that there are subsurface or latent physical conditions which differ materially from those intended in the Contract Documents, and which could not GC -3 City of Eagan reasonably have been anticipated by Contractor, a Change Order may be issued incorporating the necessary revision. SECTION 3 MATERIALS, EQUIPMENT AND WORKMANSHIP 3.1 MATERIALS AND EQUIPMENT FURNISHED BY CONTRACTOR 3.1.1 All materials used in the Work shall be new and of good quality unless otherwise provided for in the Contract Documents, shall meet the requirements of the Technical Specifications, and shall not be incorporated into the Work until reviewed by the Owner. If required by Owner, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. 3.1.2 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, supplier or distributor, except as otherwise provided in the Contract Documents. 3.2 STORAGE OF MATERIALS Materials shall be so stored by the Contractor as to insure the preservation of their quality and fitness for the Work. Stored materials shall be located so as to facilitate prompt inspection. Private property shall not be used for storage purposes without the written permission of the owner or lessee thereof. 3.3 CONTRACTOR'S SUPERINTENDENTS AND WORKERS 3.3.1 A competent superintendent, who is acceptable to the Owner, shall be maintained on the Work site and give efficient supervision to the Work until its completion. The superintendent shall have full authority to act on behalf of the Contractor, and all communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed by the Owner in writing. Other communications shall be so confirmed upon written request of the Contractor. It shall be the responsibility of the Contractor's superintendent to coordinate the work of all the subcontractors. When required, the superintendent shall be present on the site to perform adequate supervision and coordination. 3.3.2 The Contractor shall at all times be responsible for the conduct and discipline of its employees and/or any subcontractors. All workers must have sufficient knowledge, skill and experience to perform properly the work assigned to them. Any foreman or worker employed by the Contractor or subcontractor who does not perform work in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate manner shall be discharged immediately and shall not be employed again in any portion of the Work. 3.4 WARRANTY AND GUARANTEE Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to Contractor. All defective Work, whether or not in place, maybe rejected, corrected or accepted as provided in Paragraph 3.8. 3.5 ACCESS TO WORK Owner and Owner's representatives, other representatives of Owner, testing agencies and governmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation, inspection and testing. Contractor shall provide proper and safe conditions for such access. 3.6 TESTS AND INSPECTIONS 3.6.1 Contractor shall give Owner timely notice of readiness of the Work for all required inspections, tests or approvals. 3.6.2 Contractor shall be responsible for and shall pay all costs in connection with any inspection or testing required in connection with Owner's acceptance of a manufacturer, fabricator, supplier or distributor of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. The cost of all other inspections, tests and approvals not required by the Contract Documents shall be paid by Owner (unless otherwise specified). 3.6.3 All inspections, tests or approvals other than those required by law, ordinance, rule, regulation, code or order of any public body having jurisdiction shall be performed by organizations selected by or acceptable to Owner. 3.6.4 If any Work that is to be inspected, tested or approved is covered without written concurrence of Owner, it must, if requested by Owner, be uncovered for observation. Such uncovering shall be at Contractor's expense GC -4 City of Eagan unless Contractor has given Owner timely notice of Contractor's intention to cover such Work and Owner has not acted with reasonable promptness in response to such notice. If it is found that such Work is defective, Contractor shall bear all the expenses of satisfactory reconstruction, including compensation for additional professional services, and an appropriate deductive Change Order shall be issued. 3.6.5 Neither observations by Owner nor inspections, tests or approvals by others shall relieve Contractor from its obligations to perform the Work in accordance with the Contract Documents, 3.7 OWNER MAY STOP THE WORK If the Work is defective, or Contractor fails to supply sufficient skilled workmen or suitable materials or equipment, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. 3.8 CORRECTION OR REMOVAL OF DEFECTIVE WORK If required by Owner, Contractor shall promptly, without cost to Owner and as specified by Owner, either correct any defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by Owner, remove it from the site and replace it with nondefective Work. 3.9 TWO-YEAR CORRECTION PERIOD If within two years after the date of Final Acceptance of the project or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions, either correct such defective Work, or, if it has been rejected by Owner, remove it from the site and replace it with nondefective Work. If Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by Contractor. 3.10 ACCEPTANCE OF DEFECTIVE WORK If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to Owner's recommendation of final payment, also Owner) prefers to accept it, Owner may do so. In such case, if acceptance occurs prior to Owner's recommendation of final payment, a Change Order shall be issued incorporating the necessary revision in the Contract Documents, including appropriate reduction in the Compensation to the Contractor; or, if the acceptance occurs after such recommendation, an appropriate amount shall be paid by Contractor to Owner. 3.12 OWNER MAY CORRECT DEFECTIVE WORK If Contractor fails within a reasonable time after written notice of Owner to proceed to correct defective Work or to remove and replace rejected Work as required by Owner in accordance with Paragraph 3.8, or if Contractor fails to perform the Work in accordance with the Contract Documents (including any requirements of the progress schedule) Owner may, after seven days' written notice to Contractor, correct and remedy any such deficiency. In exercising its rights under this paragraph, Owner shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from all or part of the site, take possession of all or part of the Work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees such access to the site as may be necessary to enable Owner to exercise its rights under this paragraph. All direct and indirect costs of Owner in exercising such rights shall be charged against Contractor in an amount verified by Owner, and a Change Order shall be issued incorporating the necessary revisions in the Contract Documents and a reduction in the Contractor's Compensation. Such direct and indirect costs shall include, in particular but without limitation, compensation for additional professional services required and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by Owner of Owner's rights hereunder. 4.1 INSURANCE SECTION 4 INSURANCE, LEGAL RESPONSIBILITY PUBLIC SAFETY AND MISCELLANEOUS GC -5 City of Eagan 4.1.1 General: The Contractor shall not commence work under this contract until it has obtained all insurance required under this Section and shall have filed the certificate of insurance or the certified copy of the insurance policy with the Owner and Owner. The Contractor shall not allow any subcontractor to commence work on its subcontract until all insurance required for the subcontractor has been obtained. Each insurance policy shall contain a clause providing that it shall not be canceled by the insurance company without thirty (30) days written notice to the Owner of intent to cancel. Each insurance policy shall contain a clause naming the Owner and any property owner affected by the Work as an additionally insured party under the policy. Certificates of insurance shall be submitted on Standard Form C.I.C.C.-701 or ACORD 25 forms and shall specifically note the clause providing for 30 days written notice to the Owner of intent to cancel. The certificates of insurance shall also specifically note the clause naming the Owner as an additionally insured party under the policy. A. Worker's compensation insurance and employer's liability insurance as required by law. B. Contractor's comprehensive general and automobile liability insurance, including coverage for non -owned and hired vehicles, in limits as follows: Commercial General Liability - Bodily Injury $1,500,000 each occurrence $1,500,000 each individual Property Damage $1,500,000 each occurrence Automobile Liability - Bodily Injury $500,000 each individual $500,000 each occurrence Property Damage $1,500,000 each occurrence C. Contractor may procure and maintain an Umbrella or Excess liability policy to cover the above insurance values. D. Minimum Insurance Requirements: Losses other than those covered by insurance shall be the sole responsibility of the Contractors. The insurance requirements as set forth herein shall be considered to be minimum requirements only. Any other insurance that may be necessary to provide adequate coverage must be provided by the Contractors and shall be their sole responsibility. E. Contractual Liability: To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner and the Owner and their agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees arising out of or resulting from the performance of Work provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Section. The Contractor, in addition to, and conformity with, all of the other requirements of this Section, will be required to indemnify the property owners from whom temporary construction easements were obtained and include said property owners as additional named insured on the appropriate insurance rider. Names of the property owners, along with other required information, will be provided to the successful bidder after the Contract has been awarded. 4.2 PERMITS AND LICENSES All permits and licenses necessary for the prosecution of the Work shall be secured by the Contractor prior to the commencement of the Work. Contractor shall also pay all public utility charges, governmental charges and inspection fees. 4.3 LAWS, REGULATIONS AND SAFETY 4.3.1 Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If Contractor observes that the Technical Specifications or Drawings are at variance therewith, it shall give Owner prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate Change Order or other Modification. If Contractor performs any Work knowing or being in a position to know it to be contrary to such laws, ordinances, rules and regulations, and without such notice to Owner, it shall bear all costs arising therefrom; however, it shall not be its primary responsibility to make certain that the Technical Specifications and Drawings are in accordance with such laws, ordinances, rules and regulations. 4.3.2 Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: GC -6 City of Eagan A. All employees on the Work and other persons who may be affected thereby; B. All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site; and C. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 4.3.3 Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss, it shall erect and maintain, as required by the conditions and progress of the Work, all necessary safeguards for its safety and protection. Contractor shall notify owners of adjacent utilities when prosecution of the Work may affect them. All damage, injury or loss to any property referred to in Section 4.3.2.B and C caused, directly or indirectly, in whole or in part, by Contractor, any subcontractor or any directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by Contractor. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and Owner has issued a notice to Contractor that Work is acceptable. 4.3.4 Contractor shall designate a responsible member of its organization at the site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 4.3.5 Contractor agrees to indemnify the Owner and their agents and employees against all claims, demands, losses, damages and expenses (including attorneys' fees) arising out of or resulting from the Contractor's violation of any safety law, regulation or code (including without limitation OSHA) or any other prudent precaution. 4.4 CROSSING UTILITIES, ETC. Where the prosecution of the Work results in the crossing of highways, railroads, streets or utilities under the jurisdiction of state, county, city or other public or private entities, the Contractor shall secure written permission from the proper authority to cross said highway, railroad, street or utility before further prosecuting the Work. A copy of the written document granting permission shall be filed with the Owner and Owner before any Work is done. The Contractor shall be required to obtain a written release from the applicable authority upon completion of the Work. A copy of this written release shall be filed with the Owner and Owner before final acceptance of the Work is granted. 4.5 PRESERVATION OF HISTORICAL OBJECTS 4.5.1 Where historical objects of potential archeological or paleontological nature are discovered within the areas on which the Contractor's operations are in progress, the Contractor shall restrict or suspend its operations in the immediate area of the discovery as may be necessary to preserve the discovered objects until the Owner has made arrangements for their disposition or has recorded the desired data relative thereto. 4.5.2 The Contractor shall immediately notify the Owner of any historical objects it may discover or become aware of as the Work is being prosecuted, and shall aid in the preservation and salvage program decided upon, as may be requested or ordered by the Owner. No Work which the Contractor considers to be Extra Work shall be performed without the written authorization of the Owner. 4.5.3 The Owner shall have the right to restrict or suspend the Contractor's operations in the immediate area where historical objects are discovered for a period not to exceed 72 hours, without claim being made by the Contractor for any damages it might suffer as a result thereof. Any restrictions imposed shall not remain in effect for a period exceeding 72 hours unless mutually agreed to in writing. SECTION 5 MEASUREMENT AND PAYMENT 5.1 REQUEST FOR PAYMENT The Contractor may submit periodically, but not more than one each month, documentation summarizing work completed to date in the performance of the Contract including measured quantities and associated unit prices in a tabulated format a ("Request for Payment" for Work done and materials delivered and stored on the site. Payment for materials stored on the site will be conditioned on the following: A. The Contractor shall submit evidence to establish the Owner's title to such materials. B. Acceptable provisions have been made for storage. GC -7 City of Eagan C. The Contractor shall provide and maintain insurance against all loss, theft, vandalism, damage and similar peril for the full value of the stored material. The insurance on the stored material shall name the Owner as insured. 5.2 OWNER'S ACTION ON A REQUEST FOR PAYMENT Within twenty (20) days of submission of any Request for Payment, the Owner shall: A. Review and approve the Request for Payment as submitted. The Owner may retain a percentage of payment in the amount up to five (5) percent (hereinafter "Retainage") until final payment on the Contract. B. Approve such other amount as the Owner shall consider is due the Contractor, informing the Contractor in writing of the Owner's reasons for approving the modified amount. C. Withhold the Request for Payment, informing the Contractor in writing of the Owner's reasons for withholding it. Within thirty (30) days from the date of owner approval of a Request for Payment, the Owner shall: A. Pay the Request for Payment as approved by the Owner. B. Pay such other amount in accordance with Section 5.4 as the Owner shall decide is due the Contractor, informing the Contractor in writing of his reasons for paying the modified amount. C. Withholding payment in accordance with Section 5.4 informing the Contractor in writing of the Owner's reasons for withholding payment. 5.4 CONTRACTOR'S OBLIGATIONS TO SUBCONTRACTORS The Contractor shall pay any subcontractor within ten days of the Contractor's receipt of payment from the Owner for undisputed services provided by the subcontractor. The Contractor shall pay interest of one and one-half (1-1/2%) percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time pursuant to this provision to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of one hundred ($100.00) dollars or more shall be ten ($10.00) dollars. For an unpaid balance of less than one hundred ($100.00) dollars, the Contractor shall pay the actual penalty due under this provision to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 5.5 OWNER'S RIGHT TO WITHHOLD PAYMENT 5.4.1 The Owner may withhold payment in whole or in part to the extent necessary to protect the Owner from loss on account of any of the following causes. A. Violation of any of the terms of the Contract Documents B. Defective work not remedied, or completed work which has been damaged. C. Reasonable evidence indicating potential filing of claims by other parties against the Contract or Owner. D. Failure of the Contractor to make payments to subcontractors, materialmen or suppliers. E. Damage to the Owner or any other person. F. Contractor's unsatisfactory prosecution of the work. 5.5.2 When any of the above grounds for which payment is being withheld is removed, payment shall be made for the amount withheld. 5.6 CONTRACTOR'S WARRANTY OF TITLE Contractor warrants and guarantees that title to all Work, materials and equipment covered by any Request for Payment, whether incorporated in the Project or not, will pass to Owner at the time of payment free and clear of all liens, claims, security interests and encumbrances (hereafter in these General Conditions referred to as "Liens"). 5.7 SUBSTANTIAL COMPLETION When Contractor considers the entire Work ready for its intended use Contractor shall, in writing to Owner, certify that the entire Work is substantially complete and request that Owner issue a certificate of Substantial Completion (as defined in the Contract). Within a reasonable time thereafter, Contractor and Owner shall make an inspection of the Work to determine the status of completion. If Owner does not consider the Work substantially complete, Owner will notify Contractor in writing giving his reasons therefore. If Owner considers the Work substantially complete, Owner will prepare and deliver a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. GC -8 City of Eagan If, after considering such objections, Owner concludes that the Work is not substantially complete, Owner will within fourteen days after submission of the tentative certificate notify Contractor in writing, stating his reasons therefore. At the time of delivery of the tentative certificate of Substantial Completion Owner will deliver to Contractor a written recommendation as to division of responsibilities pending final payment. Unless Owner and Contractor agree otherwise in writing and so inform Owner prior to issuing the definitive certificate of Substantial Completion, Owner's aforesaid recommendation will be binding on Owner and Contractor until final payment. Owner shall have the right to exclude Contractor from the Work after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative list. 5.8 PARTIAL UTILIZATION Use by Owner of completed portions of the work may be accomplished prior to Substantial Completion of all the Work subject to the following: Owner at any time may request Contractor in writing to permit Owner to use any part of the Work which Owner believes to be substantially complete and which may be so used without significant interference with construction of the other parts of their Work. If Contractor agrees, Contractor will certify to Owner that said part of the Work is substantially complete and request Owner to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time thereafter Contractor and Owner shall make an inspection of that part of the Work to determine its status of completion. If Owner does not consider that part of the Work to be substantially complete, Owner will notify Contractor in writing with the reason therefore. If Owner considers that part of the Work to be substantially complete, Owner will execute and deliver to Contractor a certificate to that effect, fixing the date of Substantial Completion as to that part of the Work, attaching thereto a tentative list of items to be completed or corrected before final payment. Prior to issuing a certificate of Substantial Completion as to part of the Work, Owner will deliver to Contractor a written recommendation as to the division of responsibilities pending final payment between Owner and Contractor for that part of the Work which shall become binding upon Owner and Contractor at the time of issuing the definitive certificate of Substantial Completion as to that part of the Work unless Owner and Contractor shall have otherwise agreed in writing. Owner shall have the right to exclude Contractor from any part of the Work which Owner has so certified to be substantially complete, but Owner shall allow Contractor reasonable access to complete or correct items on the tentative list. 5.9 FINAL INSPECTION Upon written notice from Contractor that the Work is complete, Owner will make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to remedy such deficiencies. 5.10 FINAL APPLICATION FOR PAYMENT After Contractor has completed all such corrections to the satisfaction of Owner and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked -up record documents and other documents --all as required by the Contract Documents, and after Owner has indicated that the Work is acceptable (subject to the provisions of Section 5.11), Contractor may make application for final payment following the procedure for progress payments. The final Request for Payment shall be accompanied by all documentation called for in the Contract Documents, including IC 134 documentation and such other data and schedules as Owner may reasonably require, together with complete and legally effective releases or waivers (satisfactory to Owner) of all Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by Owner, Contractor may furnish receipts or releases in full; an affidavit of Contractor that the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or its property might in any way be responsible, have been paid or otherwise satisfied; and consent of the Surety, if any, to final payment. If any subcontractor, manufacturer, fabricator, supplier or distributor fails to furnish a release or receipt in full, Contractor may furnish a Letter of Credit or other collateral satisfactory to Owner to indemnify Owner against any Lien. 5.11 FINAL PAYMENT AND ACCEPTANCE If, on the basis of Owner's observation of the Work during construction and final inspection, and Owner's review of the final Request for Payment and accompanying documentation --all as required by the Contract Documents, Owner is satisfied that the Work has been completed and Contractor has fulfilled all of its obligations under the Contract Documents, Owner will, within ten days after receipt of the final Request for Payment, indicate in writing the recommendation of payment and present the application for payment. Thereupon Owner will give written notice to contractor that the Work is acceptable subject to the provision of section 5.11. Otherwise, Owner will return the Request for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case GC -9 City of Eagan Contractor shall make the necessary corrections and resubmit the Application. If the Request for Payment and accompanying documentation are appropriate as to form and substance, Owner shall, within thirty days after receipt thereof pay Contractor the amount recommended. If, through no fault of Contractor, final completion of the Work is significantly delayed thereof and if Owner so confirms, Owner shall, upon receipt of Contractor's final Request for Payment and recommendation of Owner, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Contract, and if Bonds have been furnished as required herein, the written consent of the Surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Owner with the Request for Payment for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 5.12 CONTRACTOR'S CONTINUING OBLIGATION Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by Owner, nor the issuance of a certificate of Substantial Completion or any payment by Owner to Contractor under the Contract Documents, nor any use or occupancy of the Work or any part thereof by Owner, nor any act of acceptance by Owner nor any failure to do so, nor the issuance of a notice of acceptability by Owner pursuant to Sections 5.9 or 5.10, nor any correction of defective Work by Owner shall constitute an acceptance of Work not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents. 5.13 WAIVER OF CLAIMS The making and acceptance of final payment shall constitute: 5.13.1 A waiver of all claims by Owner against Contractor, except claims arising from unsettled Liens, from defective work appearing after final inspection pursuant to Section 5.8 or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein; however, it shall not constitute a waiver by Owner of any rights in respect to Contractor's continuing obligations under the Contract Documents; 5.13.2 A waiver of all claims by Contractor against Owner other than those previously made in writing and still unsettled. SECTION 6 CHANGES IN THE WORK 6.1 CHANGE ORDERS Without invalidating the Contract, Owner may, at any time or from time to time, order additions, deletions or revisions in the Work; these will be authorized by Change Orders. Upon receipt of a Change Order, Contractor shall proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents. If any Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract time, an equitable adjustment will be made as provided in Section 6 or Section 7 on the basis of a claim made by either party. 6.2 MINOR CHANGES Owner may authorize minor changes in the Work not involving an adjustment in the Contractor's Compensation or the Contract Time, which are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and shall be binding on Owner, and also on Contractor who shall perform the change promptly. If Contractor believes that a Field Order justifies an increase in the Contractor's Compensation or Contract Time, Contractor may make a claim therefor as provided in this Section 6. 6.3 UNAUTHORIZED WORK Additional labor and materials beyond the Work undertaken without authorization of a Change Order will not entitle Contractor to an increase in the Contractor's Compensation or an extension of the Contract Time, except in the case of an emergency. 6.4 OWNER RECOMMENDATIONS Owner shall execute appropriate Change Orders prepared by Owner covering changes in the Work which are required by Owner, or required because of unforeseen physical conditions or emergencies, or because of any other claim of Contractor for a change in the Contract Time or increased compensation which is recommended by Owner. 6.5 NOTICE OF CHANGE TO SURETY GC -10 City of Eagan If notice of any change affecting the general scope of the work or change in the Contract prices is required by the provisions of any Payment or Performance Bond to be given to the surety, it will be Contractor's responsibility to so notify the surety, and the amount of any Payment or Performance Bond shall be adjusted accordingly. Contractor shall furnish proof of such adjustment to Owner. 6.6 CONCEALED CONDITIONS Should concealed conditions encountered in the performance of the Work below the surface of the ground or should concealed or unknown conditions in an existing structure be at variance with the conditions indicated by the Contract Documents or should unknown physical conditions below the surface of the ground or should concealed or unknown conditions in an existing structure of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract, be encountered, the Contractor's Compensation shall be equitably adjusted by Change Order upon claim by either party made within ten (10) days after the first observance of the conditions. 6.7 CLAIMS FOR ADDITIONAL COSTS If the Contractor wishes to make a claim for an increase in the Contractor's Compensation, it shall give the Owner written notice thereof within ten (10) days after the occurrence of the event -giving rise to such claim. This notice shall be given by the Contractor before proceeding to execute the Work, except in an emergency endangering life or property in which case the Contractor shall proceed in accordance with Paragraph 6.8. No such claim shall be valid unless so made. If the Owner and the contractor cannot agree on the amount of the adjustment in the Contractor's Compensation, it shall be referred to the Owner in accordance with Paragraph 1.8. Any change in the Contractor's Compensation resulting from such claim shall be authorized by any Change Orders. If the Contractor claims that additional cost is involved because of, but not limited to, (1) any written interpretation of the Owner, (2) any order by the Owner to stop the Work where the Contractor was not at fault, (3) any written order for a minor change in the Work or (4) failure of payment by the Owner, Contractor shall make such a claim as provided herein. 6.8 WORK DURING AN EMERGENCY 6.8.1 In any emergency affecting the safety of persons or property, the Contractor shall act to prevent threatened damage, injury or loss. In all cases it shall, as soon as practicable, notify the Owner of the emergency and it shall not wait for the instructions before proceeding to protect both life and property. 6.8.2 Any additional compensation or extension of time claimed by the Contractor on account of said emergency work shall be determined under Paragraph 6.7. SECTION 7 CHANGE OF CONTRACTOR'S COMPENSATION 7.1 CONTRACTOR'S COMPENSATION The "Contractor's Compensation" constitutes the total compensation (subject to authorized adjustments) payable to Contractor for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by Contractor shall be at its expense without change in the Contractor's Compensation. 7.2 CHANGE IN CONTRACT PRICE Any claim for an increase in the Contractor's Compensation shall be based on written notice delivered to Owner and Owner within fifteen days of the occurrence of the event -giving rise to the claim. Notice of the amount of the claim with supporting data shall be delivered within forty-five days of such occurrence unless Owner allows an additional period of time to ascertain accurate cost data. All claims for adjustment in the Contractor's Compensation shall be determined by Owner if Owner and Contractor cannot otherwise agree on the amount involved. Any change in the Contractor's Compensation resulting from any such claim shall be incorporated in any Change Orders. 7.3 BASIS OF CHANGE The cost or credit to the Owner resulting from a change in the Work shall be determined and mutually agreed upon in advance of performance of the change in Work in one or more of the following ways: 7.3.1 By mutual acceptance of a lump sum properly itemized. 7.3.2 By unit prices stated in the Contract Documents or subsequently agreed upon (unit prices shall include an allowance for Contractor's main office expense, overhead, profit and bond), or GC -11 City of Eagan 7.3.3 By mutual acceptance of actual cost of the changed Work, plus an allowance for overhead, supervision and profit as subsequently agreed upon. The Owner shall have the right to examine, inspect, copy and audit the books and records of any Contractor or subcontractor making claim for reimbursement for costs and allowances hereunder in order to verify the accuracy, correctness, completeness and propriety of all costs and allowances claimed. 7.4 WORK PERFORMED BY SUBCONTRACTORS The Contractor's fees for Work performed by subcontractors shall be a minimum of 5% up to a maximum of 10% (as determined in the sole discretion of the Owner, for such Work where the Work performed by subcontractors is supervised by the Contractor) as compensation for all other costs and expenses including administrative overhead, profit and supervision. SECTION 8 SUSPENSION OF WORK AND TERMINATION 8.1 OWNER MAY SUSPEND WORK Owner may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to Contractor which shall fix the date on which Work shall be resumed. Contractor shall resume the Work on the date so fixed, Contractor will be allowed an increase in the Contractor's Compensation or an extension of the Contract Time, or both, directly attributable to any suspension if it makes a claim therefore as provided in Section 7. 8.2 OWNER MAY TERMINATE Owner may terminate the Contract upon the occurrence of any one or more of the following events: 8.2.1 If Contractor is adjudged bankrupt or insolvent, 8.2.2 If Contractor makes a general assignment for the benefit of creditors, 8.2.3 If a trustee or receiver is appointed for Contractor or for any of Contractor's property, 8.2.4 If Contractor files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws 8.2.5 If Contractor repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, 8.2.6 If Contractor repeatedly fails to make prompt payments to subcontractors or for labor, materials or equipment, 8.2.7 If Contractor disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, 8.2.8 If Contractor disregards the authority of Owner, or 8.2.9 If Contractor otherwise violates in any substantial way any provision of the Contract Documents, Owner may after giving Contractor and its Surety seven days written notice, terminate the services on Contractor, exclude Contractor from the site and take possession of the Work and of all Contractor's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which Owner has paid Contractor but which are stored elsewhere, and finish the Work as Owner may deem expedient. In such case Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contractor's Compensation exceeds the direct and indirect costs of completing the Work, including compensation for additional professional services, such excess shall be paid to Contractor. If such costs exceed such unpaid balance, Contractor shall pay the difference to Owner. Such costs incurred by Owner shall be verified and incorporated in a Change Order, but in finishing the Work, Owner shall not be required to obtain the lowest figure for the Work performed. 8.3 Where Contractor's services have been so terminated by Owner, the termination shall not affect any rights of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. 8.4 Upon seven days' written notice to Contractor, Owner may, without cause and without prejudice to any other right or remedy, elect to abandon the Work and terminate the Contract. In such case, Contractor shall be paid for all Work executed and any expenses sustained plus reasonable termination expenses. GC -12 City of Eagan 8.5 If, after notice of termination for failure to fulfill contract obligations, it is determined that the Contractor has not defaulted, the termination shall be deemed to have been effected for the convenience of the Owner and the Contractor shall be paid in accordance with paragraph 8.6. 8.6 CONVENIENCE TERMINATION BY THE OWNER The Owner reserves the right to terminate the Work under this Contract in whole, or from time to time in part, and said termination for convenience shall not be construed as a breach of the Contract. If the Contract is terminated for convenience, the Owner shall give the Contractor written notice specifying the extent of the Work under the Contract that is being terminated and the effective date of said termination. Upon receipt of the notice of termination, the Contractor shall stop work on the date and to the extent specified. The Contractor shall place no further orders nor incur any further costs for the terminated parts of the Work. The Contractor shall further terminate all orders and subcontracts relating to the terminated part of the Work. The Owner shall pay the Contractor for the value of the Work terminated and completed to the termination date together with a reasonable profit on the completed Work, but Contractor shall not be entitled to any further damages or costs or lost profits. Disposition of the completed parts of the terminated work, materials, equipment and other tangible property shall be made as agreed upon by the Owner and Contractor. The title to any property and materials retained by the Owner shall accrue to the Owner immediately upon payment by the Owner to the Contractor. 8.7 CONTRACTOR MAY STOP WORK OR TERMINATE If, through no act or fault of Contractor, the Work is suspended for a period of more than ninety days by Owner or under an order of court or other public authority, or Owner fails to act on any Request for Payment within thirty days to pay Contractor any sum finally determined to be due, the Contractor may, upon seven days' written notice to Owner, terminate the Contract and recover fi•om Owner payment for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Contract, if Owner has failed to act on a Request for Payment or Owner has failed to make any payment as aforesaid, the Contractor may upon seven days' notice to Owner stop the Work until payment of all amounts then due. The provisions of this paragraph shall not relieve Contractor of its obligations to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with Owner. SECTION 9 GENERAL 9.1 LIMITATION OF LIABILITY In no event, either as a result of breach of contract, negligence, or otherwise, shall the Owner or their agents or Employees be liable for damages or loss of profits, loss of use, loss of revenue, loss of bonding capacity, or any other special, indirect or consequential damages of any kind. To the extent the Contract Documents allow any liability to be imposed, the total liability of the Owner for any loss, claim or damage arising out of this Contract or the performance or breach thereof, shall be limited to the value of the Work performed. 9.2 REMEDIES The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon Contractor herein and all of the rights and remedies available to Owner thereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by law or contract, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph shall be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the Contract Documents shall survive final payment and termination or completion of this Contract. 9.3 HOURS OF OPERATION: 9.3.1. The Contractor shall operate construction equipment between 7:00 a.m, to 7:00 p.m., Monday through Saturday, unless specifically authorized by the Owner. 9.3.2. The Contractor shall not perform Work (except traffic control maintenance, erosion control inspection/repair or emergency work) on Sundays, or federally designated holiday unless special approval is granted by the Owner. 9.3.3. The Contractor shall notify the Owner in advance of all times of work on the construction site. GC -13 City of Eagan 9.4 CONFLICT BETWEEN CONTRACT DOCUMENTS. In the event there is inconsistency within the Contract Documents, the Contract and any addendum to the Contract shall first control; followed by the Special Provisions; followed by the Technical Specifications; followed by the Drawings; followed by the General Conditions. 9.5 PREVAILING STATE WAGE If any State grants are involved with the project, the contractor must pay employees and subcontractors the prevailing state wage. GC -14 City of Eagan PROPOSAL CROSS -CONNECTION CONTROL SERVICES CITY OF GA Department of Public Works 3419 Coachman Point Eagan, MN 55122 February 10, 2017 Cross -Connection Control Services RFP KEEPING DRII KI KIG WATER SAIL FOR INDUSTRIES AND MUNICIPALITIES For over 30 years, HydroCorp" has been dedicated to safe drinking water for companies and communities across North America. Fortune 500 firms, metropolitan centers, utilities, small towns and businesses — all rely on HydroCorp to protect their water systems, averting backflow contamination and the acute health risks and financial liabilities it incurs. i HYDR61CORP THE SAFE WATER AUTHORITY - Cross -Connection Control / Backflow Prevention Water Meter Change Out & Installation Services Legionella Prevention & Control Water System Surveys / Flow Diagrams Pipe System Mapping & Labeling Regulatory Compliance Assistance Documentation MINNESOTA OFFICE 8530 Eagle Point Blvd, "Suite 100 Lake Elmo, MN 55402 800.690.6651 TOLL FREE 612.638.6802 PHONE PROJECT MANAGER: Gary McLaren 262.951.0059 CELL gmclaren@hydrocorpinc.com EMAIL Table of Contents 1. STATEMENT OF QUALIFICATIONS......................................................................................2 1.1. Company Overview.................................................................................................................................2 1.3. Financial Obligations...............................................................................................................................3 1.4. Public Education Experience................................................................................................................3 1.5. Program Service Approach...................................................................................................................5 1.6. References.................................................................................................................................................6 1.7. Comparable Clients.................................................................................................................................7 1.8. Reference Letter from MN Dept. of Health.....................................................................................8 2. PERSONNEL QUALIFICATIONS...........................................................................................9 3. PROJECT WORK PLAN.....................................................................................................13 3.1. Introduction............................................................................................................................................13 3.2. Examples of common Cross -Connection Hazards: ..................................................................... 13 3.3. Purpose of a Cross -Connection Control Program: ...................................................................... 14 3.4. Meeting the Cross -Connection Control Program Objectives: ................................................. 14 4. PHASE 1: REVIEW/DEVELOP WRITTEN CROSS-CONNCECTION CONTROL PLAN ................15 S. PHASE 2: CROSS -CONNECTION INSPECTION PROCESS......................................................18 5.1. Inspections/Surveys: ............................................................................................................................ 18 5.2. Definitions: ............................................................................................................................................. 18 5.3. Notification Process — Inspections & Backflow Prevention Assembly Testing...................19 5.4. Cross -Connection Inspection — Best Management Practices..................................................20 6. PHASE 3 - WATER CUSTOMER CARE AND ADMINISTRATION PROCESS .............................21 6.1. Program Data: ........................................................................................................................................ 21 6.2. Database Software: .............................................................................................................................. 21 6.3. Information Technology: .................................................................................................................... 21 6.4. Program Data Backup & Storage: .................................................................................................... 21 6.5. Client Reporting / Dashboard...........................................................................................................22 7. PRICE..............................................................................................................................24 8. CITY EXPECTATIONS AND SCOPE OF SERVICES.................................................................25 9. ADDITIONAL VALUE ADDED SERVICES.............................................................................27 CROSS CONNECT ION CONTROL SERVICES PROPOSAL City of Eagan, MN I February 10, 2017 Page 1 W 1. STATEMENT OF QUALIFICATIONS 1.1. Company Overview • Founded in 1983 and incorporated in 1988. • HydroCorp provides Cross -Connection Control Program Management Services to over 250 communities in several states including: Michigan, Wisconsin, Minnesota, Delaware, Maryland, Virginia and Florida. We still have our first customer! • HydroCorp Conducts over 30,000 on site, Cross -Connection Control Inspections annually. • The firm has grown from two employees to a staff of over 50 full time associates in multiple states. Average tenure with the company is 7 years and employee turnover is less than 10%. • Our highly trained staff works in an efficient manner in order to achieve maximum productivity and keep program costs affordable. We have a detailed system and process that each of our field inspectors follow in order to meet productivity and quality assurance goals. • HydroCorp is committed to providing outstanding customer service to the water users in each of the communities we serve. We teach and train customer service skills in addition to the technical skills since our team members act as representatives of the community that we service. • We invest heavily in internal and external training with our team members to ensure that each Field Service and Administrative team member has the skills and abilities to meet the needs of our clients. • Our administrative staff/call center can answer most technical calls related to the cross - connection control program and have attended basic cross -connection control training classes. • HydroCorp staff and company are active members in many water industry associations including: o American Water Works Association (AWWA) o National Rural Water Association (NRWA) o American Public Works Association (APWA) • HydroCorp is not a Plumbing Company and does not utilize existing staff to perform backflow prevention assembly testing, repair or plumbing related services. • HydroCorp has an excellent safety & environmental record. • HydroCorp does not have any pending claims or prior determinations within the last ten (10) years as it relates to anti-trust, fraud, price fixing or environmental health and safety types of laws, regulations or ordinances. CROSS -CONNECTION CONTROL SERVICES PROPOSAL City of Eagan, MN I February 10, 2017 Page 2 1.2. Proposer/Contact Information Address: Legal Status: Tax I D: Contact• Telephone: Fax• Email: ro Designs. Inc. — DBA HvdroCoro — Corporate Office 5700 Crooks Road, Suite 100, Troy, MI 48098 S -Corporation —1988, State of Michigan Tax I.D. 38-2810008 Gary McLaren,— Municipal Division 800.315.4305 or 262.951.0059 262-784-6106 gmclaren@hydrocorpinc.com L•` Gary McLaren will serve as the project point of contact for HydroCorp and the City of Eagan during this RFP process. 1.3. Financial Obligations HydroCorp has been in business for over 30 years and has grown at a steady period over that timeframe. Our firm has consistently shown profitable operating results and cash flows. Strong Balance Sheet is highlighted by positive Retained Earnings and low Debt to Equity Ratio. 1.4. Public Education Experience With over 250 municipal clients, HydroCorp has extensive experience in working with local government entities on Cross -Connection Control Programs. We realize, no two communities are exactly the same. Therefore, we allow our clients the ability to customize an approach specific to the needs and priorities of their community. We work closely with the state regulatory agencies (Minnesota Department of Health, Department of Labor and Industry and Local Plumbing Officials) as it relates to Cross -Connection Control rules, code interpretation and public health/safety. HydroCorp recognizes that many different stakeholders will be affected by a Cross -Connection Control Program. The following chart illustrates the various agencies, internal staff and external people that have an impact on overall program success and compliance. CROSS CONNECTION CONTROL SERVICES PROPOSAL City of Eagan, MN I February 10, 2017 Page 3 PLAN PURPOSE of Program ORDI �ANCE Legal Authority I RESPONSIBILITY Coordination with _Local Authorities Plumbing / Building / Fire / Health ) COMMUNICATIONS Public Education Notices TRAINING/CERTIFICATION Requirements for Survey: and Backflow Prevention Assembly Testing: Personnel I HYDRANTS Usnge and/orr Fill Station Policies ( ALTERATIONS Review New Construction and Changes in Occupancy I 'BACKFLOW INCIDENT 'Response Procedures I ENFORCEMENT Compliance Actions Fees/Charges I PROGRAM BUDGET Funding Sources I PROGRAM MANAGEMENT In House /Outsource / Hybrid ) HAZARD PRIORITIZATION Definitions and Protection Type COMPLIANCE= P+S+T; D Typical Program Components SURVEY TEST INSPECTIONS I`... METHODS ' and Site Surveys _ \_ Backflow Prevention fsolailon/Containment f� - - Devices Adhering to Stale I and.LI Codes } HAZARD LEVELS Determine for All Sites QUALITY ASSURANCE iHeaith/Non•Heaith) I Tester Credentials Verification i INVENTORY/VERIFY- Il - MANAGEMENT rj Proper OPA/Devlce/Mothod ,'1 :BPA Testing/installation - .and Installation. _ REINSPECTION_ S Frequency DOCUMENT DATABASE MANAGEMENT SOFTWAREPLATFORM RECOR I EEPING I DOCUMENTATION ' I CONSUMER NOTICES I TELEPHONE INQUIRIES COMPLIANCE REPORTING' CROSS CONNECI ION CONTROL SERVICES PROPOSAL City of Eagan, MN I February 10, 2017 Page 4 r6l Public Education is a key component of a successful Cross -Connection Control Program. Some of the ways HydroCorp has assisted communities in their public education efforts include, but are not limited to: o Providing a specific website with basic cross -connection control information and FAQ's , example: http://www.hydrocorpinc.com/resources/fag/ • Newspaper/press releases regarding cross -connection control and preparing/developing information that could be dispersed through social media o Direct mailing of informational brochures o Speaking at town hall and council meetings/working groups, and speaking at home owners association meetings o Creation of Public Education Videos 1.5. Program Service Approach When looking at Cross Connection Control compliance and non-compliance, there are two areas that should be addressed: (1) Is the local Cross -Connection Control (CCC) Program compliant with MDH Recommendations (2) are the water customers compliant with the local program. Once HydroCorp begins the inspections/surveys of water customers facilities for the CCC Program there will be facilities that do not comply with either local or State rules regarding Cross - Connection Control. HydroCorp takes a consultative approach when dealing with non-compliant facilities. Our inspectors will attempt to explain in detail, while on-site, the specific requirements the facility owner will need to complete in order to achieve compliance. Further, our inspector will explain what could potentially happen to their internal drinking water if they fail to make the corrective actions. This initial inspection will be followed up with a letter of non-compliance mailed directly to the water customer from HydroCorp on behalf of the City. The initial letter will CROSS CONNEC110N CONTROL SERVICES PROPOSAL City of Eagan, MN I February 10, 2017 Page 5 RegulatoryWr'R6Vg 0 Compliance - rL �i ae/ SHO WatQuaiiry PROGRAM Plumibtng r cRossC"" 0" 4r r� Assurance BENEFITS Hazards &?R�vicerneN-4 Consumer r)+ Confidence COULD YOU 65 OOWAMI NK N�'" ti yOUR DR CwpW Public Education is a key component of a successful Cross -Connection Control Program. Some of the ways HydroCorp has assisted communities in their public education efforts include, but are not limited to: o Providing a specific website with basic cross -connection control information and FAQ's , example: http://www.hydrocorpinc.com/resources/fag/ • Newspaper/press releases regarding cross -connection control and preparing/developing information that could be dispersed through social media o Direct mailing of informational brochures o Speaking at town hall and council meetings/working groups, and speaking at home owners association meetings o Creation of Public Education Videos 1.5. Program Service Approach When looking at Cross Connection Control compliance and non-compliance, there are two areas that should be addressed: (1) Is the local Cross -Connection Control (CCC) Program compliant with MDH Recommendations (2) are the water customers compliant with the local program. Once HydroCorp begins the inspections/surveys of water customers facilities for the CCC Program there will be facilities that do not comply with either local or State rules regarding Cross - Connection Control. HydroCorp takes a consultative approach when dealing with non-compliant facilities. Our inspectors will attempt to explain in detail, while on-site, the specific requirements the facility owner will need to complete in order to achieve compliance. Further, our inspector will explain what could potentially happen to their internal drinking water if they fail to make the corrective actions. This initial inspection will be followed up with a letter of non-compliance mailed directly to the water customer from HydroCorp on behalf of the City. The initial letter will CROSS CONNEC110N CONTROL SERVICES PROPOSAL City of Eagan, MN I February 10, 2017 Page 5 Rl provide a 30 day time frame for the facility to come into compliance and contact HydroCorp for a compliance inspection/review unless other arrangements have been agreed upon by the City. After 30 days have passed with no contact from the water customer a second non-compliance notice will be mailed to the water customer. The second notice would allow an additional 30 days for the facility to complete corrective actions and contact HydroCorp for a compliance review. The second notice would also advise water customer of potential monthly surcharge fees for non- compliance and potential discontinuance of water if compliance is not confirmed by a specific date. Each notice will reference to the City of Eagan Cross Connection Control Ordinance. If HydroCorp were to find a situation where the cross -connection and backflow hazard presents an immediate risk to public health our inspector will notify the water customer and immediately notify the City so that action can be taken to avert the health risk. Example: Consultative Approach to achieve program compliance ABC Middle School A complete remodel of the school had recently been completed. Prior to the school year starting the City received a call that the Sloan flush valves on the water closets and urinals would not operate (would not flush). There is very low supply pressure from the City in this section of town. The City contacted HydroCorp to determine if a reduced pressure backflow preventer (RPBP) installed at the water meter was needed. The school was losing approximately 15 pounds of water pressure at this point. HydroCorp completed a complete survey of the school and determined that all points of water use were properly protected and upon HydroCorp recommendation the RPBP was removed. Thus, solving the low water pressure problem within the building and allowing all plumbing fixtures to operate as designed. 1.6. References a. City of La Crosse —400 La Crosse St, La Crosse, WI 54601 (HydroCorp Client) Mark Johnson, Water Utility Manager, Iohnsonm@cityoflacrosse.org 608- 789-7536 b. City of Livonia, 12973 Farmington Road, Livonia, MI 48150 (HydroCorp Client) Don Rohraff, Superintendent, drohraff@ci.livonia.mi.us 734-466-2607 c. City of Hudson 505 3rd St. Hudson, WI (HydroCorp Client) Kip Peters, Water Superintendent, I<peters@ci.hudson.wi.us 715.386.4760 d. Sturgeon Bay Utilities 230 E. Vine St, Sturgeon Bay, WI 53235-007 (HydroCorp Client) Cliff White Water Utility Manager, cwhite@wppienergy.org 920.746.820 e. City of Southfield, 26000 Evergreen Road, Southfield, MI 48076 (HydroCorp Client) Larry Sirls, Water Superintendent, Isirls@citvofsouthfield.com 248-752-3739 CROSS CONNECTION CONTROL SERVICES PROPOSAL City of Eagan, MN I February 10, 2017 Page 6 D 1.7. Comparable Clients HydroCorp Meets the RFP requirement of at least 5 current Cross -Connection Control Program Clients with 5 years of continued services provided to the following communities: Virginia Beach, VA Population 453,000 Contact: Belinda Wilson, P.E. 757.385.4894 Livonia, MI Population 97,000 Contact: Don Rohraff 734.466.2607 Racine, WI Population 78,000 Contact: Amy Lesnjak 262.636.9186 Southfield, MI Population 72,000 Contact: Steve Moore 248.821.1205 Oshkosh, WI Population 66,000 Contact: Steve Brand 920.232.5330 CROSS CONN ECI[ON CON1 I3OL SERVICES PROPOSAL City of Eagan, MN I February 10, 2017 Page 7 1.8. Reference Letter from MN Dept. of Health Additional reference letters available upon request Minnesota i Department of Health Craig Gilbertson R.S. Planner Minnesota Department of Health Drinking Water Protection Non -Community Unit Address City, MN, Zip May 2, 2016 Gary McLaren Cross Connection / Backflow Prevention Consultant HydroCorp 2665 S. Moreland Rd Suite 209 New Berlin, WI 53110 Gary, With increasing challenges facing facilities and public water system operators to deliver safe drinking water, the sessions provided by HydroCorp on cross connection control and backflow hazards were valued and informative. Thanks for participating again in 2016 on April V in Stillwater, MN. Sincerely, Craig Gilbertson R.S. Planner Minnesota Department of Health Drinking Water Protection Non -Community Unit CROSS CONNECT ION CONTROL SERVICES PROPOSAL City of Eagan, MN I February 10, 2017 51 Page 8 L 2. PERSONNEL QUALIFICATIONS Corporate Officers Larry J. La Bute, Founder & CEO - is the Chairman of the Board of Directors. He founded the company in 1983 to improve the safety of drinking water systems. He graduated from Oakland University with a B.S. in Management and received his Master's degree from S.S. Cyril & Methodius Seminary. Prior to founding HydroCorp, Mr. LaBute successfully founded and ran a water treatment equipment manufacturing company for 12 years. Mark L. Martin, CPA & Chief Financial Officer. Mr. Martin joined HydroCorp in early 2007 and is a seasoned business executive experienced in working with growing small and mid-size companies across a broad range of industries. Mark received a B.S. in Accounting from Michigan State University in 1980 and is also a 10 year board member of Haiti Outreach Mission. • John R. Hudak, President. Mr. Hudak joined HydroCorp in January of 2000. He holds a B.A. in Business from Michigan State University. Memberships/Certifications: • ASSE 5150 Certification — Backflow Prevention Program Manager, • Member of various State Rural Water and AWWA Organizations and Chapters • International Association of Plumbing & Mechanical Officials (IAPMO) • International Code Council (ICC) • Senior Professional in Human Resources (SPHR) Society for Human Resource Management (SHRM) Gary McLaren I New Program Development/Training Coordinator -Midwest Region Gary is responsible for Cross -Connection classes and new Cross -Connection Control Program development in the Midwest Region. Since 2004 at HydroCorp, he was responsible for identification of hazards and deficiencies and determining proper recommendations for over 80 municipal client cross - connection control programs in Wisconsin. He also generated inspection reports and protection recommendations for over 3,000 individual facility surveys of cross -connections. In the past 9 years, Gary has been focused on coordinating and instructing various Cross Connection Control classes across the Midwest in addition to developing new Cross Connection Control Programs for Municipal Water Systems around the region. • ASSE #5150 Certified Backflow Prevention Program Administrator • ASSE #5120 Certified Cross Connection Control Surveyor • Conducted Cross -Connection Surveys —45 North American Large Industrial Facilities 1999-2000 • Cross -Connection Control Program Manager—WI Region; 25 Water Utility clients 2005-2007 • Multiple published articles in Regional Public Water System periodicals MNAWWA Breeze, MDH Waterline, WIAWWA Newsletter, WRWA Newsletter • Annual participant & past presenter at annual MNAWWA Conferences & MRWA Conferences 20012-2017 CROSS CONNECT [ON CONTROL SERVICES PROPOSAL City of Eagan, MN I February 10, 2017 Page 9 W • Lead Instructor with Wisconsin Rural Water Association Cross Connection Control Class Series — Statewide, 2009 -2017 (12 full day courses annually) • Lead Instructor with Minnesota Rural Water Association Cross Connection Control Class Series — 2010 and 2013 • Vice Chairperson — Wisconsin Water Association Education Committee 2011-2012 DAVE CARDINAL I Regional Manager, Municipal Division Dave has over twenty years' experience as a water professional and has a successful record of accomplishments in the cross -connection control industry. Experienced in program development, project management, developing and conducting employee education and training programs, developing and instructing State certified education and training classes, quality assurance, customer service, and client satisfaction. Dave is responsible for establishing business practices, field operation procedures, and administrative functions related to cross connection control program management. He has assisted with developing State certified training programs in Michigan and Wisconsin and has trained members of the Michigan Department of Environmental Quality, Michigan Department of Health, Wisconsin Department of Natural Resources, municipal employees, plumbers and miscellaneous contractor employees. He has been a guest speaker at many conferences and training seminars. Experience, Training, Certifications: • American Backflow Prevention Association (ABPA), MI Chapter, Vice President • American Society of Sanitary Engineering (ASSE) Series 5000 Proctor • American Society of Sanitary Engineering (ASSE) Standard #5110 Certified Backflow Prevention Assembly Tester —Certification #26905 • American Society of Sanitary Engineering (ASSE) Standard #5120 Certified Cross -Connection Control Surveyor — Certification #26905 • Michigan Certified Backflow Prevention Assembly Tester Certification — 2010, Certification #M P M CA -26905 • Dale Carnegie - Management Training for Managers 2005 • University of Florida —TREED Center o Cross Connection Control: Survey and Inspection 2003 o Cross Connection Control: Ordinance and Organization 2003 o Cross Connection Control Program Manager 2003 • University of Southern California Foundation for Cross -Connection Control and Hydraulic Research — Backflow Prevention Assembly Tester, 1997 CROSS CONNECT ION CON1ROL SERVICES PROPOSAL City of Eagan, MN I February 10, 2017 Page 10 DJ Schneider I Operations Manager, Midwest Region - Municipal Division DJ has been with the HydroCorp team since 2009 and inspecting plumbing systems for over 12 years. As a Cross -Connection Surveyor, DJ has completed cross -connection inspections at over 20,000 individual commercial and industrial facilities. He currently oversees operational and administrative services for cross -connection control programs in the HydroCorp Midwest Region. • ASSE #5120 Certified Cross Connection Control Surveyor • UDC -Plumbing Inspector • Cross Connection Control Tester • UDC -HVAC Inspector • UDC -Construction Inspector • UDC -Electrical Inspector RYAN HENSLEY I Administration Account Manager, Municipal Division As an Administrative Account Manager Ryan Hensley is responsible for providing administrative support to field surveyors, regional managers and division directors with all components associated with managing a comprehensive cross connection control program, in addition to providing highest level of customer service to our municipal clients. Ryan has been a member of the HydroCorp team for over 10 years & is an ASSE 5150 certified Backflow Prevention Program Administrator # 18181 He is an advanced user of XC2 data management program & responsible for providing day today tech support to the entire staff and external clients. Ryan also assists in the planning, testing & training of HydroSoft; a new web based data management program currently in development by HydroCorp. Field Inspectors/Surveyors: HydroCorp invests continuously in educational training and development of its team members. All of the HydroCorp Field Inspectors assigned to this project are certified in Cross -Connection Control Surveying and Backflow Prevention Program Management through one the following programs: a I� 1_4 . r��''�o RslAlct'Tt'��r, lYk. CENTER http://asse-plumbing.org/bpatcertlist.asp tHt lIN1Y114$iyy WISCONSIN AA0.30M • Jerry Rugg - ASSE 5120 Surveyor Certification #27375 (10 years with HydroCorp) • Rick Kinney - ASSE 5120 Surveyor Certification #30587 (6 years with HydroCorp) • Scott Mitchell - ASSE 5120 Surveyor Certification #30569 (5 years with HydroCorp) CROSS CON NEC] ION CONTROL SERVICES PROPOSAL City of Eagan, MN I February 10, 2017 Page 11 0 Program Administration and Water Customer Care Team Karen Hanson Program Administration Manager 800.690.6651 ext. 5008 Tracy Matas Program Administrator 800.690.6651 ext. 5019 Kathy Smagghe Program Administrator 800.690.6651 ext. 5033 Nancy Essers Water Customer Appointments 800.315.4305 Sandy Redlin Program Administrator 800.690.6651 ext. 5034 Staff members with current Water Operator License: • Rick Kinney # 00845 - DISTRIBUTION L1- GROUNDWATER L1 • Scott Mitchell # 21756 - DISTRIBUTION L1 -GROUNDWATER L1 - VOC REMOVAL L1 Organizational Chart H`I Y D R C) C=_ C> #=z # p tarry). La Buie Mark L.MertIn CPA CEO/Princysaf tW�Pruidpat - -I - - iohn Mudak `jam' = PTesidenE� �"`• 'Gary Materen _. ''''• Mid -West Reglon �~ `'� t•+ Sales/Traln(ng Steve fox Paul Pa[teraar' Ji Atiarttk Region, Glenn Adam us Dave Cardinal Sans ahrkr VicePresiden[ Vice Pre Vice President [ : Bustness Industrial Division Municipal Division P - TerryMurph Development Angels SVlkowski ,Etlwerd AuferoE6: 11 Semites Reg cud Sales IndustrlaCDrvkbn _... ... '.. Chris Mattln Kellh BarowKi ', Accountant 1/TSuppott ', ' •,.__..... _ Services .. D.i.Schneider i Director -Operations i Mid•Wett Region +++'+ Karen Hanson Jerry Ayers John Crdbla +` Manager .Regional Manager Regional Manager .Administration INDUSTRML TFAtb, .. MICHIGAN MUNI TEAM MID•WE$7 MUNI TEAM } TMETERINSTAtt ADMINISTRATION SERVICES i FLORIOA/MI0.ATLANTIC OgnKtkVHidiR2lti �kkf Se__r Ga Sendes-Field Services TEAM TEAM TEAM -.� Gary Al Roller- StMces j ferjhRb[es FkM SetYkes Steve Oleskiewkz--Field Services Jerry Rugg -Field Services Tyler Tang -Mgr Ryan Hensley -MI Amy La Bu[e •Operations i {ojgtM.oe Fieid5etGkes BRIAfttama-FieldServkes DanDerozier-Field Services ChrtsErickson BetnanyPatcerson-MI ScottPrke-FleldServkes Dan Webunan FJeld SerYs;iCAD; Anthony Patterson - Field Services Seth Derozier - Field Services Matt HetfiCk _ Tracy Matas -MI I 1dm Peterson- Field Servi iirlrtiieF Fieldatdtes Jerome Hoffman -Field Services David Dye -Freed Services - Medan Schneider -W1 pav7s 'Mssab CArS:r < N Tristan Rockafellow-Field Service kesfig-Field Services` Nancy Essers-Vyl yan G - Nidi Kinney -Regional Manger Sandy Redhn-WI - - --. Wade Kubbsa-Field Services KethySmagghe-WI -. Stott Mitchell -Regional Manager: Jodi Hensley -Phone John Boucher- Field Services Sue Hanky • Phone 1 / 3 f 21117 Graig Wdt-flaks 5ervkez Tony Averbeck-CGentServkts `-- f CROSS CONNECT ION CONTROL SERVICES PROPOSAL City of Eagan, MN I February 10, 2017 Page 12 PC 3. PROJECT WORK PLAN 3.1. Introduction A cross -connection is defined as a connection or arrangement of piping or appurtenances through which a backflow could occur. Backflow is defined as the undesirable reversal of flow of water of questionable quality, wastes or other contaminants into a public water supply. 3.2. Examples of common Cross -Connection Hazards: • Garden Hose connections lacking backflow prevention devices • Water Softener discharge lines directly connected to drain piping • Boilers with missing or inappropriate backflow preventers • Backflow Prevention Assemblies improperly installed or missing test documentation • Toilets with faulty or unapproved anti -siphon valves • Lawn Irrigation systems with missing or inappropriate backflow preventers • Restaurant equipment with missing or inappropriate backflow preventers • Dental office equipment with missing or inappropriate backflow preventers • Fire Sprinkler systems with missing or inappropriate backflow preventers • Chemical mixing systems in janitorial closets with missing or inappropriate backflow preventers • Unprotected water supply bypasses • Improper type of backflow prevention assembly for the degree of hazard CROSS CONNECTION CONTROL SERVICES PROPOSAL City of Eagan, MN I February 10, 2017 Page 13 W 3.3. Purpose of a Cross -Connection Control Program: • Protect the water supply/public health and safety from backflow • Comply with state and local regulations • Minimize risk and liability • Eliminate hazardous cross -connections to the drinking water supply A comprehensive Cross -Connection Control Ordinance and Plan is the foundation for a successful and defensible program. HydroCorp will work closely with the CITY OF EAGAN to develop and implement a program to meet the specific timeline guidelines established by the CITY OF EAGAN and the Request for Proposal Scope of Work. Further, HydroCorp will conduct the necessary detailed research of current State of Minnesota Administrative Code related to Cross -Connection Control and Backflow Prevention associated with public water system requirements. 3.4. Meeting the Cross -Connection Control Program Objectives: The objectives of this project will be met primarily by: • Providing cross -connection control consultation and recommendations to the CITY OF EAGAN • Developing and/or updating as needed a comprehensive, written Cross -Connection Control Plan/Policy Manual • Routinely inspecting facilities for cross -connections or potential cross -connections • Requiring water customers to test backflow prevention assemblies • Maintaining cross -connection control inspection and backflow prevention assembly test records. • Notifying water customers of violations and corrective action instructions • Providing public education • Monitoring compliance/non-compliance program inspection and backflow prevention assembly testing activity and providing timely reports to the City CROSS -CONNECTION CONTROL SERVICES PROPOSAL City of Eagan, MN I February 10, 2017 Page 14 0 4. PHASE 1: REVIEW/DEVELOP WRITTEN CROSS-CONNCECTION CONTROL PLAN Sample Plan Elements TABLE OF CONTENTS 1. INTRODUCTION ........................... .... .................... ..... .............................................................. ............. I ............ I........ 3 2. AUTHORITY.................................................................................................................................................................3 2.1. INSPECTORiDESIGNATEO AGENT..............................................................................................................3 3. PROGRAM APPROACH............................................................................................................................................4 4. INSPECTIONS.............................................................................................................................................................4 4.1. REQUEST FOR INTERNAL CROSS CONNECTION CONTROL INFORMATION................................................5 4.2. SUBMISSION OF INTERNAL CROSS CONNECTION CONTROL INFORMATION..............................................5 4.3. CONTAINMENT...........................................................................................................................................6 5. TESTING BACKFLOW PREVENTION ASSEMBLIES.........................................................................................6 6. RECORD KEEPING....................................................................................................................................................7 7. ENFORCEMENT.........................................................................................................................................................8 8. PUBLIC EDUCATION................................................................................................................................................8 9. ANNUAL REPORT......................................................................................................................................................9 APPENDIX A -LOCAL ORDINANCE..........................................................................................................................10 APPENDIX B - FIELD FORMS.......................................................................................................................................11 APPENDIX C - NOTICE TEMPLATES.........................................................................................................................12 CROSS CONNECTION CONTROL PROGRAM INSPECTION NOTICE......................................................................... 13 CROSS CONNECTION CONTROL PROGRA61 INSPECTION COMPLIANCE NOTICE .................................................. 14 CROSS CONNECTION CONTROL PROGRAM CONTAINMENT COMPLIANCE NOTIFICATION.. ........... _ .................. - 15 REQUEST FOR INTERNAL CROSS CONNECTION CONTROL INFORMATION NOTICE .............................................. 16 INSPECTION NON-COMPLIANCE NOTICE 1............................................................................................................ 17 INSPECTION NON-COMPLIANCE NOTICE 2 ............ ............................. ................ ............._.................................... 18 CROSS CONNECTION CONTROL PROGRAM INSPECTION SHUT-OFF NOTICE ...................................................... 19 ANNUALTEST NOTICE...........................................................................................................................................20 TESTNOTICE#2.................................................................................................................................................... 21 TESTING SHUT-OFF NOTICE.................................................................................................................................22 APPENDIXD - TEST FORM...........................................................................................................................................23 CROSS CONNECfiON CONTROL SERVICES PROPOSAL City of Eagan, MN I February 10, 2017 Page 15 W Cross -Connection Control Plan Components: The following graphics illustrates the elements of a Cross -Connection Control Plan that will be addressed and developed for the City. (Inspection and Backflow Prevention Assembly Testing Process Flowchart) HYDR6. f-!, 9MUM 4V�kt,za . . . . . . . . . . . . . 4 K w - 0 2015 Hyd,*Cop CCC P"' bydrmorpinccom. km 09-2015 CROSS- CONNECTION ION COM ROLSLHVICES PROPOSAL City of Eagan, MN I February 10, 2017 Page 16 W Cross Connection Control Program Completion Process Inspection' schedule sent for Scheduled/Cued Advance Approval Irom Database 3 -Weeks out Inspection I 'Device Testing CROSS -CONNECTION CONTROL SERVICES PROPOSAL City of Eagan, MN I February 10, 2017 Page 17 All requiremi:nfs compteied i i r i ad Ig in mmpifanc� Requirements are forwarded to facility in r Com letron of p 'Device "Device Test Notice #1" is sent to facility Satisfactory Test wdti'Dence tesiirx� " Regurrements no ' the form of `Non- Compliance #1 Notice' Requ'uement is (30 days allowed for Results and/or Test Form Received furthercorrespondr nc( (30 days allowed for tlelinqueni completion) nez device testdate )s Scherlllleil' , ` completion) Device Test Facility provides )< ts�a = Reqwrement is - notification that 'U gTy) delinquent requirements have been completed and a o e.- compliance reinspection M' Is scheduled i E Satisfactory Test Results and/or Test Form Received Compliance i reinspection is completed i Note: Actual steps and timing shown herein may differ from that actually adopted by city ordinance and Is shown for i I IH 1( ED R6 (.. O R F' reference only 02015HydroCoq: ruc :;nre wnrep n:rrunanv CROSS -CONNECTION CONTROL SERVICES PROPOSAL City of Eagan, MN I February 10, 2017 Page 17 0 S. PHASE 2: CROSS -CONNECTION INSPECTION PROCESS 5.1. Inspections/Surveys: The water connections and plumbing systems of facilities connected to the public water distribution system shall be initially inspected for the presence of cross connections. As a result of the initial inspection, a detailed record of each facility shall be established. Inspections shall consist of entering a facility from the point where water service enters the facility (usually the meter) and tracing the piping to each end point of use. Using standardized inspection forms, the inspector shall identify and note the location and nature of any direct and potential cross connections, location and details of backflow prevention devices, methods & assemblies, and other pertinent program information. Hydrocorp Inspectors wear photo identification tags to aid engagement with the onsite facility contact person. If the inspector is refused proper access or if customer plumbing is untraceable, the City will assume a cross -connection is present and take the necessary action to ensure the public water supply is protected. The highest priority for inspections shall be placed on facilities that pose a high degree of hazard, that have a high probability that backflow will occur, or are known/suspected to have cross -connections. Once initial inspections are complete, a re -inspection frequency shall be determined for each account based on the degree of hazard/risk and potential for backflow in accordance with the requirements of the Utility/City Cross -Connection Control Plan. The Plan will include detailed inspection frequency information and be submitted to the CITY OF EAGAN for final approval. 5.2. Definitions: o Initial Inspection — the first time a HydroCorp representative inspects a facility for cross - connections. Degree of Hazard is assigned and/or verified during this facility visit. The Degree of Hazard will dictate future re -inspection frequency/schedule of facility, (facility will be either compliant or non-compliant after this inspection). o Compliance Inspection — subsequent visit by a HydroCorp representative to a facility that was non-compliant during the Initial Inspection to verify that corrective action was completed and meets the program requirements. o Re -Inspection -Revisit by a HydroCorp representative to a facility that was previously inspected. The re -inspection frequency/schedule is based on the degree of hazard assigned to the facility during the initial inspection (Re -Inspection cycle/frequency to be determined when Plan is developed). CROSS CONNECTION CONTROL SERVICES PROPOSAL City of Eagan, MN I February 10, 2017 Page 18 �•J 5.3. Notification Process — Inspections & Backflow Prevention Assembly Testing HYD R6i- fiiti Inspection s Notices 2. ........... Non -Compliance # I Inspection Notice # I Non -Compliance # 2 Reschedule Notice Inspect Requirement Shut Off Notice (Sent By Water Purveyor) CROSS CONNECI [ON CON] ROL SERVICES PROPOSAL City of Eagan, IVIN I February 10, 2017 Page 19 �•J 5.4. Cross -Connection Inspection — Best Management Practices ome questions to consider when evaluating backflow protection:. - is the application a high hazard or low hazard? b. Is the application subiect to freezing? is the device subject to bockshiponage conditions? 7. is the device located near electrical equipment? H Y D R 6 r� I ' - . is the device subiectto backpressure conditions? 'S. is there acceptable room for maintenance & testing? V is the device subject to continow or intermittent pressures? 9. What 01'. the pressure loss be through the device? Are then any control. votves located downstream of the device? _10. Does the application require continous service? Standards Title - Description VX Z, �, Voo 4, 8 Atmospheric Type Vacuum Breakers IAVB) 1001 Yes Yes No No Ant: Siphon F'..it Valves (tlaticocks) for Water Closets '. 1002 �Yes Yes Na Yes Hose Connection Vacuum Breakers 1011 Yes Yes No No Backfiov; Preventer with Intermediate Atmospheric Vent .1012- No Yes Yes Yes Reduced Pressure PNnc,p;e Backfiove Preventer Assemblies (RP) 1013 Yes Yes Yes Yes Doubie Check:Backflovi Prevention Assemblies 1015 '� IVo Yes Yes Yes Trap.SeatPrimerValves— PotableWaterSupplied '. 10111 Yes Yes No Yes Vacuum Breaker Wall Hydrants, Freeze Resistant, Automatic Draining ' 1019 Yes Yes Na No Pressure Vacuum Breaker Assemblies (PVB) ..1020. Yes Yes No Yes Backhovi Preventer for Beverage Dispensing Equipment - 1022 No Yes Yes Yes Dual Check Back(lov,Preventers (DCV) 1024 No Yes Yes res Dual Check Valve BackNoty Preventer for Carbonated Beverage Dispenser - - 1032 ' Na Yes Yes Yes Laboratory Faucet BatkfiovrPreventers 1035 yes ves Yes No No Trap Seal Primer Valves — Drainage Types and Electronic Device Types 1044 Yes Yes No Yes Reduced Pressure Detector Fire Protection Backflow Prevention Assemblies 1047 Yes Yes Yes Yes Double Check Detector Fire Protection Backflow Prevention Assemblies 1048 No Yes Yes Yes Hose Connection Ba:kflow Preventers -1052 -Yes Yes No No Dual Check Backflow Preventer Wail Hydrants —Freeze Resistance Type .1053 Yes Yes No No Spirt Resistance Vacuum Breakers 1055 Yes Yes No Yes Freeze rRerstance Sanitary Yard Hydrants with Backnove Protection 1057 Yes Yes No No iC:rics or szamblieetlslgoat:d ter `nigh hasard"appllc:Dons are also suitabla for'toav [,atard'use. Ho�revarcansider to,r;2emplianca anareattoa_ CROSS CONNECT ]ON CONTROL SERVICES PROPOSAL City of Eagan, MN I February 10, 2017 Buildings that may be classified as "High Hazard" should a backflow condition occur: Animal Care Facility Beauty Salon Car Wash Chemical - Plastic Plant Dental Office Dry Cleaning Facility Fire Station Funeral Home Garden Center Hospital High Rise Buildings Industrial Buildings Manufacturing Facility Marinas Medical Facility Morgue Schools Sewage Treatment Plant Sports Complex Strip Malls -Single Meter Page 20 LTJ 6. PHASE 3 - WATER CUSTOMER CARE AND ADMINISTRATION PROCESS 6.1. Program Data: The most critical element of a Cross -Connection Control Program is data integrity. Without accurate data, the Cross -Connection Control program will experience customer service, administrative, and reporting issues and also result infield survey inefficiencies. HydroCorp will coordinate with the City of EAGAN to obtain accurate account listing/address information. All administrative, reporting and computer database work will be completed out of our Corporate Office in Troy, MI. 6.2. Database Software: HydroCorp utilizes HydroSoft Backflow Prevention Software (www.gethydrosoft.com) to manage Cross -Connection Control Program data. All program data captured shall remain the property of the Utility/City. The Utility/City can access program data, information and reports on-line via a secure website login to HydroSoft. All of our Client Data is secured on our Application Server, which is behind both a Hardware and a Software Firewall. Standard reports include the following: • Inspections scheduled, completed, overdue and compliance status • Custom queries, data exports and reports as needed • Annual Program Progress Report 6.3. Information Technology: HydroCorp has a dedicated department responsible for Information Technology (I/T) infrastructure for internal (staff) needs as well as external (client) communication and reporting needs. We also have a dedicated person responsible for new client start up and database implementation in order to insure we have the most accurate information possible at any given point in time. We have continually invested in both hardware infrastructure (Network Servers, Client Workstations, Firewalls and Tablet P.C's for Field Inspectors) and software in order to leverage technology in the workplace and to improve customer service and assist in lowering our costs to our clients. HydroCorp has a contracted service agreement with a local I/T Company that performs monthly routine system maintenance and monitors our infrastructure/servers for optimum performance and reliability. 6.4. Program Data Backup & Storage: Client Data is secured on our Application Server, which is behind both a Hardware and a Software Firewall. The Application Server is backed up twice a day. 5 copies of the backup are then created and stored at 3 separate locations. 3 of the 5 backup copies are stored locally. One is on the application server itself, one is on our File server, and one is backed up to a Network Attached Storage (NAS) device. Having 3 local backup copies stored on the different machines means that in the unlikely event of a hardware malfunction, we can recover the data very quickly. Additionally we employ a secure on- line backup service that stores 2 copies of our backup at two independent locations. CROSS CONNEC1 ]ON CONTROL SERVICES PROPOSAL City of Eagan, MN I February 10, 2017 Page 21 r6l 6.5. Client Reporting/ Dashboard +�;,, SAMPLE -Main DashboardHydrt)Soft Support: 1 800 690-6651 Hydro$ ' �(= g'& • ♦ �' Cross -Connection Control Software .'t Prr2gram Management System := 11 lhn II,..IaL dro Deahb47ard Hydrosoitperafls . Last Roundorinppeo110na A.Moy Nash S -14e l avhty 07 Wearotd CcoU 50011)(4 ra(0;ly 02 'PertecnMne Aerodrome tf O CANIERBURY IAA S HNIH! n AUTO SUPPLY Bt In I S LIAIWIA A 27 CATIMMURYTAIS SaMD10lac+lt0r 05 KOnny Tape ECGiUw Rod C.N. - N6n•CompllanceN2 4340 RLOVANG PM14I PL 700 M.. Si 220 CELE MIT., WAY 212aln St 2201 CAPTANIS WAY 710 L16111GAN P1 2101001A111OW11 UR 2201 MARWAIS11 WAY 210Id1.111 [GAN PL coo Mail, St 710 SMILASS (ARI. 2221117. INDIA11101'ltl RU 2204CAPTAINSNAIY Podecivillo I MOTIF SthadOtSd 91170f7o1G City Eagan SchadoM�d G1,30iR015 of StAeaulad 011230015 Quick Slats Sowju5U 100014 In PYocbss 001024014 In Noras5 011,M014 In NBC— 00410/'2014 to Place3s DWIV2614 comf4ele OBUCIO14 In P/0cess 031y"1014 50*4111e4 11!111761) In Platass 10,307013 In 0'-- 62000013 GIo0a1 f40docl DevNolxnenl 4374 PAN S7 In F40ceen 0041612014 Chne GrealAasee 272t1a1,1 St in Ploeea 011'07,7014 Final Non -Compliance Testing of Alber61.10RR15 1274 TWA St. 1/017531 Mateo ft'0111014 LCO LUIS.° 2221 IV. 01Du1Nt01VI110! 54721 Passed U5,W2014 rC01Ulk 2221 V7. RIDIANIOWN RD A000200 Passed 05110?014 E430 tulle 2221111.1NDIA11101Vil RU 03458 P46500 01"1107014 61,0E WAIER DOC IORS 2151 CAPIAll 13 WAY 70170 IY.kmm 051)0.7014 Ashley))WA 414004OWNG PONT r4 12345 Pawed 0170'2014 ADt11RAL5COVE 220 EAOLE DR 111222377 40t7asled 011214014 AD1111TAL54LOVE 220 LADLE DR SA71PLE001 tot lesleo 0.31214014 A41EIK AUTO $At E S In .217 Vt 1105 SFRlt f A00S7A0 10110510 02'12.7014 Slif"W.FatARY04 4Win $I PAss0d 0710071114 S..& Firmly (13 1234 LWA St. WIN WIN Pn-" O7?10.7014 Testing 112 5nrnpfe roGruy 02 7Firm S1 SAI4002.2 Faired t. 0917112014 SOM04 raeli1Y 02 2IWri Sl S.AtI1,024 Fall" VVW2014 Albert IAONmS 1224 Thin St TIOi M POSsed 02114'2014 cOMN, FAUflli, 02 7.IWI Ot SM.11102.2 101101 07'1:'701'14 F2lctihjfNema . „SelvjC*- , ran,-,Se7ic111vmltaT •- :;St6ttis SentDele _ Inspetoone Clrmpleced IYIO)L1 I Facilities Inspected (YTD). F CROSS CONNECTION CONTROL SERVICES PROPOSAL City of Eagan, MN I February 10, 2017 Page 22 Compliance and Program Activity Reports Reports Report Natue r Select AccountUsting SB!ac1 ':Aceount!'aamtey Select BackflowSunnnamReport Select `Blanl:InspeclionFo»n select ' Completed Inspection Select DertcesAdded Bylenus Seleel `Devicas By Test iMocdls Select Existing Devices 5�ele ct ' FaccGty hupection Slatu, Setecl _; Hich Hazafd nuB eGl^ Inspections $d1eGl ' Inspecitom Due 5eteci Inspection Forms Selgct.INaticesSent 1 Soloct'progransStatus Scheduled inspection I Sem Secondary WaterSourcee Select Testas Select TrstuteCompaas•1Vvtk L Salem Test Detail - Select ;Test Status Sema Nest Suttnuaty By Facility xtaccuial Bfeaket Select '3 %ttOlatlonf; Quality Control M HytlroSoll Stilt ort: 1 800-690-665t Report Paramelen 0fg3u12an0n Perte[1VII10 Custom Repo its/Exports to .pdf or .csv file also available. John HydroCorp recognizes the responsibility that we have in order to provide accurate information to our clients and regulatory officials/agencies in a consistent format and method. We utilize technology to assist in the process via automation of certain activities. However, HydroCorp staff review of information, reporting and notice generation still occurs at various steps within the process in order to verify accuracy of information. • HydroCorp monitors backflow prevention assembly tester credentials and qualifications in order to ensure that only qualified and state certified contractors are conducting the work. • HydroCorp monitors backflow prevention assembly test results. Test results that do not contain all of the required information are marked as "failed" and a phone call is made to the tester seeking the correct information. • HydroCorp utilizes a two-step approach/review process when sending out program notices to ensure accuracy and improve compliance results and customer service. • HydroCorp continually monitors program database information and reviews this with the City Contact in order to improve compliance results and customer service. • HydroCorp reviews Field Inspector information on a bi-weekly'basis in order to verify accuracy of information and determine program trends. CROSS -CONNECT ION CONTROL SERVICES PROPOSAL City of Eagan, MN I February 10, 2017 Page 23 a - PRICING/PROPOSED FEES Three-year contract total: $ 193,140.00 Annual fee: $ 64,380.00 Monthly payment $ 5,365.00 Average cost per facility: $161.00 SUBMITTED BY HydroCorp —Corporate Office 5700 Crooks Road, Suite 100 Troy, MI 48098 Gary McLaren Direct: 262-951-0059 gmclaren@hydrocorpinc.com CROSS CONNECTION CONTROL SERVICES PROPOSAL City of Eagan, MN I February 10, 2017 Page 24 W 8. CITY EXPECTATIONS AND SCOPE OF SERVICES The following work items are included in the project scope as indicated as expectations in the RFP. A. Provide a customized Cross Connection Control Plan/Policy binder for the City of Eagan (reference material). B. Perform inspections at approximately 1200 individual industrial, commercial, institutional facilities and miscellaneous water users within the City served by the public water supply for cross -connections (this includes City facilities). Compliance follow up visits are included in this scope of work and performed after the water customer has contacted the designated agent or the City with indication of corrected violations. An approximate total of 1,680 to 2,000 site visits including initial and necessary follow up compliance visits are forecasted for this scope of work. C. Inspector will survey exposed piping and utilize Isolation/Point of Use inventory method of surveying. The designated agent will document all existing backflow prevention devices and assemblies and verify proper installation. Documentation to include make, model, size, manufacturer, serial number, device location, and the process the device is protecting the public water supply against. Unprotected cross connection hazards will be documented for notification to water customer and the City. D. Facility "degree of hazard" and recommended re -survey frequency will be determined after initial inspection. E. Perform administrative functions including: support via phone (either a toll free or local phone line administered by the designated agent), fax, internet, text or email; scheduling of inspections; mailing of all notices; verification of corrective action(s) requirements; providing general customer service associated with the program, and providing program education either over the phone, in person, or in a group setting (public awareness meeting). F. Generate all site inspection and backflow prevention assembly test notices, non-compliance notices and records/reports. Coordinate/monitor reporting of backflow prevention assembly testing compliance for all backflow prevention assemblies. Verification of backflow prevention assembly tester credentials & proper testing results for each testable assembly backflow preventer documented during site inspection. G. Document the required program data and generate compliance status reports. All program services will be subject to complete recordkeeping. H. Conduct an annual review meeting with City staff to discuss overall program status and recommendations. I. Assist the CITY OF EAGAN with a community wide public relations program, including general awareness brochures and web site cross connection control program overview content and resources. CROSS CONNECTION CONTROL SERVICES PROPOSAL City of Eagan, MN I February 10, 2017 Page 25 D SCOPE OF SERVICES Provide complete Cross -Connection Control Program services and on site surveys including: A. HydroCorp will design and produce educational program literature, help to coordinate and participate in a Public Relations Program, and provide an up to 45 -minute Cross -Connection Control Program Public Awareness meeting. Public Awareness meeting to shall be held at an appropriate municipal building. B. HydroCorp will provide 800 educational cross connection control brochures on an annual basis to the City. C. Provide a written comprehensive Cross -Connection Control Plan specific to the CITY. The plan will include plumbing code adoption, references, program intent, standard operational procedures, all program and notice documentation, reporting procedures (including daily, monthly & annually), backflow prevention device standards including detailed installation schematics, piping identification, and testing standards. Three (3) printed copies of current MN state plumbing code will be provided. D. The Cross -Connection Plan will also include a recommended re -survey schedule for all facilities. The frequency for re -survey of each facility will be dictated by the designated degree of hazard for each facility surveyed (2 Year for High Hazard and 6 Year for Low Hazard). E. Schedule and notify customers of surveys and/or annual backflow preventer test records request in writing via U.S. Postal service. F. Provide full-time and Toll Free phone call in support for customer questions/appointments by an individual certified/trained in cross connection control with ASSE 5150 Backflow Prevention Program Administration. Phone will be staffed during normal business hours Monday through Friday. An automatic message service will be provided for after hour calls. G. Complete an annual minimum of 560 on-site Cross -Connection Control surveys of commercial, industrial, institutional and miscellaneous water customers. A total of 1,200 facilities will be surveyed during the 3 year project. When applicable, verify the required test was performed by an ASSE 5110/5140 certified backflow tester. When applicable, verify any internal maintenance was performed by an ASSE 5130 certified backflow prevention rebuilder. HydroCorp Surveyors are ASSE 5120 Cross - Connection Control Surveyor certified and considered qualified by the City to investigate all potable water outlets for actual or potential connections between a potable water supply and sources of contamination or pollution. The total number of surveys will include initial and compliance follow up visits when required. H. All existing backflow prevention devices & assemblies, (i.e. testable & non -testable) must be inspected for proper installation, inventoried and documented. Documentation to include size, make, model, serial number, regulated object number and location on site of survey. I. Generate all program postal notifications for non-compliant building owners informing them of installation requirements or required corrective action. Specific Uniform Plumbing Code reference and written corrective action instructions will be included for each non-compliant building record. CROSS CONNECT ION CONTROL SERVICES PROPOSAL City of Eagan, MN I February 10, 2017 Page 26 J. Provide access to live/real time facility compliance status reporting to the CITY on a secure website. Status reports will be available on-line and include the number of surveys completed, notices sent, tests overdue, surveys overdue, a listing of surveys and re -surveys scheduled for the upcoming period, upcoming notifications, a list of facilities in, or not in, compliance. Each facility record will provide itemized details of all backflow prevention assemblies, devices and methods documented during a completed survey. K. Prepare an annual Cross -Connection Control report that includes a program summary, to include a detailed facility listing to include address, re -survey frequency, listing of compliant and non-compliant facilities, total number of surveys completed, sites never inspected, vacant facilities, listing of all testable devices and total number of program notifications sent. L. Provide four on site progress review meetings per year with the CITY's designated representative to discuss program status, specific recommendations and a suggested action plan. M. Provide complete data management. All Cross Connection Survey and Backflow Prevention Tracking information and records shall be property of the City and will be made available for access by the CITY when requested. Any other use or sharing is strictly prohibited. N. Software package will be approved by the CITY and able to produce at a minimum the following reports and notices: 1. Standard notices to include, survey, re -survey, testing, non-compliance and compliance notices. 2. Produce management reports for notices, inventory of devices, device tests, survey schedules, device test schedules, overdue surveys, and device test forms. 3. Schedule survey and follow up surveys from internal records, standard procedures, and timing as necessary for compliance. 4. Automatically access all data relevant to a particular facility or period of time. 5. Generate an Annual Cross Connection Control Report and supporting documents for MDH Sanitary Surveys. 6. Provide a comprehensive summary of all cross -connection surveys completed, compliance status and test records in Excel Format. 0. Avoid any conflict of interest. HydroCorp shall not offer or advertise to City water customers for plumbing products, the installation of plumbing or testing/repair of backflow prevention assemblies during the contract period for up to 365 days after end of project. P. The City of Eagan will provide the HydroCorp with a complete, accurate, and applicable water customer account listing. 9. ADDITIONAL VALUE ADDED SERVICES HydroCorp is also able to offer specialized training to your Water Department team members. We provide this service on an annual basis at no additional fee to our clients. Many HydroCorp team members were previously employed in the water/wastewater sector and understand the daily operational and customer service needs of managing a water system. HydroCorp team members include an S-1 licensed water operator & Plumbing Inspectors. CROSS CON NEC] ION CONTROL SERVICES PROPOSAL City of Eagan, MN I February 10, 2017 Page 27 HYDRD-1 OP to: HMIL ACUR® tom,,.- CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 12/28/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Brown & Brown of Detroit 35735 Mound Road Sterling Heights, MI 48310 Daniel L. West CONTNAME: Daniel L. West PHONE 586-977-6300 F4't AIC No ExtI: AIc No): 586.977-6780 E-MAIL ADDRESS: dwest@bbdetroit.com 35SBAPI8563 12/15/2016 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Hartford Casualty Insurance Cc 002229 PREMISES Ea occurrence $ 300,000 INSURED Hydro Designs Inc. dba dba HydroCorp, Inc. HDI of Florida, LLC INSURER B : Hartford Ins Cc of the Midwest 002612 INSURER C : Hartford Underwriters Ins. Co. 002232 INSURER D : Hiscox Insurance Company 003030 5700 Crooks Rd., Ste. 100 Troy, MI 48098 INSURER E INSURER F : AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DD BR POLICY NUMBER POLICY NYYY POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR 35SBAPI8563 12/15/2016 12115/2017 EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurrence $ 300,000 MED EXP (Any one person) $ 10,000 X EPL $5,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 Emp Ben. $ $1Mil/$2Mi C AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS 35UECJP7978 12/15/2016 1211512017 COMBINED SINGLE LIMIT $ 1,000,000 Ea accident BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident $ A X UMBRELLALIAB EXCESS LIAB X OCCUR CLAIMS -MADE 35SBAPI8563 12115/2016" 12/15/2017 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED I X I RETENTION$ 10,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE Y� OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If clescribe under DESCes RIPTION OF OPERATIONS below NIA 35WECZM8649 12115/2016 12/15/2017 PER x ER H E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYE $ 500,000 E.L. DISEASE - POLICY LIMIT Is 500,000 D Professional Liab ANE101095513 12/15/2016 1211512017 Wrong Act 2,000,000 Agg 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) For Informational Purposes Only CERTIFICATE HOLDER CANCELLATION HYDRODE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Hydro Designs, Inc. ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Form `11Y" Request for Taxpayer Gide Form to the (Rev, December 2014) Identification Number and Certification requester. D not Send t0 the IRS. Doparimont of the Treasury Internal Revenue Service 1 Name (as shown on your Income tax return). Nemo is required on this Ifne;,do not leave this line blank, Hydro Designs, Inc 2 Business name/disregarded entity name, if difforant from above N a HydroCorp 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: 4 Exemptions (codes apply only to certain entities, not Individuals; see Ca ❑ Individual/sole proprietor or ❑ C Corporation ✓❑ S Corporation ❑ Partnership ❑ Trust/estate Instructions on page 3): m osingle a -member LLC ❑ Limited liability company, Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ► Exempt payee code (if any) `o Note, For a single -member LLC that Is disregarded, do not check LLC; check the appropriate box In the line above for Exemption from FATCA reporting +. the tax classification of the single -member owner, code (if any) C 0. ❑Other (see InalnlCtiel]S) ► Wpilus to accounts maintatned outside the U.S..) _. _ _ b Address (number, street, and apt, or suite no.) Regdester's name and address (optional) 5700 Crooks Rd STE 100 )6 01 City, state, and ZIP code ID Troy, MI 48098 7 List account numbers) here;(optioital) Numuer Enter your TIN In the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For Individuals, this Is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I Instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see Now to get a TIN on page 3, or Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for I Employer'identification number guidelines on whose number to enter. i 3 i 8 i A 1 2 1 8 1 1 1 0'1 0 0 18 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be Issued to me); and 2. 1 am not subject to backup withholding because; (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) Indicating that I am exempt from FATCA reporting Is correct, Certification instructions. You must cross out item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all 1riterest and dlvldendS on your tax. return. For real estate transactions, item 2 does not apply, For mortgage Interest paid, acquisition orat)andonment of seoured property, catncallatlon of debt, contributions to an individual retirement arrangement#RA), and generally, payments other than interest -and •dividends, you are not required to aign .the.cartiffcation, but you must provide your correct TIN..Seo the instructions on page 3. . n _.__ ___ HI Signature of � � % . Date f Z 1 Z Here U.S. f- LJ , parson General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments, Intormailbh about developments affecting Form W-9 (such as legislation enacted after we release it) Is at wwW.1rs,90v/fw9. Purpose of Form An Individual or entity.(Form W-9 requester) who is required to file an Information return with tho iFIS must obtain your correct taxpayer identification number (rIN) which May, be your social security number ($$N),1ndivldual taxpayer Identifioatlon number (ITIN), adoption'taxpayer i(lentificatton number (ATIN), or employer identification number WIN), to report on:an•informalion return the ameUnt paid to you, or otheramount reportable on an information return. Exanipios of information returns Inclocle, but are not limited to, the following; • Form 1099 -INT (interest earned or paid) • Form 1099 -DIV (dividends, Including those from stocks or mutual funds) • Form 1099-MlSC (various types of Income, prizes, awards, or gross proceeds) • Form 1099-8 (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1008 (home mortgage Interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-0 (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only If you are a U.S. person (including a resident alien), to provide your correct TIN. ff you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What Is backup withholding? on page 2. By signing the filled -out form, you: 1, Certify that the TIN you are giving is correct (or you are waiting for a number to be Issued), 2. Certify that you are not subject to backup withholding, or 3. Claim axemption from backup withholding if you area U.S. exempt payee. If applicable, you are afs000rt lying that as a U.S. person, your allocable'o share of any partnership Income from a UA trade or business is not sublact to the withholding tax on foreign para ers' share of offeelively connected Income, and 4. Certify that FATCA codes) entered on this form (If any) Indicating that you are exempt from the FATCA reporting, Is correct. See What Is FATCA reporting? on page 2 for further Information. Cat. No. 10231X Form W-9 (Rev. 12-2014) Agenda Information Memo March 7, 2017 Eagan City Council Meeting CONSENT AGENDA M. Approve Ordinance Amendment Relative to the Sign Ordinance Action To Be Considered: To approve an Ordinance Amendment to Chapter 11, Subd. 28, Placement, construction and maintenance of signs. Required Vote For Approval: Majority of Council Members Present Facts: ➢ Several housekeeping items are necessary to bring the Sign Ordinance up to date. ➢ Table A (Billboard locations) has not been updated for several years to reflect current conditions. ➢ The City Attorney's office has drafted the ordinance language. ➢ The APC held a Public Hearing on February 28, 2017 and they are recommending approval. Attachments: (3) CM -1 February 28, 2017 Draft APC Minutes CM -2 Planning Report CM -3 Draft Ordinance Advisory Planning Commission February 28, 2017 Page 10 of 11 D. Sign Ordinance Amendment Applicant Name: Mike Ridley, City of Eagan Application: Ordinance Amendment An Ordinance Amendment to Chapter 11 Section 11.70 updating Table A and general updates to the Sign Ordinance. File Number: 01 -OR -01-01-17 Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated February 22, 2017. Chair Filipi asked if the reference numbers in the table were also in the Code and if they should also be modified. City Planner Ridley responded yes on both accounts. Member Weimert asked if the table represents the actual billboard signs that are present in the City at this time. City Planner Ridley responded yes. Chair Filipi opened the public hearing. There being no public comment, Chair Filipi closed the public hearing and turned the discussion back to the Commission. Member Weimert moved, Member Piper seconded a motion to recommend approval of an Ordinance Amendment to Chapter 11, Section 11.70, Subd. 28., relative to billboard signage. All voted in favor. Motion carried 5-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: February 22, 2017 APPLICANT: City of Eagan PROPERTY OWNER: N/A REQUEST: Ordinance Amendment LOCATION: City-wide COMPREHENSIVE PLAN: N/A ZONING: N/A SUMMARY OF REQUEST CASE: 01 -OR -01-01-17 HEARING DATE: February 28, 2017 PREPARED BY: Michael J. Ridley, AICP The City of Eagan is requesting approval of an Ordinance Amendment to City Code, Chapter 11, Section 11.70, Subd. 28. relative to billboard signage. BACKGROUND/HISTORY At their regular meeting of February 7, 2017, the City Council directed staff to initiate an Ordinance Amendment to provide housekeeping updates to Table A. EXISTING CONDITIONS Billboard signage is allowed only in specific locations within the City and Table A of the Sign Ordinance summarizes that information. The existing Table A does not provide current information relative to the locations and sizes of approved billboards. EVALUATION OF REQUEST The City Attorney has prepared a draft ordinance amendment that provides for an updated Table A. The update is necessary primarily due to the table not being updated to reflect the changes that have occurred over the last several years. SUMMARY/CONCLUSION The proposed amendment brings the list of allowed billboard signage, location, sizes and number of sign faces to the current status. Planning Report — Ordinance Amendment February 28, 2017 Page 2 ACTION TO BE CONSIDERED To recommend approval of an Ordinance Amendment to Chapter 11, Section 11.70, Subd. 28., relative to billboard signage. ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTIONS 11.70 REGARDING SIGN AND BILLBOARD REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Chapter 11 of the Eagan City Code is hereby amended by amending § 11.70, Subd. 28, Table A to read as follows: TABLE A Ref Address Location Surfaces SF/ SF Total (PID #) Surface 1 2750 Sibley Mem. Hwy. (103288501001) I-494 between Hwy. 13 & Pilot Knob 2 624 1,248 Rd. Northwest corner of property 2750 Sibley Mem. Hwy. (103288501001) I-494 between Hwy. 13 & Pilot Knob 2 672 1,344 Rd Northeast corner of property 3 Hwy. 55, ; .nefion W. �P. e�1 Any i 2M 50 & Rahn veen Cedar- ' Rd. 2 2-50• -500 5 4151 Sibley Mem. Hwy. (100190001356) Hwy. 13, betweenRCdedar Ave. & Diffley 1 250 250 3700 Cedarn..o 3700 Nicols 6 Road (1081-80001-1-56- 100180056011) Hwy. 77, north of Hwy. 13 (on railroad) 2 378 756 7 2196 Cedar Ridge Court (101682102001) Hwy. 77, between Diffley Rd. and Cliff 2 378 756 8 q x -i M 756 9 1181 Trapp Rd. (beyond NE Corner) Soo Line right-of-way, south of I-494 and 1 480 480 (102250005108) west of Hwy. 55 (added 9/5/99) { 1 } IN) {20) 10 1255 Trapp Rd. (1022250014001) I-494, junction of 1-35E 2 378 756 11 2750 Eagandale Blvd. (beyond NW Soo Line right-of-way, Hwy. 55, west of 2 360 720 Corner) (102250014307) I -35E Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Christina M. Scipioni By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: Agenda Information Memo March 7, 2017, Eagan City Council Meeting CONSENT AGENDA N. Approve resolution of support for an application to the Job Creation Fund for Prime Therapeutics, LLC Actions To Be Considered: Approve resolution of support for an application by Prime Therapeutics, LLC, to the Minnesota Department of Employment and Economic Development Job Creation Fund. Facts: ➢ Prime Therapeutics, LLC has existing office space in Eagan and elsewhere in the Twin Cities metropolitan area. The company is interested in consolidating and expanding its operations in Eagan. ➢ To support the expansion project, Prime Therapeutics, LLC is applying to the Minnesota Department of Employment and Economic Development (DEED) for a $1,000,000 Job Creation Fund (JCF) award. ➢ Local government units are required to submit resolutions of support for JCF applications. Issues: None Attachments: (2) CN -1 Location Map CN -2 Resolution of Support for JCF Application N 'm00% �da�d° o= �kttk Y h> -:•" rd N� dao �`�' , _ ' PARK WAY °AY LONE OAY, 1sr� o i F a• 6 REN LN LL L m 0 CA � 5 v n UISdt\N R 5 d h�sn ROLLING ILLS DR 9 �r INVEROVE HEIGHTS !! Ul po ® r m Qaya� p W y Q N N O 3 C N 3 N to CD CL A) n d 0 s �oR N O p -n p N rp oa Qaya� ma d 0 s �oR A o pe A ®Um 0m= v m .O 0 �CCL(D Z N �. O 0) O O �. 0 N C � L 0 ^S w� W Lt 0 x"'19 CITY OF EAGAN, MINNESOTA RESOLUTION NO. RESOLUTION SUPPORTING A JOB CREATION FUND APPLICATION IN CONNECTION WITH PRIME THERAPEUTICS LLC WHEREAS, the City of Eagan, Minnesota (the "City"), desires to assist Prime Therapeutics LLC, a Delaware limited liability company, which is proposing an expansion in the City; and, WHEREAS, the City of Eagan understands that Prime Therapeutics LLC, through and with the support of the City, intends to submit to the Minnesota Department of Employment and Economic Development an application for an award from the Job Creation Fund Program; and, WHEREAS, the City of Eagan held a city council meeting on March 7, 2017 to consider this matter. NOW, THEREFORE, BE IT RESOLVED that, after due consideration, the Mayor and the City Council of the City of Eagan, Minnesota, hereby express their approval of the project proposed by Prime Therapeutics LLC and its application for an award from the Job Creation Fund Program. ADOPTED by the City Council of the City of Eagan this 7th day of March, 2017. Mike Maguire Its: Mayor Attest: Christina M. Scipioni Its: Clerk Ayes: Nayes: CERTIFICATION 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 day of , 2017. Christina M. Scipioni, Clerk Agenda Information Memo March 7, 2017, Eagan City Council Meeting O. Approve Easement Conveyance Agreement with Northern Natural Gas Company Action To Be Considered: Authorize and approve Easement Conveyance Agreement and authorize the Mayor and Clerk to execute all necessary documents. Facts: ➢ Northern Natural Gas ("Northern") is installing a new natural gas line to serve the Black Dog facility (the "Project"). ➢ In connection with the Project, it is necessary for Northern to acquire permanent and temporary construction easements from the City and other affected property owners. ➢ The total acquisition of permanent easement from the City is approximately 10.141 acres and 16.058 acres of temporary easement. ➢ Northern prepared an appraisal and offered the City its appraised value. ➢ The City Attorney's office engaged an appraiser to determine appropriate compensation. ➢ Based on discussions with City Staff, City Attorney and Northern representatives, the City has agreed to accept the sum of $625,000.00 as and for full and final compensation for the easement acquisition. ➢ In addition, Northern will provide an additional payment to the City in the amount of $5,000.00 as and for reimbursement for any appraisal expense. Attachments: (1) CO -1 Easement Acqusition Agreement with exhibits EASEMENT CONVEYANCE AGREEMENT This Easement Conveyance Agreement is made this _ day of , 2017, by and between Northern Natural Gas Company, a Delaware corporation (hereinafter "Northern"), and the City of Eagan, a Minnesota municipal corporation (hereinafter the "City"). (Northern and the City are hereinafter collectively referred to as the "Parties.") WHEREAS, Northern is installing a new natural gas line to serve the Black Dog facility (the "Project"); and WHEREAS, in connection with the Project, it is necessary for Northern to acquire permanent and temporary construction easements from the City; and WHEREAS, the City is willing to convey such easements to Northern all upon the terms and conditions contained. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. CONVEYANCE OF EASEMENTS. The City hereby conveys to Northern the permanent and temporary easements by executing the Easement Grant attached hereto as Exhibit "A." 2. COMPENSATION FOR EASEMENTS. Contemporaneously with the execution of this Agreement, Northern shall provide payment to the City in the amount of Six Hundred Twenty-five Thousand and No/100 Dollars ($625,000.00). 3. REIMBURSEMENT FOR APPRAISAL. Contemporaneously with the execution of this Agreement, Northern shall provide payment to the City in the amount Five Thousand and No/100 Dollars ($5,000.00) as and for reimbursement of the City's appraisal. 4. RIGHT-OF-WAY AND GRADING PERMITS. Northern shall apply for any and all right-of-way and grading permits as may be required under City Code. Northern shall comply with any and all conditions proposed by the City on any such permit. The City hereby designates David Westermeyer, Engineering Technician, as the liaison for Northern to work with through the installation of the pipeline for the Project. 5. TRAIL CONSTRUCTION. In order to complete the Project, it is necessary for Northern to undertake work on the Highline Trail. Northern acknowledges that the trail is used heavily by City residents. Northern agrees to keep the southern eight feet (8') of the Highline Trail open for use by residents. Safety fence will be placed along the temporary trail. If the City determines gravel or mulch is required along this portion of trail Northern agrees to reimburse the City for these costs. The City hereby designates David Westermayer, Engineering Teelmician, as the liaison for Northern to work with to coordinate the staging work on the Highline Trail and any work that Northern undertakes adjacent to any City park. 6. DAMAGE TO TRAILS. Any trail that is damaged shall be repaired by Northern in accordance with the trail specifications attached hereto as Exhibit `B." Northern agrees to restore the trails and surrounding areas as soon as possible upon completion of work within any given section. 7. NORTHERN's LIAISON. Northern hereby designates as its liaison for the Project. 8. GOVERNING LAW. This Agreement shall be governed by and interpreted under the laws of the State of Minnesota. 9. DISPUTE RESOLUTION. Except in connection with a proceeding in equity, which will be governed by the rules of procedure of the applicable court, claims, disputes or other matters in question between the parties hereto arising out of or relating to this Agreement or any breach hereof shall be first submitted to mediation, with the parties sharing equally the cost thereof. If the parties cannot agree on the mediator, one shall be appointed by the district court. If the dispute is not resolved through mediation, the venue for any dispute shall be the District Court for Dakota County, Minnesota, Northern Natural Gas Company, a Delaware corporation y: /Z' Its: STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument is aclanowledged before me this day of 9 2017, by , the of Northern Natural Gas Company, a Delaware corporation, on behalf of the corporation. Notary Public 2 CITY OF EAGAN By: Mike Maguire Its: Mayor By: Christina M. Scipioni Its: Clerk STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument is acknowledged before me this day of , 2017, by Mike Maguire and Christina M. Scipioni, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the corporation. Notary Public APPROVED AS TO FORM: City Attorney's Office Dated: APPROVED AS TO CONTENT: Public Works Department Dated: THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST HILLS & BAUER P.A. 14985 Glazier Avenue, Suite 525 Apple Valley MN 55124 (952) 432-3136 EXHIBIT "A" Easement {Grant W.O. No.: 01116826 Line No.: MNM80202 Tract No.: MNM80202 (Project Tract Numbers DA -083, DA -086, DA - 087, DA -089, DA -090, Da -092A, DA -093, DA - 096, DA -097, DA -097A, DA -098, DA -099, DA - 099A, DA -103, DA -104, DA -104A, DA -1048 PIPELINE EASEMENT For and in consideration of Ten and No/100 dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the undersigned (hereinafter referred to as Grantor, whether one or more), hereby bargains, grants, conveys, and warrants to NORTHERN NATURAL GAS COMPANY, a Delaware corporation, with principal offices at P.O. Box 3330, Omaha, Nebraska 68103 (hereinafter referred to as Grantee), the right, privilege, and easement to construct, maintain, operate, inspect, repair, replace, resize, protect, alter, and remove one pipeline and appurtenances, including cathodic protection apparatus, on, over, under, across, and through a strip of land fifty feet (50') in width across the following described land situated in the County of Dakota and the State of Minnesota, to -wit: See Exhibit "A" attached hereto and made a part hereof (the "Easement Area"). It is further agreed as follows: That this Easement is for the construction of one pipeline and appurtenances 2. That Grantor shall have the right to use and enjoy the surface of the Easement Area for purposes that do not interfere with the use of the Easement Area by the Grantee for any of the purposes herein above granted, it being understood that no building, structure, improvement, ox obstruction, other than ordinary and usual fences, shall be placed within or upon the Easement Area and that there shall be no alteration of the ground surface or grade of the Easement Area, without the express written consent of the Grantee, and, to the extent that written permission has not been given, Grantee shall have the right to clear and keep cleated from within the Easement Area all trees, brush, undergrowth, buildings, structures, improvements, or other obstructions, though Grantee has no obligation to do so, and, after said pipeline has been installed, Grantee shall not be liable for damages caused on the Easement Area by keeping the Easement Area clear of such trees, brush, undergrowth, buildings, sttuctuxe, improvements, and other obstructions in the exercise of its rights hereunder. Grantee shall have the right of ingress to and egress from said Easement Area for the purposes of cleating the Easement Area of brush, trees, and obstructions, and for all other purposes incidental to the tights granted Grantee hereunder. 3. That this instrument may be executed in counterparts, but which together shall constitute one and the same instrument. 4. That the rights of the Grantee may not be partially assigned without the written consent of the City. W.O. No.: Line No.: Tract No.: 5. It is agreed that this grant cowers all the agreements between the parties and no representations or statements, verbal or written, have been made, modifying, adding to, or changing the terms of this agreement. 6. TO THE FULLEST EXTENT PERMITTED BY LAW, GRANTEE SHALL INDEMNIFY AND HOLD THE CITY HARMLESS FROM ANY AND ALL DAMAGES, INCLUDING ATTORNEYS' FEES INCURRED BY THE CITY ARISING OUT OF OR RELATING TO GRANTEE'S USE OF THE EASEMENT AREA. It is understood and agreed that this easement and all rights, privileges, and obligations created herein shall run with the land and shall inure to the benefit of and be binding upon the legal representatives, heirs, executors, administrators, successors, and assigns of the parties hereto. Signed and delivered this day of 120—. GRANTOR: CITY OF EAGAN By: Mike Maguire, Its: Mayor By: Christina M. Scipioni, Its: Clerk STATE OF MINNESOTA ) ) JS. COUNTY OF Dr1KOTA ) The foregoing instrument was acknowledged before me this day of —20 'by Mike Maguire and Christina M. Scipioni, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. (SE AL) Prepared by: Right -of -Way Department Northern Natural Gas Company P.O. Box 3330 Omaha, Nebraska 68103-0330 Notary Public My Commission Expires page 2 of 2 OD b C14 E � 0 Do (D CEO Lu Ld w 0 z 0 Co NN 6 LU Cjo0 V) 0 , a 1 -> -0 N"UB ppQL o ou 5 o 0 0 < Mac —1 1. 0 OD b trry ri. nu. Dooa EFN PROJECT NO. 36492 J z G L9 N m 7 m M Z ww W o �cz� >, ® VA L. i Z U o , Z ��yqp O Z Z -...,-d �N ' F h `' ., ® `V '16�m Dz N W N T O+ —I 1] C -k w.�j7'/y4'!!lla0itt�,, O'D O N O Z U Q) 0 0.'0 Lo—VM C z y 70a- O V G "Sa H WWo .A e® z \2 t PA 3S 3Nl j0 3N/) m o � � is, II 1 IV�V \V oyoy w ' oM I I ^b I'1 ro II 0 �o � 2 IIIwo 2 O O W W �� s V�• 000 z c� O aN 4 µ I I W 2 0�3 0! �W d I 3w I I I I o i ory��2�o Illz 2 -40 Y/I '3'N 3w 40 3N/7 M 00'000 } W q b o I M„9h,£O.00S 1° ,� ”----- 3S J z G L9 N m 7 m M Z ww W EASEMENT EXHIBIT •` I`t,'�- N A 50 foot wide perpetual easement for pipeline purposes over, under, and across the the North 200 feet of the Northeast Quarter of the Southwest Quarter of Section 28, Township 27 North, Range 23 West, Dakota County, Minnesota. The centerline of said easement is described as follows: Commencing at the northwest corner of the Southwest Quarter of said Section 28; thence North 89 degrees 47 minutes 24 seconds East, bearings based on the Dakota County coordinate system, along the north line of said Southwest Quarter, a distance of 1315.43 feet to the west line of said Northeast Quarter of the Southwest Quarter; thence South 00 degrees 03 minutes 46 seconds West, along said west line, a distance of 41.00 feet to the point of beginning of said centerline to be described; thence North 89 degrees 47 minutes 24 seconds East, a distance of 371.53 feet; thence North 89 degrees 26 minutes 52 seconds East, a distance of 814.43 feet; thence South 08 degrees 16 minutes 31 seconds East, a distance of 137.10 feet to the westerly right of way line of Thomas Lake Road and said centerline there terminating. 1229 T9ler Street NE, Suite 100 Minneapolis, Minnesota 55413 PHONE: (612) 4663300 FAX: (612) 4663383 1, F1etd & Nowak, Inc. WWW.EFNSURVEY.COM surveyors eines 1872 al'TA ITO =8 BY MIL HU R ROUTAK a0. EFN FILE NO. 5859 EXHIBIT "A" TRACT DA -086 MNM 80202 SECTION 28, TOWNSHIP 27 N, RANGE 23 W, DAKOTA COUNTY, MINNESOTA Jorthern Natural Gas FILE NO. 01116826 SHEET 2 OF 2 EFN PROJECT NO. 36492 � § <E v)\® § LLI » [ t ® # 2 § 5 I ® e \ WlaazwYN»w3N17m \{\ � � § <E v)\® § LLI » [ 3 2 2/2 § 5 I ® e \ WlaazwYN»w3N17m \{\ - S § § § "® a. M j\o �/ o = � § 14 D j , \ �E� � ! 5 I ® I WlaazwYN»w3N17m 14 Za J 6 2 ! pW I �O$ K v�2 I+i 4i O 'M'N 3Hl 30 3N7 9 111 B I 11 9 1 1 0 1 1 66 - �4_ 0 18-'�I I4 1 1 Y / Syr11 � c 1 9 z c5 N 11 Io 1 Ib �� 0 1 i� '• .s `a 3w 1 I� vim 11 1� w� 0 2 1 1 LENS R°Ap E I \ 1 J®��� Kfoo LIN 2Q I G� Raw \1 b/l MS 3HL 30 3N17 7.1 N O z 0 O •��`�p?any O "o o G_ ca -IL Q OZ LLLL Z -0'�T�"uuooeoC^,^5��v%).`�4•', V' o .•• o'O o urllJlt:EC11 z J N U�v w p C N d N ct. O*' N O VNCNO O G1J O O N K `o 0 o a 3 10 c O ow• c - NJO Q a Wm J 6 2 ! pW I �O$ K v�2 I+i 4i O 'M'N 3Hl 30 3N7 9 111 B I 11 9 1 1 0 1 1 66 - �4_ 0 18-'�I I4 1 1 Y / Syr11 � c 1 9 z c5 N 11 Io 1 Ib �� 0 1 i� '• .s `a 3w 1 I� vim 11 1� w� 0 2 1 1 LENS R°Ap E I \ 1 J®��� Kfoo LIN 2Q I G� Raw \1 b/l MS 3HL 30 3N17 7.1 N O z 0 trN riot NU. 5a5a EFN PROJECT NO. 36492 I TO f/! ;N'N N O 3N17 3 �j I �w o Wwa^ � NI rn 9 SOP �£®%9 J0 0 001 0 ROP /l Al 31U d0 3Nn m ao�o Q 10 anw l a\vWi\ $Ww } N W [r BOOf/! CJ d N O o: N Oi W M O a U W K 0. W W U N O 000 y LU Z ESm `� W } LWi rn ®� W� W Q O 0Z Z OO O Z N. 'v a mT �p x ` z O tj ®LU LU a. H U N o N �U o O Y CO I TO f/! ;N'N N O 3N17 3 �j I �w o Wwa^ � NI rn 9 SOP �£®%9 J0 0 001 0 ROP /l Al 31U d0 3Nn m ao�o Q 10 anw l a\vWi\ $Ww } N W [r BOOf/! CJ d N O o: N Oi W M O a U W K 0. m w U O w� ,tT Q O z� LJ D W " o� < co 6® o to r) F3 LO 04 00 668 CDC W QV W Z' "" �fL'v0 J4, 7 w !\ Cr w o C O O L O W N c mQ NaO T� OU NJ N c Q N 0( �d(Da m O UC c `mowo — NJO C] W� m w U O w� ,tT Q O z� LJ D W " o� < co 6® o to r) F3 LO EASEMENT EXHIBIT -FOR- mAjorthern Natural Gas A perpetual easement for pipeline purposes over, under, and across the following described parcel: OUTLOT A, MALLARD PARK FIRST ADDITION Said perpetual easement is described as lying northerly of the following described line: Commencing at the northwest corner of said OUTLOT A; thence South 00 degrees 08 minutes 57 seconds West, bearings based on the Dakota County coordinate grid system, along the west line of said OUTLOT A, a distance of 50.00 feet to the point of beginning of said line to be described; thence South 89 degrees 51 minutes 03 seconds East, a distance of 669.84 feet to the east line of said OUTLOT A and the west right of way line of Johnny Cake Ridge Road and said line there terminating. EXHIBIT "A" TRACT DA -89 MNM 80202 SECTION 29, TOWNSHIP 27 N, RANGE 23 W, DAKOTA COUNTY, MINNESOTA Jorthern Natural Gas FILE NO. 01116826 SHEET 2 OF 2 EFN PROJECT NO. 36492 1229 T9ler street NE, Suite 10D ®� . Minneapolis, Minnesota 55413 #ION£: (612) 466.3300 h'AX: (612) 466.3383 Egan, field & Nowak, Inc. WWWXFNSURVEY.00M tand 1.1—Vols sin ee 1672 IXPDEGHTO 2M5 Dy MA FAD h NVA&F'c. EFN .FILE NO. 5659 EXHIBIT "A" TRACT DA -89 MNM 80202 SECTION 29, TOWNSHIP 27 N, RANGE 23 W, DAKOTA COUNTY, MINNESOTA Jorthern Natural Gas FILE NO. 01116826 SHEET 2 OF 2 EFN PROJECT NO. 36492 w o U N E N m L z d M'w i� w w cc 0 W Y -p � � � O ® Qo W Z 'O o w� Q •-- m �z o ® o ,� o ¢ O Z� z xw D— XZ o W J ® a r N my c o H M mQ w 0 2 H o p w N (n W w oz � O N Q V) Q O X ft oo 0:j � Q Z w N 0 RBOg RL o z r EL JONNO w �, Cd 99 ter- os � -� ca Lj p W LC 4T � LL cdLo C) -/psi q) p CL W u< o U M F a0 y a 10 W QO O W Q f' I�C]�3�ww C Q o nor o � G_� �� C z /F- v] r- o c6 J I'%, RIM ow MEWV N C m m � x � z° c r Zio«O m `\�.� .�\<CC� o unnno Y�Cnp'''i ao W ¢ .�� LL (Do O K A N ' o m .�0 O CCi O O.pTy s O N p� ` yJ O V O p y p 0 p �oa�ia c Ld <C Uig LU 0) 0, Mroh CJ UNC 2 (6) 3„61,91.005 2 (W)M„L9,80.00s 00 511 I Zi () I I <L oM z I E t - N C, I �• W I I �."^, C CC r 4 [) W 'Lu <S o, o I -> i :F4V) I I I I h- I I--- 05 I I I LAW OODGAT- .11,07„ N 4.57'53'w M N � rN� I z rf o�� I M �3cJi I N U p � ¢o Q M O Z W W � D Q O orad LLl N ASO � s d W EASEMENT EXHIBIT -FOR- dorthern Natural Gas A perpetual easement for pipeline purposes over, under, and across the North 50 feet of the following described parcel: That part of the Northeast Quarter of the Southeast Quarter of Section 29, Township 27 North, Range 23 West; Commencing at the East Quarter Corner of Section 29; thence South 89 degrees 44 minutes 41 seconds West, assumed basis for bearings, 240.00 feet, along the north line of the Northeast Quarter of the Southeast Quarter of said section; thence South 00 degrees 15 minutes 19 seconds East, 30.00 feet; thence South 89 degrees 44 minutes 41 seconds West, 483.40 feet to the point of beginning; thence South 00 degrees 15 minutes 19 seconds East, 115;00 feet; thence South 89 degrees 44 minutes 41 seconds West, 300.32 feet; thence North 12 degrees 46 minutes 36 seconds West, 33.40 feet; thence northwesterly 85.37 feet along a tangential curve concave to the southwest, radius 943.33 feet, central angle of 05 degrees 11 minutes 07 seconds; thence North 89 degrees 44 minutes 41 seconds East, 329.82 feet to the point of beginning. 1229 Ttiter Street NE, Suite 100 Minneopotis, Minnesota 55413 ®� PHONE: (612) 466.3300 FAX: (612) 466.3383 ;an. Fletd & Nowak, Inc. 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W. CORNER OF WE !� r- n ^ I �i IR V 1'- N.E. CORNER OF INE SE. 1/4 OF S.W. 1/4 OF SEC. 30 �_ V n SEC. 30, N/P. 27 N, RGE. 23 W, t (FOUND C.I.M) DAKOTA COUNTY, MN I I (FOUND 3/8" REBAR) I N89*43'20"W 5168.36 1 NB9 A3'20'W 1320.79 ®� N. LINE OF 7HE S.E. 1/4� ® I ® ® ® ® ® I I I \1 �i 1 I ® I o 1 I I I I LtULN® Q DENOTES FOUND CAST IRON MONUMENT DENOTES FOUND MONUMENT I hereby certify that ti,} "?;t5tvey; Arid report was preparedSt or under'; supervision and thpg 1 7m a dui Lice Land Surveyor undelr toi e IaW liff -tfig) of Minnesota, _ LAND Date: March 08, 2016, SURVEYOR —" e,�47476 License No. o\ I I Ld Ld WW ---- 1___-1020.22__—.r—_ -- 00 i L A i I I I S. UNE OF 77YE N. 640 FEET OF 7HE S.E. 1/4 I I n pl I I I SUMMARY EASEMENT AREA N 15,025 sq, ft. / 0.345 acres 0 100 200 SCALE IN FEET Bearings based on NAD 83, Dakota County, MN grid system EXHIBIT "A" 1229 Tyler Street NE, Suite 100 TRACT DA -103 Mlnneopo0s, Minnesota 55413 MNM 80202 PHONE: (612) 466-3300 SECTION 30, M: (612) 466.3303 Egan, fletd.& Nowat<, Inc. WWW.EFNSURVEY.COM IaFltl surveyors slnaa 1892 LW11Bgfr0 4010 EUW, Fla0 Q RVAA'4 IXC By EFN FILE NO. 5859 o\ I I Ld Ld WW ---- 1___-1020.22__—.r—_ -- 00 i L A i I I I S. UNE OF 77YE N. 640 FEET OF 7HE S.E. 1/4 I I n pl I I I SUMMARY EASEMENT AREA N 15,025 sq, ft. / 0.345 acres 0 100 200 SCALE IN FEET Bearings based on NAD 83, Dakota County, MN grid system EXHIBIT "A" Jorthern TRACT DA -103 Natural Gas MNM 80202 SECTION 30, FILE NO. 01116826 TOWNSHIP 27 N, RANGE 23 W, DAKOTA COUNTY, MINNESOTA SHEET 1 OF 2 EFN PROJECT NO. 36492 am ru.c nU. 000a EFN PROJECT NO. 36492 i 11i I \�J vI C' A G> —FOR— 'WAjorthern Natural Gas z UWN: o � CITY OF EkKAGAN ~W CERTIFICATE BY ATTORNEY W �i Mlnneopo8s, Minnesota 5541E FOR PETITIONER PHONE; (612) 466.3300 MA (612) 466.3383 DOCUMENT NO. 430936 0 0 Ye72 CWYMMC Me By W^n-&NONAN. ex EFN FILE N0. 5859 2W S W 3 nr ��- / -°r v I i SUMMARY II TEMPORARY WORKSPACE AREA 27,737 sq.ft. / 0.637 acres R�SEDEASEMENT AREA 15,025 sq. ft. / 0.345 acres P.E. PROPOSED EASEMENT E91 TEMPORARY WORKSPACE II 1224 Tgler Street NE, Suite t00 Mlnneopo8s, Minnesota 5541E loal PHONE; (612) 466.3300 MA (612) 466.3383 Egan, fletcl & Nowak, Inc. WWW-EfNSURVEY.COM lana surtoOora since Ye72 CWYMMC Me By W^n-&NONAN. ex EFN FILE N0. 5859 N 0 100 200 v rr SCALE IN FEET Bearings based on NAD 83, Dakota County, MN grid system TEMPORARY WORKSPACE EXHIBIT®Northern TRACT DA -103 Natural Gas MNM 80202 SECTION 30, FILE NO. 01116826 TOWNSHIP 27 N, RANGE 23 W, DAKOTA COUNTY, MINNESOTA SWEET 1 of 1 EFN PROJECT NO. 36492 IJ 0 E W T 0 Q W Z W � m O Z Z 0 O N Z p W O � J O Q C-) mU � C N Y mo o d �a bww �hh 0 /,/l '3S 3HL d0 Z/l 'M NU J0 3NI7 3 I I I I 1 I B I I w I c) I w LI_ "B-7 — ll? F- f�_ C) ;') C'1 LQ c) I I y III I B - 10S �- " B I 11 GVOYS700IN — b a In 6/! 3S 3H1 d0 3NI7 iN 0 N EFN FILE NO. 5859 EFN PROJECT N0. 36492 eenp W w U Z d N d E Ni `' N N O Y w fy N O �Q W O (0 00�� CL L ® � O C Z w > < � -pN ® O N N yz CL CL 0 .O j Q� LU 0 F m s m �; Q O CL F- O X r! W cV fn W a -0 -Zi ,� � vl ¢ o oz� Ig 0 >-QMNNU CLF Qf� 2 0. Y I Q w Oo 0 N Y/l'-qS 3NL d0 Z/l M 3NL d0 2N17 3 / / / 1 O R I h eLe�7�p CJ \4// ��iii <_ / A// L- � Lid �o,i o F- / _J Q w o a crowd / i.0 w :� K mN y :) q MOOrn al oM L J LO M Cl i�B3�1 V) 0- ro / / / Ob OM Eg / 1 uE��o RaiB _ b OVOc i oS700/N N v o.Zu2 TVO��v _ _ 6/l 35 ";, �0 3N/7 M a c 1'dlt. �E I low u� 5° o o „ ° z „ a 0 � m � � � u I ® IN Z/OIIJ d z U W O w W Q O O E 11 to l6 CO C(D W WO Om 'S W Z C O f6 O •- _-+ O d -a a z O W O rn Z v 1��1 J CL -2 m �' ®(5 O N _ y T x N xg�� &&J Z EL N � c 0 U rn V c o mo O C WO W OOQ<0XLJc5 C-4 Of � _0 , p�Q l� I-zmUL'i }~ 4�O CL Q T Q SOY 4 Op 0 N 311L d0 Z/l M 3W d0 3N17 3 8@ 9lli9 — — 911 He Z I I _ LU q� 6B � �Pz W w �N Zl� p�lWh �� I ti U Pa�9 CJ �I w N OV00 w w� 9 E h G' C m Mi C) � 0 tic�Rgp N mac S� �^ San mU� W No. m.o qgqg B� own b/l 3S 3HL d0 3Nn M a I. ,NN£ � ry c o z m 3 O m Z oN0 � N 0 m ZZ t ®4O1 3 w Vow) w co w O E a ,bpd < < w Z O l6 •- p eoC� ® o .� Y- Q oa U- 0 z g Z 0 N C) IL Lu LU) LU ® U mU c O N O � mQ O] S Q X MO ~ w N N wM wz I o M d I o M �oMZ. CF- ILU I N® O Y a W o0 'S/l '3S 3NL dO ell %A 3141 30 31V17 3 LU I �IWU'-O �U Li l,J O F- F- - C] Q a w a �n IJP 3 C) U ro 0- UJ N m + I N^ I p �6_ I oM a -of ®moo NCO N,1 yEa�yB _ avo�.D �g G ^i f� pp l 18 C00/ oo•Z u w g o0'® _ _ b/! 35 3N1 d0 3N17 M o~. I NE I fl C m Y e Z n ro 0 a o O m Z o Z/011s EXHIBIT "B" `frail Specifications 3" BITUMINOUS WEAR COURSE - MNDOT 2360 SPEC. ADDITIONAL CL. 5 — AS DETERMINED AND SPECIFIED BY CITY ENGINEER. COMPACTED SUBGRADE. VARIES W/TRAIL OR SIDEWALK. 25' MIN. W/O TRAIL OR SIDEWALK, — 14' MINIMUM CONCRETE CURB &GUTTER 8' TYP. MIX TYPE 3A22 (TYP.) 1 7' MIN. TACK O EACHCLIFTTFOFUBITR('YP.)—\ 6" CLASS 5 — 100% CRUSHED ROCK BASE — MNDOT 3138-1 —1' TYP. SIDEWALKS 14' MINIMUM u• w z CONCRETE CURB & GUTTER MIX TYPE 3A22 (TYP,) TACK FACE OF GUTTER PRIOR TO EACH LIFT OF BIT. (TYP.)--\ 6" MIN. SLOPE 0,04' 8' TYP, 7' MIN. MIN. SLOPE 0.04' MIN SIDEWALK —MIN. 7_" CLASS 5 UNDER CURB, PROCTOR MAXIMUM DRY DENSITY. 4" CONCRETE SIDEWALK (6" THROUGH DRWYS) — (MIX TYPE 3A32) ..';r':•,`, 4" (MIN.) CLASS 5 —100% CRUSHED ROCK, MNDOT 3138-1 COMPACTED SUBGRADE. NOTE: STREET SECTIONS VARY DUE TO DESIGN AND A.D.T. COUNTS. (SEE PLANS &SPECS.) LOCAL STREETS, TRAILS REVISED STANDARD � LlJltliL aJT11EETS, 1 f!i`iILS �t PLATE City UA Eap CONCRETE SIDEWALKS 01/2015 4•50 Enainoerir{4 f�ivision TYPICAL SECTIONS TRAILS, 1/2' BITUMINOUS WEAR COURSE, MNDOT 2.360 SPEC. NOTE: SEE MNDOT AND TACK COAT SHALL BE PLACED BETWEEN ALL BITUMINOUS LIFTS. PROJECT SPECIFICATIONS FOR MIX DESIGN INFORMATION 2" BITUMINOUS BASE COURSE, MNDOT 2360 SPEC, 6" CLASS 5 — 1009 CRUSHED ROCK BASE -- MNDOT 3138-1 COMPACT SUBGRADE TO 1009 OF THE STANDARD D Agenda Information Memo March 7, 2017, Eagan City Council Meeting CONSENT AGENDA P. Approve Final Planned Development for Viking Lakes Phase II, Lot 2, Block 1, Viking Lakes — MN Development Company, LLC Action To Be Considered: To approve a Final Planned Development upon approximately 20 acres located north of Vikings Parkway and south 1-494. Facts: ➢ The Viking Lakes Preliminary Planned Development (PPD) was established in 2016. ➢ Phase I is currently under construction and includes Vikings Headquarters and the Indoor Practice Facility. ➢ Phase II includes a three-story —78,000 SF Twin Cities Orthopedics (TCO) medical office building (Building 1) and a separate two-story —55,000 SF Sports Medicine Center (Building F) that will house a sports medicine training center for TCO on the second floor and Minnesota Vikings -affiliated uses on the ground floor. ➢ All documents and agreements are in order for execution at the City Council meeting on March 7. Issues: None Attachments: (2) CW -1 Location Map CW -2 Site Plan Cd v J N � L ,N ` z �. .o L �. Jao �z C O N N C O ®® o o N O c o Lo O Aro 9Qo �'rp�430 . 900 a m®aose0e . 4� yia s t Y J fx w �a d j�}qj k 9] � j O O AVMNHtld , 41 S-TPcT6�fR NK HW.Y.: g(P e _kulQ o i Po � b�v h 3 �C Aro 9Qo �'rp�430 . 900 .� G ; u /] ^& / G§ \ N 3gamomwmN co ir �c B( - \§z `/ § , _R a z \\ �M E\ \ A §RZ G \ /[ ! CL z2 0 \6 ( \\ \ ) § (, ± (E . ! J` o GA\ k / \-^ s 5 \_ §w \ ° i\ a t ®® * 2 �: ( Agenda Information Memo March 7, 2017, Eagan City Council Meeting CONSENT AGENDA Q. Approve Sixth Extension of Amended and Restated Preliminary Redevelopment Agreement for Master Developer Services for the Cedar Grove Redevelopment District Actions To Be Considered: To approve the Sixth Extension of the Amended and Restated Preliminary Redevelopment Agreement for Master Developer Services for the Cedar Grove Redevelopment District. Facts: ➢ The EDA and the City have an agreement with Pratt Development, Inc. to serve as the Master Developer for the Cedar Grove District. ➢ The existing agreement expires on March 16, 2017. ➢ The City owns three parcels in Cedar Grove. Of these three, the sale of Outlot A is expected to close in March 2017. On March 7, 2017, the EDA will hold a public hearing and consider approval of a purchase agreement for Outlot B. ➢ The Finance Committee reviewed the Redevelopment Agreement for Master Developer Services at a meeting on February 22, 2017, and directed staff to draft a Sixth Extension. ➢ The Sixth Extension extends the Redevelopment Agreement to December 31, 2017. The Redeveloper is entitled to commission on any prospective purchaser brought to the EDA through March 16, 2018. Issues: None Attachments: (2) CQ -1 Location Map CQ -2 Sixth Extension of Amended and Restated Preliminary Redevelopment Agreement i .v e® LU REDEVELOPMENT '1 INT THIS SIXTH EXTENSION OF AMENDED AND RESTATED PRELIMINARY REDEVELOPMENT AGREEMENT ("Extension") is made this — day of , 2017, by and between Eagan Economic Development Authority, a Minnesota municipal corporation (hereinafter the "EDA"); the City of Eagan, Minnesota municipal corporation (the EDA and the City of Eagan are hereinafter collectively referred to as the "City"); and Pratt Development, Inc., a Minnesota corporation (hereinafter referred to as the "Redeveloper"). (The City and Redeveloper are hereinafter collectively referred to as the "Parties.") WHEREAS, the City and Redeveloper entered into an Amended and Restated Preliminary Redevelopment Agreement dated March 15, 2011, which has been amended on four prior occasions (the "Redevelopment Agreement"); and WHEREAS, the Redevelopment Agreement identified Redeveloper as the Master Developer for the Core Area of the Cedar Grove Redevelopment District (the "Redevelopment Property"); and WHEREAS, the Redevelopment Agreement granted Redeveloper certain exclusive rights to the Redevelopment Property until March 16, 2017; and WHEREAS, the Parties are desirous of extending the term of the Redevelopment Agreement and expanding the scope of the Redevelopment Property, all upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the mutual covenants and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. AMENDMENT OF REDEVELOPMENT AGREEMENT, A. Paragraph 2 of the Redevelopment Agreement is hereby amended to read as follows: UNDERTAKING AND EXCLUSIVE RIGHTs. In consideration of the time, effort and expenses to be incurred by the City and Redeveloper in pursuing the undertakings set forth herein, the City hereby agrees that for the term of this Agreement it will not: (i) provide or enter into an agreement for provision of financial assistance to any third party in connection with any proposed development within the Site; and (ii) condemn or agree to proceed with the condemnation of any property within the Site to assist or facilitate development within such area by a third party. Said exclusive rights shall continue, unless earlier terminated, as provided for herein, until December 31, 2017, or until such later date as the Parties may mutually agree. B. Paragraph 6 of the Redevelopment Agreement is hereby amended to read as follows: RECOVERY OF POSSIBLE COMMISSION. Redeveloper is hereby granted the permission to list the Redevelopment Property outlined on the attached. Exhibit "A" with the multiple Iisting service. In the event this Agreement is terminated as of December 31, 2017, Redeveloper shall be entitled to any commission on any prospective purchaser it has provided to the EDA through March 16, 2018. Redeveloper must provide its list of prospective purchasers by January 7, 2018. 2. REDEVELOPMENT PROPERTY. The Redevelopment Property shall consist of the properties outlined on the attached Exhibit "A," 3. No ADDITIONAL AMENDMENTS. Except as amended by paragraphs 1 and 2 above, all other terms of the Redevelopment Agreement shall remain in full force and effect. [Signature Pages to Follow] 2 Sixth Extension of amended and Restated Preliminary Redevelopment Agreement Signature Page of Eagan Economic Development Authority EAGA_N ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation By: Mike Maguire Its: President By: David M. Osberg Its: Executive Director STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of 2017, by Mike Maguire and David M. Osberg, the President and Executive Director of the Eagan Economic Development Authority, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public 3 Sixth Extension of amended and Restated Preliminary Redevelopment Agreement Signature Page of City of Eagan CITY OF EAGAN, a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: Christina M. Scipioni Its: Clerk STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of 2017, by Mike Maguire and Christina M. Scipinoi, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public M Sixth Extension of amended and Restated Preliminary Redevelopment Agreement Signature Page of Pratt Development, Inc. STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of "'�''=����� � 2017, by Leonard Pratt, the President of Pratt Development, Inc., a Minnesota corporation, on behalf of the corporation. THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MIST 55124 (952) 432-3136 (RBB: 206-26768) 5 EXHIBIT "A" r Agenda Information Memo March 7, 2016, Eagan City Council Meeting CONSENT AGENDA R. Authorize issuance of a Request for Proposal (RFP) for fiber construction projects Action To Be Considered: Authorize issuance of a Request for Proposal (RFP) for fiber construction projects. Facts: The fiber construction projects consist of running fiber to the Eagan Art House, Well #22, and extending AccessEagan fiber into northeast Eagan. ➢ All projects were budgeted in the 2017 budget in the Parks & Recreation CIP, Utilities CIP and AccessEagan operating budgets. ➢ The proposed RFP would be solicited on March 10" with bid opening being March 21St. The ancipated date of awarding the contract would be April 4th with construction starting shortly after. ➢ While the three fiber projects are independent of each other, it was determined that combining the projects would reduce overall build costs. Attachments: (0) To view the proposed RFP please contact the City Administrator's office. Agenda Information Memo March 7, 2017 Eagan City Council Meeting PUBLIC HEARING A. Northwest Parkway - MV Eagan — Viking Lakes Right -of -Way Vacation Action To Be Considered: Approve the vacation of Northwest Parkway right-of-way located within the MV Eagan/ Viking Lakes development in northeast Eagan, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ On August 30, 2016, City staff received a petition from Mark Wilf, President, MV Eagan Ventures, LLC, the property owner, requesting the vacation of existing public right-of-way and drainage and utility easements on multiple properties included within the proposed planned development project known as Viking Lakes located south of O'Neill Drive and west of Ames Crossing Road, in northeastern Eagan. ➢ The purpose of this request is to allow the recording of a final plat of the properties (Viking Lakes) for a proposed mixed-use development. The vacation of the public right-of-way cleans up the plat by avoiding any underlying recorded dedications. ➢ On October 4, 2016, the City Council held a public hearing and approved the vacation of public easements within the Viking Lakes development area. The vacation of Northwest Parkway right-of-way was inadvertently omitted from the Council action. ➢ This request would vacate all of the former Northwest Parkway right-of-way within the development. The public right-of-way was dedicated on the original, previous, plat at no cost to the City, to provide for public access, drainage and utility purposes. ➢ The new final plat, Viking Lakes, approved by the City Council on October 18, 2016, dedicated public right-of-way and drainage and utility easements to address the public streets and drainage and utility purposes for the new development, as well as existing infrastructure and conditions. The new right-of- way was dedicated as part of the new plat and was not acquired with City funds. ➢ Notices for a public hearing have been published in the legal newspaper and sent to all potentially affected and/or interested parties for comment prior to the public hearing. No objections have been received to date. ➢ This vacation request has been reviewed by the Public Works Department (Engineering Division) staff and found to be in order for favorable Council action. Attachments (3) PHA -1 Location Map PHA -2 Vacation Areas Exhibit PHA -3 Viking Lakes Plat Map of Location for Proposed Vacation, Lone Oak 3rd Addition, City Of Eap Northwest Parkway Right -of -Way Prepared by: City of Eagan GIS -TMS File: L:\USERS\ENGINEER\TStrid\Easement Vacations\Lone Oak 3rd Addition -Northwest Pkwy ROW Fig.1 an 01/17/2017 M., NOR Mg § // ƒ ! qGw | § [( - mA ; ��� . r ° ® §, LU 6 E Agenda Information Memo March 7, 2017, Eagan City Council Meeting PUBLIC HEARINGS B. Approve Minnesota Investment Fund Application for the expansion of Prime Therapeutics, LLC Actions To Be Considered: Adopt resolution authorizing and approving a Minnesota Investment Fund Application by Prime Therapeutics, LLC for its expansion in the City of Eagan and authorize the Mayor and City Clerk to execute related documents. Facts: ➢ Prime Therapeutics, LLC has existing office space in Eagan and elsewhere in the Twin Cities metropolitan area. The company is interested in consolidating and expanding its operations in Eagan. ➢ To support the expansion project, Prime Therapeutics, LLC is applying to the Minnesota Department of Employment and Economic Development (DEED) for a $1,000,000 Minnesota Investment Fund (MIF) forgivable loan. ➢ The company will create 200 jobs in the City with an average wage of approximately $26.00 per hour. ➢ Because local government units administer MIF awards, the City is required to hold a public hearing and authorize submittal of the application to DEED. At its meeting on February 17, 2017, the City Council scheduled the hearing to be held on March 7, 2017 and notice to that effect has been published in the legal newspaper. The full application is on file with the City and available for review. Issues: None Attachments: (4) PHB-1 Location Map PHB-2 Business Assistance Application PHB-3 MIF Application PHB-4 Resolution Authorizing and Approving MIF Application �dl v x z o A [�C ®x O CV C O U �p N N �p m 3 �0 N N U U C O Y m L+ O O ao��n m' a v 0 0 J e1BCY O Lo LLo L- O O CV C O U �p N N �p m 3 N N U U C O Y m L+ O O a a m' a v 0 J e1BCY O Lo CITY OF EAGAN PRE -APPLICATION BUSINESS ASSISTANCE FINANCING Legal name of applicant: Prime Therapeutics, LLC Address: 1305 Corporate Center Drive, Eagan, MN 55121 Telephone number: (612) 777-5955 Name of contact person: Liz Frank / Business Analyst, Real Estate & Facilities REQUESTED INFORMATION Addendum shall be attached hereto addressing in detail the following: 1. A map showing the exact boundaries of proposed development. 2. Give a general description of the project including size and location of building(s); business type or use; traffic information including parking, projected vehicle counts and traffic flow; timing of the project; estimated market value following completion. 3. The existing Comprehensive Guide Plan Land Use designation and zoning of the property. Include a statement as to how the proposed development will conform to the land use designation ad how the property will be zoned. 4. A statement identifying how the assistance will be used and why it is necessary to undertake the project. 5. A statement identifying the public benefits of the proposal including estimated increase in property valuation, new jobs to be created, hourly wages, and other community assets. 6. A written description of the developer's business, principals, history and past projects. I understand the Pre -Application is a tool through which the City will make an initial determination as to whether public financing assistance might be considered for the project. If so, I would intend to prepare and submit a formal application for business financing assistance. SIGNATURE Applicant's Signature: Date: February 3, 2017 Question No. 1 • Boulder Lakes 565 Lone Oak Rd Eagan, MN 55121 � sx 11 14 IGNs_pAh'4P 1 j ,LUItIN OR Question No. 2 r0m,y o, MIAMI LN ATTACHMENTS 20 5!ra3 /kRAi �_PuMS Eya POgi Prime Therapeutics is developing a build -to -suit facility which would serve to consolidate existing MN Operations and IT departments as well as hold future employee growth without greatly expanding Prime's overall real estate footprint. In order to facilitate Prime Therapeutic's consolidation of current MN Operations & IT departments, dispersed amongst four separate locations statewide, in addition to accommodating growth, approximately $25,000,000 in tenant improvements will be invested. Within three years of completed construction, roughly 200 new full-time jobs will likely be created. Question No. 3 The property locations in Eagan are currently guided for Major Office and zoned for office uses through 1-1 zoning and a Planned Development. Question No. 4 Prime Therapeutics seeks local support for facilitation of the Minnesota Investment Fund and Minnesota Job Creation Fund. The Minnesota Department of Employment and Economic Development has indicated a willingness to finance the project with $1,000,000 in Minnesota Investment Fund and $1,000,000 in Minnesota Job Creation Fund proceeds. This program requires local support to pass the funds through to the business. The proceeds will be used for tenant improvements to facilitate the growth of approximately 200 employees in the new Eagan corporate facility. ✓, V f p.ty MP.1,01fOP EDENPAAfRIEM15334a MNaldpafily LIGAN W—Yuse COMMERVAi•PREfMRED Ages 43.zp WatarA—, y.zz Squarefiet 7,883,z4E . WalerSgR poe,5g7 Sate vale $0 (Improved) PWName BOUIMMKE53RD TM jJF.aCfIOa BmldnytafoN bo Nq^ 14P. �9TK KIS WA i a � r � I fi� I ;yr.p r,(I Prime Therapeutics is developing a build -to -suit facility which would serve to consolidate existing MN Operations and IT departments as well as hold future employee growth without greatly expanding Prime's overall real estate footprint. In order to facilitate Prime Therapeutic's consolidation of current MN Operations & IT departments, dispersed amongst four separate locations statewide, in addition to accommodating growth, approximately $25,000,000 in tenant improvements will be invested. Within three years of completed construction, roughly 200 new full-time jobs will likely be created. Question No. 3 The property locations in Eagan are currently guided for Major Office and zoned for office uses through 1-1 zoning and a Planned Development. Question No. 4 Prime Therapeutics seeks local support for facilitation of the Minnesota Investment Fund and Minnesota Job Creation Fund. The Minnesota Department of Employment and Economic Development has indicated a willingness to finance the project with $1,000,000 in Minnesota Investment Fund and $1,000,000 in Minnesota Job Creation Fund proceeds. This program requires local support to pass the funds through to the business. The proceeds will be used for tenant improvements to facilitate the growth of approximately 200 employees in the new Eagan corporate facility. ✓, V f p.ty MP.1,01fOP EDENPAAfRIEM15334a MNaldpafily LIGAN W—Yuse COMMERVAi•PREfMRED Ages 43.zp WatarA—, y.zz Squarefiet 7,883,z4E . WalerSgR poe,5g7 Sate vale $0 (Improved) PWName BOUIMMKE53RD TM jJF.aCfIOa BmldnytafoN bo Nq^ 14P. Prime Therapeutics is developing a build -to -suit facility which would serve to consolidate existing MN Operations and IT departments as well as hold future employee growth without greatly expanding Prime's overall real estate footprint. In order to facilitate Prime Therapeutic's consolidation of current MN Operations & IT departments, dispersed amongst four separate locations statewide, in addition to accommodating growth, approximately $25,000,000 in tenant improvements will be invested. Within three years of completed construction, roughly 200 new full-time jobs will likely be created. Question No. 3 The property locations in Eagan are currently guided for Major Office and zoned for office uses through 1-1 zoning and a Planned Development. Question No. 4 Prime Therapeutics seeks local support for facilitation of the Minnesota Investment Fund and Minnesota Job Creation Fund. The Minnesota Department of Employment and Economic Development has indicated a willingness to finance the project with $1,000,000 in Minnesota Investment Fund and $1,000,000 in Minnesota Job Creation Fund proceeds. This program requires local support to pass the funds through to the business. The proceeds will be used for tenant improvements to facilitate the growth of approximately 200 employees in the new Eagan corporate facility. ✓, V Question leo. 5 The community will benefit from the increase in net new employment to the State and the creation of new jobs in the community. The positions will include: software engineers, system analysts, security engineers, IT architects, field operations teclu-icians, clinical pharmacists, claims specialists, pharmacy benefit database specialists, product operations specialists, pricing analysts, network analysts, and contract specialists. Average hourly wage rates will be approximately $15/hr plus $4.04/hr in benefits. The community will benefit from solidifying Prime Therapeutics as a major employer and industry -leader in the community and region. Question No. G See United Properties & Interstate Partners online at: http://www.uproperties.com/Paaes/default.aspx hqp://www.interstatepartners.com/ CITY OF EAGAN APPLICATION BUSINESS ASSISTANCE FINANCING GENERAL INFORMATION Business Name: '���/ �h%�� p��1CS Date: Address: prj�a� Type (partnership, etc.): Authorized Representative: Z,, FYA, n v- Phone: 12 TI 515 Description of Business: ( C.�fit MOW Legal Counsel: latrut" Address: m Yf, Phone: 56 2, FINANCIAL BACKGROUND 1. Have you ever filed for bankruptcy? 2. have you ever defaulted on a loan commitment? NJ 3. Have you filed for conventional financing for this project? N 4. List financial references: a> b) C) Z 5. Have you ever used Business Assistance Financing before? Y� If yes, what, where and when? J Cj IVl��d� 'OZ Name jN IP- t_qac �- TY an jo � PROJECT INFORMATION 1. Location of proposed project: 2. 3. Need for business assistance: whves� I n Ila( to �c MH- AN emplo�m-erk 4. Present ownership of site: w'n MOM 5. Number of permanent jobs created as a result of project: G. Estimated annual sales: Present: Future: 7, Market value of project following completion: 8. Anticipated start date: "-D RqCompletlon date: 1 3/ i /2-o --)-il Aohe FINANCIAL INFORMATION 1. Estimated project related costs: a) Land acquisition N M b) Site development` d- bbW c) Building cost OSDM 811611 4 25 M R ,l Qs >Tzra / d) Equipment 4EGM " >—ralA,nt4li t 1 ss 2 e) Architectural feed f) Legal fees) 1101M. 4M g) Off-site development costs TOTAL: ' 1 � o M --I-- 7- 2. Source of financing: a) Private financing institution b) Requested public assistant funds c) Other public funds d) Developer equity 4.24 9 TOTAL: 25M Real Pope- 25M I am submitting the business financing assistance application and related support: documentation for the purposes of requesting consideration of public financial support of my project. I understand that the application fee is non-refundable and that the escrow deposit will be used for City staff and consultant; costs associated with the review of this application, The balance of the escrow may be returned if the costs of review are less than the original deposit. The escrow may be partially refundable if the request for assistance is withdrawn. Refunds will be made at the discretion of the City Council and be based on the costs incurred by the City prior to the withdrawal of the request for assistance. If the initial application escrow is insufficient to cover all City costs of review, I will be responsible for additional deposits. SIGNATURE Applicant's Signature: Date: PLEASE INCLUDE: 1. Preliminary financial commitment from bank. - N/A - 5'e W °RACd 2. Plans and drawing of project, -,%UPoK F -INA 1I -M -If N 3. Background material of company,- Ki6 FWFoC*TiQ4N 4. Pro Forma analysis. S. Financial statements. 6. Statement of property ownership or control. - 7. Payment of application fee of $1,000 — 1.11 k3p,-IN Cz TD 8. Escrow payment $10,000 and Escrow Agreement .- "-L MIN& `fD i CERTIFICATE OF AMENDMENT TO CERTIFICATE OF FORMATION OF PRIME THERAPEUTICS LLC Pursuant to Section. 18-202 of the Delaware Limited Liability Company Act (6 Del. C. §§ 18-109. et seta.) the Certificate of Formation of the above -referenced Delaware limited liability company, originally filed on December 10, 2003, shall be amended by changing Article ii. of the Certificate of Formation to read as follows: H. Registered Office; Registered Agent The address of the registered office of the limited liability company in the State of Delaware is 2711 Centerville Road, Suite 400, Wihnington, Delaware 19808. The name of its registered agent at such address i.s Corporation Service Company. IN WITNESS WHEREOF, the undersigned authorized person has executed this Certificate of Amendment on January 12, 2005. Y. Timothy 1K Diclull n Its: President and Chief Executive Officer OPPE HEIMER: 2255367 v07 08/77/2004 SearaEar7 of�StatO Division of Corporations Delivered 11:52 AM 12,/10/2003 PIZ= 22,-.52 AM 121101200,9 SRV 030792358 - 3737739 FZ Z CERTIFICATE OF FOR1i1!lA,TIO14 PRIME THERAPl i TICS 4.LC T 's Cexti4=e- of FOMIation of a Delaware limited liability company is submitted piuM=t to ScctiOn 19-201 of the Delaware Code: L 1°�ia�xe ofLit�"ted L4�Isihi moan a The name of the iiraaif+ d liability company is: Prime Therapeutics LLC fto ROWer6d MSS 0 -4 -10 -red A geut The address of the regiftred office of fhe limited liabi€itty company in xhe State cif Delaware is Carpaxaizan Tnui enter, 1209 orange Stxot�f, WilnjinWon, Delaware 1980, in the City of 'W"ihA00n, COU my of Castle. The name fits registered agent at such address is The COMM ratia>i Tnist Company. IN WrMSS V41EUOF, the "adersignedaphorized person las executcd this Cerdflclde of'Formation an DecWnber 10, 2003. l rVi,E' Dead Cqui> sell Authored Person 148546( voi ogW/1403 APPLICATION PROCEDURES The Minnesota Investment Fund (MIF) Program provides loans to businesses that create or retain high -paying, full-time permanent jobs, and invest in machinery or real property acquisition or improvements. The program is available statewide for manufacturing, distribution, warehousing, and other eligible business activities. Applications are accepted on a year-round basis as funds are available. To receive funds, a business must work in conjunction with the local or county government where the business will be located. A MIF application must be completed and submitted to the Department of Employment and Economic Development (DEED). Step-by-step instructions are listed below and applications may be submitted by mail or email to the Loan Officer for the appropriate region of the state. Please consult with your DEED loan officer before completing this application. COMPLETING THE APPLICATION In consultation with DEED, the local government will make a preliminary determination about whether a business meets the minimum program requirements. Use the MIF Eligibility Checklist on the program website for guidance. If a business is potentially eligible, the following steps are completed: 1. The business provides the information to the local government needed to complete the MIF Application. The local government must submit the completed application to DEED. Please utilize application checklist to ensure application is completed correctly. 2. DEED evaluates the application and notifies the local government and business of approval or denial. If approved, DEED will determine a maximum funding amount and job creation requirements. 3. Jobs created and/or capital investment expenditures maybe counted after the business is formally notified by DEED that an award has been made. If hiring needs to begin sooner, please discuss the business needs with your DEED Loan Officer. 4. DEED will draft a Contract specifying the details of the award and job creation requirements. The local government and the DEED commissioner sign the Contract. 5. After the Contract is fully executed, the local government will enter into a Loan Agreement with the business. MIF funds will be paid on a reimbursement basis after required documentation verifying expenditures is submitted. 6. The local government will submit required annual progress reports, payment request documentation, and other information requested by DEED. 11/28/16 MINNESOTA INVESTMENT FUND (MIF) PROGRAM APPLICATION SECTION 1- LOCAL GOVERNMENT APPLICANT INFORMATION Local Government Applicant: Local Government Contact Name and Title. City of Eagan Jill Hutmacher / Community Development Director Email. Telephone- JHutmacher@cityofeagan.com (651)675-5653 Address- City/State/Zip. 3830 Pilot Knob Rd Eagan, MN 55122 PART A — Local Resources & Financing Request Does local government have a Revolving Loan Fund? ® Yes ❑ No *A copy of the Local Government's Revolving loan fund Policies must be submitted with this application If yes: What is the balance of the revolving loan fund? $278,000 with $40,000 of it committed What is the local government committing to this project (please provide specifics)? The City is not committing local funding to this project. Is the applicant up to date with the filing of Minnesota Business Assistance Forms? ® Yes ❑ No Is the applicant up to date with the filing of MIF Revolving Loan Fund annual reports? ® Yes ❑ No ❑ N/A What is the requested MIF loan amount? $1,000,000 What rate and term is the local government proposing for the new MIF loan funds? $1,000,000 (forgivable) What collateral will be pledged for the MIF loan? Machinery & Equipment What will the MIF funds be used for (attach estimates)? Wireless Access Networking & Access Points PART B — Community Needs Include a project narrative which addresses the following areas as appropriate. Describe your community and economic development needs in detail and identify priorities and strategies for resolving these needs based on the following criteria. 1 Economic vulnerability of the community (Examples: need to diversify industrial base, underemployment of labor pool, labor pool needs); 2. Events contributing to a unique situation (Examples, recent loss of large employer, labor pool dependent upon one sector or industry, seasonality of employment, natural disaster); 3 Out migration due to lack of jobs (provide data showing a recent population decline due to lack of employment); 4. Project will support the economic viability of underserved businesses (e g veteran, minority, disabled, or women owned); 5 Tax Base- An increase in the value of the parcel(s) of land that will be directly assisted by the project (Provide a letter from the county/city assessor) 11/28/16 PART C — Citizen Participation 1. A public hearing is required to provide citizen notification and involvement prior to submitting the application. Submit a copy of the public hearing minutes, a copy of the public notice and affidavit of publication, and the Local Government Resolution. 2. Samples of the public hearing notice and the Local Government Resolution are attached as Exhibits A & B. PART D — Business Credit Check 1 The following information searches on the business and owners holding 10 percent or more of the business must be acquired and reviewed prior to passing the Local Government Resolution: lien/judgment, criminal record, pending lawsuit, credit status, bankruptcy Provide a short narrative describing the steps completed for due diligence. 2. Attach a narrative describing the local governments' ability to manage the grant, revolving loan fund, state and local compliance requirements, and the implementation of the project. PART E — Financial Analysis 1 The local government must conduct a financial underwriting analysis of project/business financials for the proposed project. 2. What were the findings of your financial analysis? Ehlers review letter is attached 3 Please attach a copy of the lead lender's credit presentation with this application. PART F — Project Compliance with State Statutes & Rules All businesses receiving a MIF loan must abide by the following statutes and rules. 1. Minnesota Statutes, Section 18159 Prohibits discrimination in contracts. 2. Minnesota Statutes, Section 363A 08. Prohibits unfair discrimination practices related to employment or unfair employment practices. 3 Minnesota Statutes Chapter 363 Minnesota Human Rights Act Requires that all public services be operated in such a manner that does not discriminate against any person in the access to, admission to, full utilization of or benefit from such public service. 4. Minnesota Statutes, Sections 176.181-176.182. Requires recipients and subcontractors to have worker's compensation insurance coverage 5. Minnesota Statutes, Sections 290.9705. Requires that 8 percent of payments made to out-of-state contractors be withheld once cumulative payments made to the contractor for work done in Minnesota exceed $50,000 in a calendar year, unless a waiver is granted by the Department of Revenue. 6. Minnesota Statutes, Section 116J 871 Requires recipients of $500,000 or more of state loan funds to be used for construction to ensure that prevailing wages are paid to laborers and mechanics at the project construction site 7. Minnesota Statutes Sections 47187 and 47188 Forbids public officials from engaging in activities which are, or have the appearance of being, in conflict of interest. 8 Minnesota Statutes 116J.993-995. Business Subsidy laws apply to this project 9. Minnesota Statutes, 116J 8731. Minnesota Investment Fund laws apply to this project 10. Minnesota Investment Fund, Rules Chapter 4300 11. Minnesota Statutes, Chapter 13. The Minnesota Government Data Practices Act provides guidance on data privacy related to this project. 11/28/16 3 LOCAL GOVERNMENT CERTIFICATION: If an award is provided for the project, the information contained in the application will become a matter of public record with the exception of those items protected under the Minnesota Government Data Practices Act found in Minnesota Statutes, Chapter 13. 1 also certify compliance with the appropriate State Statutes and Rules as stated in the accompanying Local Government Resolution. I have read the above statement and I agree to supply the information requested to the Minnesota Department of Employment and Economic Development, Office of Business Finance with full knowledge of the information provided herein. I certify the information contained herein is true and accurate Name/Title of Local Government Official. Signature of Local Government Official: Date, 11/28/16 4 CITY OF EAGAN, MINNESOTA RESOLUTION NO. RESOLUTION AUTHORIZING AND APPROVING MINNESOTA INVESTMENT FUND APPLICATION FOR A FORGIVEABLE LOAN IN CONNECTION WITH PRIME THERAPEUTICS LLC BE IT RESOLVED that the City of Eagan, a Minnesota municipal corporation, (the "City") act as the legal sponsor for a forgivable loan to the Minnesota Investment Fund for certain improvements and expansion to be undertaken by Prime Therapeutics LLC for its Eagan facilities (the "Project") and that the City is hereby authorized to apply to the Department of Employment and Economic Development for funding of the Project on behalf of the City. BE IT FURTHER RESOLVED that the City, on behalf of Prime Therapeutics LLC, has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate construction, operation, maintenance of the Project. BE IT FURTHER RESOLVED that the City has not violated any Federal, State, or local laws pertaining to fraud, bribery, 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 City may enter into an agreement with the State of Minnesota for the Project and that the City certifies that it will comply with all applicable laws and regulations as stated in all contract agreements and described in the Project Compliance Certification of the application. BE IT FURTHER RESOLVED that the City has obtained credit reports and credit information from Prime Therapeutics LLC. Upon review by the City's legal counsel, no adverse findings or concerns regarding, but not limited to, tax liens, judgments, court actions, and filings with state, federal and other regulatory agencies were identified. Failure to disclose any such adverse information could result in revocation or other legal action. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, the Mayor and City Clerk, or their successors in office, are hereby authorized to execute such agreements, resolutions and amendments thereto, as are necessary to implement the Project on behalf of the City. ADOPTED by the City Council of the City of Eagan this 7th day of March, 2017. 1 Ayes: Nayes: Attest: CERTIFICATION Mike Maguire Its: Mayor Christina M. Scipioni Its: Clerk I, Christina M. Scipioni, Cleric 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 7th day of March, 2017. Christina M. Scipioni, Clerk 2 Agenda Information Memo March 7, 2017, Eagan City Council Meeting PUBLIC HEARING C. Certification of Delinquent Utilities Action To Be Considered: To close the public hearing and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. Facts: ➢ The City Code allows for collection through certification of delinquent utility bills which are not paid. ➢ At the February 7, 2017 City Council meeting, a public hearing was scheduled for the March 7, 2017 City Council meeting. ➢ The City currently has approximately 947 utility bill accounts with delinquent balances. The assessable amount of these accounts is $206,784.29. If certified, 3.5% interest is added to the balance. ➢ All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ➢ 67 or 7% of the utility accounts due for certification have had a Sheriff's Sale since January 1, 2012. 2 accounts had a Sheriff's sale in 2017, 7 accounts in 2016, 7 accounts in 2015, 7 accounts in 2014, 4 accounts in 2013, and 14 accounts for 2012. ➢ At the same time in 2016, the City had approximately 1,020 utility bill accounts with delinquent balances that totaled $222,281.54. Attachments: (1) PHC-1 Delinquent account list Delinquent Account Listing Account # Service Address Certification Balance 0010206506 4301 AMBER DR $ 172.73 0010701704 1384 AMARYLLIS LANE 351.75 0010901502 4296 SVENSK LANE 152.77 0011103306 4461 WOODGATE CT 60.80 0012026209 2017 PIN OAK DR 82.59 0012205506 650 ATLANTIC HILL DR 221.99 0012505004 1515 CLEMSON DR 125.19 0012802807 4725 LUND PT 128.24 0012840609 1934 BERKSHIRE DR 166.08 0024209900 1516 WOODVIEW AVE W 111.60 0024213209 3421 HIGHLANDER DR 205.69 0024213407 3425 HIGHLANDER DR 1,082.09 0025013707 3813 HEATHER DR 174.87 0025505504 1561 JOHNNY CAKE ALCOVE 1,014.17 0035501709 1432 SKYLINE RD 231.24 0010102200 2134 SHALE LANE 280.49 0024004806 1750 FLAMINGO DR 427.05 0036300218 1420 SKYLINE RD 355.84 0010300200 4266 AMBER DR 252.26 0010303303 4253 JASPER DR 369.10 0010311801 2070 DIFFLEY RD 43.14 0010403400 4272 SANDSTONE DR 134.41 0010603405 4242 LODGEPOLE DR 308.33 0010712206 4358 DUNROVIN LANE 72.59 0013193909 2207 MARILYN AVE 229.95 0036804003 3887 WORCHESTER DR 297.09 0010900702 1376 BALSAM ST E 143.83 0010905107 1346 EASTER LANE 286.21 0011100906 4448 WOODGATE CT 100.88 0011106408 4456 WOODGATE PT 58.13 0012902300 4492 CLOVER LANE 139.61 0025653205 3681 ROBIN LANE 371.14 0011123007 4387 WOODGATE LANE N 114.24 0011204609 4319 METCALF DR 114.84 0011506201 4304 KAUFMANIS WAY 151.24 0011701802 1977 BADGER CT 295.24 0011707502 1971 TIMBER WOLF TR S 267.17 0011710308 1948 BEAVER DAM CT 61.34 0011711900 4326 BEAR PATH TR 220.72 0011719804 4297 SUNRISE RD 235.46 0011735404 4310 FOX RIDGE RD 81.42 0011804101 1563 LANCASTER LANE 125.47 0011806007 4635 KINGSBURY DR 326.11 0011813805 4785 BEACON HILL RD 79.10 0011815909 4705 COVINGTON CIR 73.68 0011903200 1640 SHERWOOD WAY 145.52 1 Delinquent Account Listing Account # Service Address Certification Balance 0012011201 2105 VIENNA LANE 143.69 0012016614 2086 KINGS RD 123.65 0012022208 1989 SAFARI TR 337.58 0024324501 3757 DENMARK TR W 354.29 0012102901 1074 KIRKWOOD DR 60.04 0013178603 1005 TRILLIUM CT 275.10 0012109500 4568 HORIZON CIR 93.48 0012134805 780 COUGAR DR 166.34 0012105607 1084 KIRKWOOD DR 73.03 0012228102 4306 TRENTON TR 164.21 0013134804 4269 ROSEMARY CT 337.69 0012239208 4483 WHITETAIL WAY 246.67 0012303707 4648 RIDGE CLIFFE DR 67.52 0012306809 4676 PENKWE WAY 160.30 0012462008 4392 HAMILTON DR 233.19 0012515003 1546 CLEMSON DR 225.01 0036905701 710 BRENTWOOD LANE 169.02 0012603106 2099 CLIFFVIEW DR 299.87 0012608204 4532 SCOTT TR 254.46 0012625406 4403 SLATER RD 267.33 0012631602 4469 CINNAMON RIDGE CIR 1,023.86 0011703006 4265 BEAVER DAM RD 156.62 0012826806 4742 PONDVIEW DR 620.66 0012838702 1933 BERKSHIRE DR 169.94 0013002100 4618 PARKRIDGE DR 173.82 0013103007 643 CRIMSON LEAF TR 247.54 0013145701 989 WILDFLOWER CT 33.34 0012244307 4237 YORKTOWN DR 134.98 0012034609 2033 ROYALE DR 95.75 0023103104 2175 GARNET PT 124.69 0023112006 2060 EMERALD LANE 237.26 0023207707 1995 ZIRCON LANE 122.98 0023304900 2057 BLUESTONE LANE 209.32 0023505605 4058 RAHN RD 205.69 0025727801 1740 TALON TR 99.20 0023803604 3966 MICA TR 185.38 0012907507 4401 CLOVER LANE 67.03 0023907603 1782 BLUESTONE DR E 116.78 0023909807 1798 TACONITE TR 343.96 0023912405 1770 GABBRO TR 179.20 0023917800 4156 MEADOWLARK WAY 59.23 0024009102 1738 BLUEBILL DR 96.71 0023102304 4084 DIAMOND DR 201.88 0023509003 4059 OLIVINE DR 333.05 0024309106 1282 TIMBERSHORE LANE 88.80 0024333809 3866 DENMARK AVE 216.51 2 Delinquent Account Listing Account # Service Address Certification Balance 0011303500 1381 LAKESIDE DR 189.54 0024465908 1434 KINGS WOOD RD 297.62 0024511800 3945 WESTBURY DR 179.54 0025005208 3871 DOLOMITE DR 145.42 0025012600 3802 HEATHER DR 209.49 0037121001 861 TROTTERS RIDGE 121.46 0025110404 1601 PACIFIC AVE 311.11 0038301701 842 GOVERN CIR 575.08 0025201203 1526 LAKEVIEW CURVE 115.78 0025310988 1446 ROCKY LANE 261.44 0013284104 551 CAYLI N CT 534.12 0024337305 1320 DRESDEN CT 303.57 0035508001 1430 SKYLINE RD 65.44 0036105401 3363 HERITAGE LANE 450.17 0036107605 3318 DONALD AVE 317.69 0036107928 3305 DONALD AVE 189.88 0036112589 3147 FARNUM DR 348.20 0036204105 1590 RUSTIC HILLS DR 183.52 0036308500 2804 BEAM LANE 358.47 0036407104 1335 QUARRY LANE 206.44 0036408003 1330 TOWERVIEW RD 167.39 0036430502 3080 SHIELDS DR 104 116.35 0036434207 3085 SHIELDS DR 139.97 0036500692 1256 TRAPP RD 44.05 0023409303 3771 SIBLEY MEMORIAL HWY 608.62 0036504108 2810 LEXINGTON AVE S 815.87 0036506301 1046 KENNETH ST 168.46 0036507606 1065 BEATRICE ST 72.48 0036607505 645 RITA CT 337.16 0036608206 616 SALLY CIR 226.35 0036610004 3200 DODD RD 111.56 0036815306 4032 STONEBRIDGE DR S 210.99 0037100203 4190 BRADDOCK TR 214.16 0037103108 831 VENTNOR AVE 151.67 0037104304 4178 PENNSYLVANIA AVE 93.88 0037105103 4188 READING 298.65 0037708005 1043 BRIAR CREEK RD 514.66 0037801503 1014 TICONDEROGA TR 367.25 0013221908 538 MAJESTIC OAKS CT 268.88 0023710601 3820 COUNTRY CREEK WAY 236.85 0038003703 819 PROMONTORY PL 425.16 0038220208 4040 CAMBERWELL DR N 283.71 0012206900 627 ATLANTIC HILL DR 129.68 0023304108 2101 CARNELIAN LANE 251.62 0037710902 1057 KETTLE CREEK RD 120.86 0011816907 4731 COVINGTON CT 132.54 Delinquent Account Listing Account # Service Address Certification Balance 0036404903 3177 JURDY CT N 111.19 0013254305 689 MCFADDENS TR 51.75 0013106604 2007 SAFARI HEIGHTS TR 160.62 0038010005 3770 LINDEN LANE 352.24 0013167309 4701 STRATFORD LANE 244.32 0024521304 3912 WESTBURY WAY 329.59 0010310704 2067 CORAL LANE 71.03 0013175005 683 CRIMSON LEAF TR 249.15 0012028601 2032 VIENNA LANE 31.93 0011126703 4310 WOODGATE LANE N 207.25 0012314605 4646 PENKWE WAY 116.58 0038254306 701 GRANITE DR 118.52 0011732609 4350 FOX RIDGE CT 129.52 0025208406 1615 BLACKHAWK LAKE DR 223.00 0036406015 3206 JURDY CT S 239.88 0013141106 4688 BRISTOL BLVD 168.40 0024511909 3951 WESTBURY DR 159.11 0011515400 4215 JUNIPER PT 68.55 0011743804 1885 DEER HILLS TR 1,056.49 0036401917 1352 JURDY RD 140.98 0013147608 1051 WALNUT RIDGE DR 102.49 0024117004 3830 RIVERTON AVE 271.39 0012307609 1649 COVINGTON LANE 151.98 0038204608 611 EDEN CIR 204.28 0023300908 4050 DIAMOND PT 321.24 0012608303 4534 SCOTT TR 145.59 0013162607 1600 WEXFORD CIR 78.16 0013189105 4808 WESTON HILLS DR 339.41 0012648903 2246 WHISPERING TR 136.94 0013131602 605 MCFADDENS TR 280.51 0023804107 3936 MICA TR 78.94 0013216205 1900 RIDGECREST CIR 153.11 0025105107 1629 BOARDWALK 211.90 0012912309 4416 CLOVER LANE 52.89 0012608808 4550 SCOTT TR 198.20 0025004201 3891 DOLOMITE DR 85.86 0035501808 1436 SKYLINE RD 137.72 0012711206 1847 KARTS WAY 74.32 0038261509 928 TRAIL CT 404.11 0013107305 2035 SAFARI HEIGHTS TR 255.01 0012403408 4585 LAKE PARK DR 206.98 0012436705 952 JEFFERSON LANE 97.97 0013192000 535 WHITE PINE WAY 360.26 0023106909 4144 DIAMOND DR 213.55 0012215703 4215 VALLEY FORGE PL 145.19 0012911509 4448 A CLOVER LANE 252.31 2 Delinquent Account Listing Account # Service Address Certification Balance 0012909503 4431 CLOVER LANE 124.00 0010701001 4395 GARDEN TR 254.54 0036813806 4017 STONEBRIDGE DR S 570.88 0013209705 1713 BRANT CIR 191.02 0012242707 4500 WHITETAIL WAY 115.41 0012100707 4595 MAPLE LEAF CIR 204.56 0011737509 4281 FOX RIDGE RD 429.59 0024331100 1320 DEERCLIFF LANE 148.62 0011803509 1584 LANCASTER LANE 131.60 0011816303 4713 COVINGTON CIR 106.85 0013208400 4296 GADWALL CT 220.90 0025660200 1587 ANTLER PT 220.63 0012904009 4464 CLOVER LANE 86.08 0037116902 4036 PENNSYLVANIA AVE 377.47 0025644303 1486 VIOLET LANE 62.46 0011726601 4301 SUN CLIFF RD 230.21 0013196506 4938 RUSTEN RD 138.50 0024406308 1655 BLACKHAWK COVE 1,242.68 0023307606 2082 BLUESTONE DR E 175.49 0012632667 4462 CINNAMON RIDGE TR 212.55 0012205001 745 GOLDEN MEADOW RD 292.29 0012808804 1757 KARIS WAY 224.79 0012223301 4279 VALLEY FORGE PL 199.11 0012203501 4352 STIRRUP ST 107.20 0036723302 3247 HILLSIDE CT 88.24 0010604601 4271 SEQUOIA DR 95.57 0012280855 689 HAY LAKE RD N 116.81 0012624300 4429 SLATER RD 1,014.88 0037022407 3663 CARDINAL WAY 298.33 0012838306 4717 BERKSHIRE CT 121.31 0011701000 1972 CHIPMUNK CT 100.94 0023213903 2053 FLINT LANE 113.75 0023710304 3828 COUNTRY CREEK WAY 293.53 0010906501 1395 SIGFRID ST E 376.96 0023905300 4054 HALITE LANE 147.65 0023100506 4152 NICOLS RD 266.82 0025208109 1595 BLACKHAWK LAKE DR 1,048.49 0013149703 4331 JENNIFER CT 255.30 0012712808 1846 KARTS WAY 89.76 0012436200 4448 HAMILTON DR 204.15 0011916400 1520 WELLINGTON WAY 102.23 0038012209 3761 BAYBERRY LANE 468.48 0010814903 4557 CLIFF RIDGE CT 119.24 0010902302 1355 BALSAM ST E 170.90 0036803302 3820 FAIRHAVEN RD 373.07 0024314700 1173 TIMBERSHORE LANE 732.68 5 Delinquent Account Listing Account # Service Address Certification Balance 0037111101 4144 NEW YORK AVE 95.73 0011732807 4346 FOX RIDGE CT 120.67 0012535308 1614 CLEMSON DR 66.56 0012703104 4654 PELLO CIR 158.51 0037020104 3680 FALCON WAY 450.40 0037117603 844 NORTHVIEW PARK RD 126.77 0025113705 3554 COACHMAN RD 148.67 0012280673 659 OVERHILL RD 1,189.55 0024318701 1237 TIMBERSHORE LANE 54.34 0012280624 668 OVERHILL RD 467.22 0012309001 4647 RIDGE CLIFFE DR 98.81 0025500406 3760 BLACKHAWK RD 178.51 0036233203 1611 SKYLINE PATH 141.03 0012022802 1966 SAFARI TR 285.62 0023109408 2095 GARNET LANE 170.08 0013107404 2039 SAFARI HEIGHTS TR 206.83 0036917003 3633 WINDTREE DR 261.85 0010805406 1269 VILDMARK DR 125.02 0012300604 4699 RIDGE CLIFFE DR 161.82 0038304507 3877 BIG TIMBER TR 295.17 0013106901 2019 SAFARI HEIGHTS TR 130.89 0036404804 3171 JURDY CT N 182.70 0012224200 4289 TRENTON TR 145.66 0024006504 1751 FLAMINGO DR 164.62 0023304009 2097 CARNELIAN LANE 310.22 0012318309 4616 1/2 RIDGE CLIFFE DR 160.35 0012120408 1021 WEDGWOOD LANE S 152.79 0012305801 1652 COVINGTON LANE 189.57 0037612702 3842 MILL RUN LANE 248.35 0013211503 1785 BRANT CIR 213.52 0012245502 4389 YORKTOWN DR 63.61 0038302808 826 BALD LAKE CT 173.54 0024314809 1175 TIMBERSHORE LANE 147.36 0010801306 4454 CHES MAR CIR 87.10 0038237400 3694 WILLBROOK CT 192.39 0037607207 661 BRIDLE RIDGE RD 360.60 0013139100 4691 BRISTOL BLVD 425.98 0010301703 4265 LIMESTONE DR 222.41 0012645305 4813 WHISPERING CT 207.95 0037811205 979 NORTHVIEW PARK RD 447.45 0024404600 1690 BLACKHAWK COVE 266.28 0011402104 4263 MALMO LANE N 166.42 0011716313 4300 BLACKHAWK RD 289.21 0010201200 2073 QUARTZ LANE 295.32 0038288908 894 OAK CT 220.93 0036405900 3211 JURDY CT S 57.11 N Delinquent Account Listing Account # Service Address Certification Balance 0025692906 1630 OAKBROOKE DR 189.11 0012215406 4202 VALLEY FORGE PL 188.96 0010512804 1633 HICKORY HILL 84.94 0012624201 4431 SLATER RD 337.77 0012430302 4328 LEXINGTON POINTE PKWY 128.30 0035505502 2981 LEXINGTON AVE S 77.62 0025688904 1688 OAKBROOKE WAY 185.36 0011003100 1708 HICKORY HILL 124.16 0010105609 2091 SHALE LANE 381.95 0037904208 3673 WESCOTT HILLS DR 382.68 0024106700 1714 SARTELL AVE 80.27 0010311405 2090 DIFFLEY RD 228.67 0012247300 4250 AUGUSTA LANE 193.30 0012205209 670 ATLANTIC HILL DR 380.99 0036202604 2954 SIBLEY MEMORIAL HWY 1,944.51 0023109309 2087 GARNET LANE 227.28 0025310202 1432 CUTTERS LANE 439.36 0011717303 4237 SUNRISE RD 303.50 0012623302 4548 CINNAMON RIDGE TR 239.09 0036204501 2880 SIBLEY HILLS DR 207.53 0025006909 3833 HEATHER DR 102.99 0012809505 4677 SORREL PT 62.96 0038311502 497 CHAPEL CT 478.42 0010607109 4393 SEQUOIA DR 85.20 0012440004 4362 LIVINGSTON DR 54.20 0024830705 1152 BLUE HERON CT 49.34 0012615209 4482B CINNAMON RIDGE TR 169.70 0012910501 44478 CLOVER LANE 432.32 0023105109 2100 GARNET LANE 114.20 0011622834 590 GREENLEAF DR S 264.09 0025616202 4165 CASHELL GLEN 202.11 0036307007 2930 PILOT KNOB RD 123.16 0025203100 1406 BLACKHAWK LAKE DR 285.94 0012120309 1017 WEDGWOOD LANE S 180.44 0013237706 907 OAKWOOD HEIGHTS CIR 138.17 0024512303 3920 WESTBURY DR 129.67 0011007606 1745 HICKORY HILL 1,009.23 0037706900 3876 GIBRALTAR TR 152.64 0013113501 4428 SUMMER CT 258.83 0011726908 4291 SUN CLIFF RD 349.00 0012832002 4754 RIDGE WIND TR 167.69 0012613204 4516 CINNAMON RIDGE TR 139.46 0011304607 4514 OAK LEAF CIR 180.40 0023305808 2021 BLUESTONE LANE 161.72 0012808002 4685 ALTA PT 116.88 0038209508 4083 PRAIRIE RIDGE RD 218.77 7 Delinquent Account Listing Account # Service Address Certification Balance 0023211808 2054 CARNELIAN LANE 280.40 0025716101 4130 OAKBROOKE CURVE 76.65 0012623807 4534 CINNAMON RIDGE TR 85.34 0024715104 1355 CHATTERTON RD 315.95 0025715608 4113 OAKBROOKE CURVE 474.53 0010705408 1348 COSMOS LANE 155.57 0012708988 1840 NARVIK CT 163.21 0010606101 4343 SEQUOIA DR 144.24 0023507700 4034 BERYL RD 553.24 0035510502 3955 DODD RD 209.10 0011910403 1634 NORWOOD DR 98.80 0024429904 1261 WIN DCRESTAVE 132.13 0036512309 1069 KEEFEST 238.52 0023508500 4064 MICA TR 177.21 0011100401 4440 WOODGATE CT 70.97 0010700904 4396 GARDEN TR 136.81 0036608800 629 SALLY CIR 1,009.48 0012827101 4725 RIDGE WIND TR 99.08 0036120509 3146B FARNUM DR 158.35 0012016101 2062 VIBURNUM TR 255.94 0038254504 709 GRANITE DR 242.68 0025011909 3808 WILLOW WAY 68.75 0010711505 4357 DUNROVIN LANE 118.56 0013238506 4677 NICOLS PT 129.77 0011206703 4336 MEDARYAVE 306.50 0036510303 1069 MCKEE ST 206.55 0025603002 3943 CLIPPERS RD 367.17 0036308401 1310 AVALON AVE 462.10 0038248407 609 COVENTRY PKWY 431.46 0010611309 1439 HEMLOCK CIR 167.14 0013264908 4413 WOODGATE COVE 229.33 0012644100 2265 JAMES CT 169.68 0023509805 4022 MICA TR 196.86 0023908601 1795 CARNELIAN LANE 187.52 0036147502 3130B FARNUM DR 177.66 0025205907 1509 BLACKHAWK RIDGE WAY 282.78 0013264700 4410 WOODGATE COVE 168.56 0012605507 2115 CLIFFHILL LANE 289.99 0037806304 3922 BOSTON CIR 83.92 0010210607 4251 DIAMOND DR 216.73 0012429502 4354 BRADDOCK TR 159.98 0025725805 1715 TALON TR 103.71 0024202806 1535 GREENWOOD CT N 171.45 0013122502 4392 TOFTE LANE 276.39 0036116705 1624 DONALD CT 86.93 0011123700 1754 DRAKE DR 127.38 D Delinquent Account Listing Account # Service Address Certification Balance 0011800901 4651 BEACON HILL RD 1,115.74 0036310704 2950 BURNSIDE AVE 366.24 0023808207 4013 LIMONITE LANE 183.71 0011729308 4308 SUN CLIFF RD 216.81 0024220709 3669 ASHBURY RD 168.21 0024305203 3667 DENMARK AVE 204.86 0038207205 4136 COUNTRYVIEW DR 145.00 0025708009 1523 DEERWOOD BEND 263.66 0037701109 3931 PRINCETON TR 305.11 0012618906 4504 SLATER RD 88.90 0025718909 1827 JOURDAN CT 1,067.92 0012023107 4883 SAFARI PASS 286.73 0012245205 4371 YORKTOWN DR 191.54 0013206909 4304 PINTAIL CT 138.95 0013269907 1617 MARINA LANE 68.02 0023112402 2106 OPAL DR 1,055.49 0024606501 1179 KITTIWAKE CIR 311.77 0012610200 4535 SCOTT TR 168.31 0023609308 3872 CINNABAR DR 235.76 0025111303 3569 BALTIC AVE 326.14 0011721206 4294 BEAVER DAM RD 325.36 0023607609 1778 TURQUOISE TR 234.54 0038272803 1288 PROMENADE PL 3,884.76 0012628202 4461 SLATER RD 421.42 0025710104 1490 DEERWOOD BEND 286.54 0024204406 1524 GREENWOOD CT N 1,198.18 0037700903 3919 PRINCETON TR 186.90 0037707700 1031 BRIAR CREEK RD 272.86 0010310605 2063 CORAL LANE 309.53 0025727702 1744 TALON TR 352.64 0024335903 3822 DEERCLIFF CT 213.83 0012601803 4471 SCOTT TR 216.95 0037023009 3685 CARDINAL WAY 231.35 0025727405 1756 TALON TR 293.17 0023919103 4126 MEADOWLARK WAY 128.42 0089910805 3567 LEMIEUX CIR 55.70 0023418601 3710 KNOLL RIDGE DR 48.15 0012002408 1943 SAFARI TR 118.19 0013105002 629 HACKMORE DR 79.28 0036431609 3060 SHIELDS DR 105 79.68 0037204906 3651 GREENSBORO DR 157.98 0036508307 1070 BEATRICE ST 125.20 0011732500 4352 FOX RIDGE CT 168.17 0023916307 4188 SOUTH MEADOWLARK RD 132.34 0011111903 1700 WOODGATE LANE 74.66 0011708708 1952 TIMBER WOLF TR S 205.32 2 Delinquent Account Listing Account # Service Address Certification Balance 0025014408 3823 HEATHER DR 109.66 0023801806 4001 PUMICE LANE 320.55 0024204208 1528 GREENWOOD CT N 133.58 0024335002 3805 DENMARK AVE 221.34 0037015807 3604 FALCON WAY 93.08 0013249701 1475 PINETREE TR 137.28 0011735107 4302 FOX RIDGE RD 223.00 0012625703 4416 SLATER RD 178.12 0025723008 2248 LIBERTY LANE 73.65 0012505806 15238 CLEMSON DR 100.34 0012221701 4292 TRENTON TR 170.40 0038229803 524 FROMME CT 419.85 0037203007 3795 GREENSBORO DR 500.38 0012806501 4688 HORTEN PT 167.39 0024106809 1710 SARTELL AVE 107.91 0011708906 1944 TIMBER WOLF TR S 187.65 0013223102 4921 PINE LANE 266.32 0012102406 4586 CANTEBURY CIR 178.73 0036140507 1602 SNOWFLAKE DR 144.49 0012007605 2059 PIN OAK DR 184.45 0011700705 1961 CHIPMUNK CT 94.99 0024000705 3786 RED ROBIN LANE 279.72 0023704703 3956 TURQUOISE CIR 246.81 0012640702 4745 WHITE OAK CT 153.33 0023607906 3957 PERIDOT PATH 322.54 0036105617 3240 HERITAGE LANE 214.68 0010108702 4352 DIAMOND DR 216.46 0036610103 3240 DODD RD 175.56 0015504210 4871 BISCAYNE AVE 50.00 0023308307 3959 BERYL RD 108.71 0024312209 1182 TIMBERSHORE LANE 207.74 0013137500 524 WESTON HILLS CT 258.38 0013195904 4955 RUSTEN RD 426.12 0036148203 3122 FARNUM DR 170.80 0023205008 2004 EMERALD LANE 100.19 0036815504 717 CASTLETON LANE 341.39 0012300406 1688 COVINGTON LANE 50.53 0013246004 4641 SUMMIT PASS 103.21 0023210107 2106 JADE LANE 220.91 0013235809 4655 PINETREE CURVE 273.56 0011815503 4770 BEACON HILL RD 91.51 0023112808 2088 OPAL DR 227.27 0011624905 4631 TAM IE AVE 324.28 0011714300 4353 BEAR PATH TR 129.45 0012511101 1575B CLEMSON DR 87.63 0011817806 4712 COVINGTON CT 1,005.80 10 Delinquent Account Listing Account # Service Address Certification Balance 0011900503 4847 SHEVLIN CT 192.65 0036605707 3325 WREN LANE 362.79 0012231007 794 SUNSET DR 107.39 0012233805 776 SUNSET DR 119.03 0024316606 1203 TIMBERSHORE LANE 164.27 0012708707 4759 NARVIK DR 262.52 0036702702 3262 BLACK OAK DR 330.04 0013266606 699 ROSA CT 157.36 0023900509 1833 KATHRYN CIR 146.85 0024222804 1563 ASH BURY CT 519.54 0024339103 3780 DREXELCT 244.52 0036205003 2852 SIBLEY HILLS DR 249.35 0036507002 1041 BEATRICE ST 122.56 0037105905 4142 PENNSYLVANIA AVE 169.18 0038217105 719 CAMBERWELL DR 189.60 0038289104 886 OAK CT 297.98 0038298709 906 HYLAND CT 186.04 0036605905 3318 WREN LANE 127.57 0012807103 4683 STAVERN PT 98.01 0024314205 1165 TIMBERSHORE LANE 126.32 0012311809 4623 PENKWE WAY 81.34 0012109708 4578 HORIZON CIR 79.36 0037501905 595 AUTUMN OAKS CT 275.83 0024205601 3481 GREENWOOD CT S 115.20 0024405805 3678 BIRCHPOND PL 150.58 0012632766 4444 CINNAMON RIDGE TR 218.14 0012122503 1011 WEDGWOOD LANE N 148.80 0089907100 1712 TERRA GLENN CT 485.85 0012240008 4474 WHITETAIL WAY 223.43 0012621801 4594 CINNAMON RIDGE TR 138.06 0025724006 1779 TALON TR 209.53 0012018305 2148 NANCY CIR 169.73 0010210201 2125 MARBLE LANE 230.45 0036605806 3326 WREN LANE 125.00 0036209401 1556 RED CEDAR RD 288.27 0025007105 3837 HEATHER DR 284.75 0024328700 3835 WINDCREST CT 219.31 0012819306 4704 HIDDEN PT 131.50 0011106606 4462 WOODGATE PT 131.86 0024108904 1721 MONTICELLO AVE 210.16 0012122107 4458 WEDGWOOD DR 189.99 0012608907 4556 SCOTT TR 136.00 0012280954 4505 HAY LAKE RD S 377.31 0038340105 3101 HWY 55 67.02 0012632881 4422 CINNAMON RIDGE TR 187.32 0012280970 4513 HAY LAKE RD S 460.97 11 Delinquent Account Listing Account # Service Address Certification Balance 0037801909 1006 TICONDEROGA TR 289.20 0036107209 3302 DONALD AVE 410.76 0025633702 1863 RUBY CT N 332.99 0036504306 1037 KENNETH ST 182.90 0023406853 2125 SILVER BELL RD 228.49 0010603108 4233 SEQUOIA DR 154.79 0012822300 1837 NARVIK CT 154.12 0023913403 1777 TACONITE PT 252.12 0010905305 1338 EASTER LANE 66.49 0010915809 1236 CARLSON LAKE LANE 175.62 0012915005 4715 WILDWOOD ST 80.65 0011308400 1261 DUNBERRY LANE 92.91 0036205201 2888 SIBLEY HILLS DR 236.90 0025746108 4022 CEDAR GROVE LANE 97.79 0023508807 4046 MICA TR 368.42 0024223604 3640 ASHBURY RD 272.85 0036430205 3080 SHIELDS DR 107 88.59 0011308418 1259 DUNBERRY LANE 73.97 0012236808 4475 FAWN RIDGE TR 146.43 0023709900 3842 COUNTRY CREEK WAY 217.30 0024203705 1538 GREENWOOD CT N 261.53 0012507208 1537 CLEMSON DR 74.87 0024007700 3781 RED ROBIN LANE 108.51 0024602203 3510 WIDGEON WAY 55.68 0025702309 1555 JOHNNY CAKE ALCOVE 185.92 0012037107 2089 ROYALE DR 96.35 0024301301 3650 KOLSTAD RD 198.03 0024301905 3660 KOLSTAD RD 221.09 0025010604 3836 HEATHER DR 156.01 0011723608 1885 SUNRISE CT 1,086.45 0023609407 3856 CINNABAR DR 408.66 0025603705 1434 APPALOOSA TR 214.13 0023807001 1847 TACONITE TR 269.88 0036405918 3210 JURDY CT S 275.39 0025014705 3829 HEATHER DR 121.23 0024319907 1257 TIMBERSHORE LANE 109.80 0036307700 2987 PILOT KNOB RD 265.57 0037113701 816 SHORTLINE 130.71 0036605301 3320 ROLL LANE 344.83 0024009904 1741 BLUEBILL DR 139.02 0012225207 4329 TRENTON TR 58.96 0025724600 4160 RAPTOR RD 219.49 0025703901 1570 OAKBROOKE TER 199.87 0037004207 930 WESCOTT TR 1,051.76 0012632824 4434 CINNAMON RIDGE TR 172.15 0012630406 4433 CINNAMON RIDGE CIR 165.40 12 Delinquent Account Listing Account # Service Address Certification Balance 0012302501 4676 RIDGE CLIFFE DR 126.85 0024315905 1193 TIMBERSHORE LANE 204.10 0012002309 1947 SAFARI TR 96.29 0025001405 3836 LAUREL CT 86.43 0025730508 2120 CEDAR GROVE TR 152.02 0037504107 4142 LANTERN LANE 416.25 0010100105 4206 NICOLS RD 631.36 0036214203 1558 MCCARTHY RD 65.44 0023412109 3710 BLACKHAWK RD 136.64 0010107407 4352 COPPER PT 180.58 0010900504 1384 BALSAM ST E 312.89 0012613105 4514B CINNAMON RIDGE TR 157.68 0012632600 4408 CINNAMON RIDGE CIR 65.79 0023912603 1766 GABBRO TR 412.93 0011010402 1797 WALNUT LANE 92.15 0011003506 1718 HICKORY HILL 88.07 0012632964 4408 CINNAMON RIDGE TR 127.95 0023511801 3973 PUMICE LANE 118.78 0024336208 3809 DEERCLIFF CT 225.96 0012130001 842 SUDBERRY LANE 322.57 0012628301 4459 SLATER RD 375.16 0012801700 4723 ANNE PT 67.90 0023713902 1764 SILVER BELL RD 127.55 0024807604 3676 WIDGEON WAY 53.53 0037719804 3912 DANBURY TR 191.68 0012801809 4725 ANNE PT 64.55 0023510902 3979 MICA TR 265.58 0012313706 4607 PENKWE WAY 215.28 0037020906 3683 CANARY WAY 250.13 0012828109 4746 RIDGE WIND TR 242.42 0023712201 1778 SILVER BELL RD 128.60 0012823407 1914 COVINGTON LANE 174.29 0024905804 1256 DUCKWOOD DR 255.28 0089907925 870 TRAILS END RD 142.94 0024810202 3684 WIDGEON WAY 166.61 0023901945 1815 DIFFLEY RD 50.12 0011122900 4383 WOODGATE LANE N 203.60 0013008008 1466 RICHARDS CT 208.82 0010830701 1286 WILDERNESS CURVE 64.56 0013197306 4906 RUSTEN RD 381.08 0012813903 4690 LENORE LANE 142.99 0012101903 4593 CANTEBURY CIR 240.29 0025719501 4177 OLD SIBLEY MEM HWY 181.59 0012013603 2060 KINGS RD 202.70 0023707508 1789 SERPENTINE DR 211.36 0010600229 1448 DIFFLEY RD 98.83 13 Delinquent Account Listing Account # Service Address Certification Balance 0011803707 4613 CAMBRIDGE DR 354.40 0011721008 4302 BEAVER DAM RD 61.83 0012238705 4469 WHITETAIL WAY 96.63 0036300507 1440 HIGHVIEW AVE 279.85 0036722403 3417 ROLLING HILLS DR 269.18 0011103108 4463 WOODGATE CT 129.67 0036105005 3325 HERITAGE LANE 123.73 0012611505 4499 SCOTT TR 334.71 0024310708 1238 TIMBERSHORE LANE 93.57 0023702004 1787 GOLD CT 199.18 0025674102 3685 ROBIN LANE 237.56 0010504801 1678 HICKORY LANE 160.59 0089908300 960 MAPLE TRAIL CT 158.29 0089908315 3582 SPRINGWOOD PATH 317.53 0024007908 3779 RED ROBIN LANE 60.08 0037105608 4154 PENNSYLVANIA AVE 173.05 0024561201 3861 WESTBURY LANE 300.05 0012134508 784 COUGAR DR 355.81 0012633020 4396 CINNAMON RIDGE TR 228.31 0025011404 3820 WILLOW WAY 205.27 0035505908 550 LONE OAK RD 136.41 0012905303 4473B CLOVER LANE 123.23 0013231204 4670 STONECLIFFE DR 461.61 0024202707 1533 GREENWOOD CT N 121.14 0010508505 1647 HICKORY LANE 97.53 0013164108 4713 STRATFORD LANE 132.03 0037610805 749 MILL RUN CIR 61.53 0010108603 4346 DIAMOND DR 173.51 0011716800 1878 DEER HILLS TR 89.35 0010612505 4393 PILOT KNOB RD 150.83 0036145407 3220 EVERGREEN DR 313.85 0023906803 1818 BLUESTONE DR E 313.99 0012607107 2102 CLIFFHILL LANE 102.08 0012262507 4508 WHITETAIL WAY 246.40 0025209701 1610 BLACKHAWK LAKE PL 386.57 0011005907 1711 HICKORY HILL 84.94 0012511606 1579 CLEMSON DR 78.99 0010203909 2114 MARBLE LANE 48.47 0023901200 1844 KATHRYN CIR 91.98 0035501204 1534 LONE OAK RD 321.56 0023205305 2005 EMERALD LANE 125.56 0025719600 4173 OLD SIBLEY MEM HWY 93.95 0013173604 4865 FOUR SEASONS DR 213.34 0011801008 4657 BEACON HILL RD 126.80 0023410111 3645 KENNEBEC DR 440.89 0012632857 4428 CINNAMON RIDGE TR 275.08 14 Delinquent Account Listing Account # Service Address Certification Balance 0010110609 2066 QUARTZ LANE 148.02 0012246401 4346 YORKTOWN DR 192.81 0025726803 1780 TALON TR 103.53 0036115509 1648 DONALD CT 56.45 0012828604 4736 RIDGE WIND TR 104.14 0023509508 4058 OLIVINE DR 182.43 0023702400 1778 SERPENTINE DR 91.91 0023101702 4064 NICOLS RD 109.14 0025668906 1685 DONEGAL CT 838.93 0010401008 4229 RAHN RD 86.88 0023810203 1847 PUMICE PT 133.86 0089908645 3544 SAWGRASS TR W 469.97 0012803102 4714 TANA PT 122.22 0036314201 2975 EGAN AVE 126.02 0012314902 4644 1/2 PENKWE WAY 50.00 0024201709 1522 ASPEN DR 214.18 0011717204 4235 SUNRISE RD 316.31 0037110400 835 VENTNOR AVE 101.76 0012506606 1531B CLEMSON DR 69.19 0024332009 1300 DEERCLIFF LANE 64.81 0024008906 1734 BLUEBILL DR 159.27 0012315404 4614 PENKWE WAY 74.66 0025715301 4119 OAKBROOKE CURVE 309.17 0025202201 1523 LAKEVIEW CURVE 61.84 0037711801 3869 GIBRALTAR TR 215.52 0036146306 3238 EVERGREEN DR 243.79 0012132007 4425 LYNX CT 82.12 0036115301 1654 DONALD CT 530.83 0013192505 555 WHITE PINE WAY 122.61 0011500808 4369 ORION LANE 52.48 0089908795 3994 CEDAR GROVE LANE 60.65 0038224002 891 IVY LANE 71.73 0024216103 3444 HIGHLANDER DR 298.66 0012223806 4282 VALLEY FORGE PL 155.27 0036725604 645 HILLSIDE DR 400.50 0089908455 654 PARKSIDE CT 540.44 0024204505 1522 GREENWOOD CT N 199.20 0012608105 4528 SCOTT TR 131.75 0037705407 1036 TICONDEROGA TR 161.82 0013198700 4944 SLATER RD 174.23 0011511706 4236 BOULDER RIDGE PT 143.46 0024904401 3611 CROSSROAD CT 211.92 0023111503 2082 EMERALD LANE 239.62 0024905200 3614 CROSSROAD CT 153.09 0023600109 3925 MICA TR 269.87 0025104605 1609 BOARDWALK 98.86 15 Delinquent Account Listing Account # Service Address Certification Balance 0025502303 1390 ROCKY LANE 119.09 0011125507 4354 WOOD DUCK CIR 62.03 0012518502 1588 CLEMSON DR 104.28 0036200111 1425 LONE OAK RD 122.08 0023917107 4166 MEADOWLARK WAY 284.37 0011731700 1864 BEAR PATH TR 512.89 0024903908 1272 DUCKWOOD DR 112.43 0089908030 643 PARKSIDE CT 151.34 0038247300 565 COVENTRY PKWY 273.73 0012303400 4658 RIDGE CLIFFE DR 128.17 0024215709 3452 HIGHLANDER DR 104.74 0012212619 4201 TRENTON RD 65.21 0037016706 1067 HUMMINGBIRD LANE 215.22 0038333100 3165 DONEENE LANE 107.49 0036303808 1469 BRIDGEVIEW AVE 67.04 0024901308 1315 CRESTRIDGE LANE 99.41 0012702106 4658 BAMBLE CIR 185.28 0011716602 1882 DEER HILLS TR 302.71 0024013609 3784 GOLDEN HILL TER 162.47 0012319703 4602 RIDGE CLIFFE DR 88.27 0035501501 1428 SKYLINE RD 398.83 0025718107 1749 SKATER CIR 136.20 0024223406 3648 ASH BURY RD 324.35 0035511609 3535ELRENE RD 137.63 0011913100 1538 SHERWOOD WAY 85.60 0037803608 931 SAVANNAH RD 279.80 0013144308 952 CONEFLOWER CT 77.23 0012009205 4725 OAK WAY 141.81 0011112489 1753 DRAKE DR 96.91 0012810107 4679 TRAVERSE PT 72.12 0037710803 1053 KETTLE CREEK RD 309.63 0012511200 1575 CLEMSON DR 92.77 0025311507 1422 ROCKY LANE 233.01 0024514903 3805 WESTBURY LANE 310.95 0012906400 4491 CLOVER LANE 143.82 0037102308 4087 VERMONT AVE 278.32 0010101806 2116 SHALE LANE 118.96 0023600406 3907 MICA TR 308.27 0011303211 1394 LAKESIDE CIR 47.11 0012828208 4744 RIDGE WIND TR 233.28 0010904704 1358 EASTER LANE 109.02 0024406407 3729 PILOT KNOB RD 142.57 0089909475 3971 CEDAR GROVE LANE 265.62 0011742301 4283 EAGLE CREST DR 111.83 0012631503 4467 CINNAMON RIDGE CIR 196.25 0023918501 4142 MEADOWLARK WAY 375.96 16 Delinquent Account Listing Account # Service Address Certification Balance 0011727104 4281 SUN CLIFF RD 422.74 0024519001 1166 WESTBURY KNOLL 285.75 0012306304 4666 PENKWE WAY 72.27 0024902801 3624 DENMARK AVE 256.91 0012028106 2023 VIENNA LANE 152.07 0012633103 4378 CINNAMON RIDGE TR 209.24 0089909585 3970 CEDAR GROVE LANE 169.57 0036407708 1382 QUARRY LANE 329.51 0024313306 1164 TIMBERSHORE LANE 120.23 0024200602 1533 ASPEN DR 119.91 0012436101 4452 HAMILTON DR 230.79 0012618401 45156 CINNAMON RIDGE TR 216.65 0089910020 3514 SAWGRASS TR E 206.46 0023607708 1776 TURQUOISE TR 295.66 0089910165 3480 SAWGRASS TR W 503.73 0024603409 3595 WIDGEON WAY 124.69 0010203008 2078 MARBLE LANE 196.21 0023922008 4119 MEADOWLARK PT 101.58 0036145001 1591 RAINDROP DR 53.09 0023408719 1995 GOLD TR 340.95 0011716909 1880 DEER HILLS TR 979.33 0012036505 2096 ROYALE CT 190.70 0012803706 1740 KARTS WAY 86.33 0024320400 1265 TIMBERSHORE LANE 148.86 0012003703 1925 SAFARI TR 122.57 0024224909 3649 ASHBURY RD 250.77 0012134904 768 COUGAR DR 93.04 0012910907 4453B CLOVER LANE 135.73 0025308503 1407 CUTTERS LANE 138.46 0012804704 4691 H I RTA PT 115.53 0036146207 3236 EVERGREEN DR 123.46 0089909090 2135 CEDAR GROVE TR 62.99 0011405305 1291 EASTER LANE 170.10 0011728904 1871 BEAR PATH TR 263.39 0023408511 1975 GOLD TR 579.00 0013245501 4540 MAJESTIC OAKS PL 374.85 0025310939 1453 ROCKY LANE 198.22 0011711603 4333 BEAVER DAM RD 123.76 0025102609 3530 COACHMAN RD 212.78 0012817300 4707 MARKHAM PT 153.39 0012834206 1967 COVINGTON LANE 101.86 0012027108 2035 PIN OAK DR 91.79 0023310006 3922 BERYL RD 112.96 0010105104 2111 SHALE LANE 198.17 0013140108 4654 WESTON HILLS DR 190.51 0011102001 4466 WOODGATE CT 100.87 17 Delinquent Account Listing Account # Service Address Certification Balance 0024304305 3691 DENMARK AVE 133.38 0010701605 1378 AMARYLLIS LANE 189.72 0089910280 3428 CHESTNUT LANE 105.09 0012816005 1794 COVINGTON LANE 73.87 0023713308 3804B LODESTONE LANE 123.22 0013145701 989 WILDFLOWER CT 117.96 0024805004 1230 TANANGER CT 242.37 0010506301 1654 HICKORY LANE 97.64 0036503506 2837 LEXINGTON AVE S 86.18 0012632907 4418 CINNAMON RIDGE TR 272.19 0012220802 860 ROGERS CT 176.42 0036112795 3103 FARNUM DR 184.47 0025696204 1611 TRAMORE PL 510.28 0023921604 4078 SOUTH MEADOWLARK RD 78.91 0038003000 808 PROMONTORY PL 68.40 0037902954 881 SUNCREST CT 148.33 0012817607 4702 MARKHAM PT 112.42 0036407807 1380 TOWERVIEW RD 130.26 0089910735 3473 CHESTNUT LANE 432.74 0037617602 3869 CANTER GLEN LANE 119.99 0013225602 4906 SYCAMORE DR 355.77 0024225807 1612 ASHBURY PL 93.86 0013104906 625 HACKMORE DR 320.90 0036404507 3153 JURDY CT N 90.34 0023103401 2178 GARNET PT 278.52 0024104804 1713 DEERWOOD DR 283.48 0012004602 4860 SAFARI PASS 184.32 0024905101 3618 CROSSROAD CT 89.83 0012631701 4470 CINNAMON RIDGE CIR 219.97 0012510301 1555 CLEMSON DR 104.86 0024318107 1227 TIMBERSHORE LANE 52.60 0036205110 2886 SIBLEY HILLS DR 104.61 0025503202 4195 LEXINGTON WAY 324.11 0023113202 2072 OPAL DR 102.05 0025402009 3948 VERSAILLES CT 221.88 0011014404 1756 HICKORY HILL 196.35 0023917909 4154 MEADOWLARK WAY 138.97 0036606002 3310 WREN LANE 335.50 0011507506 4365 CAPRICORN CT 51.61 0012637401 4774 BURR OAK ST 68.74 0012437307 928 JEFFERSON LANE 67.01 0023408610 1991 GOLD TR 116.81 0013288501 637 WOODLAND WAY 378.73 0036205706 1538 LONE OAK RD 212.30 0025621103 4134 ARBOR LANE 177.72 0011113404 4456 JOHNNY CAKE RIDGE RD 154.38 18 Delinquent Account Listing Account # Service Address Certification Balance 0012261608 729 CARIBOU LANE 126.77 0011112406 4440 JOHNNY CAKE RIDGE RD 154.42 0038224705 847 WESCOTT SQUARE 91.91 0013216304 1896 RIDGECREST CIR 150.14 0037509700 592 PRAIRIE CIR W 345.23 0012612206 4522 CINNAMON RIDGE TR 244.72 0011106309 4452 WOODGATE PT 63.52 0012633905 2243 MAHOGANY WAY 121.90 0025105800 1657 BOARDWALK 101.43 0010515302 1681 HICKORY HILL 138.60 0024905002 3616 CROSSROAD CT 89.15 0011114402 4472 JOHNNY CAKE RIDGE RD 88.24 0036726800 3410 ROLLING HILLS DR 354.47 0010907400 4220 CARLSON LAKE LANE N 121.95 0023920002 4102 SOUTH MEADOWLARK RD 77.06 0010206902 4279 AMBER DR 52.54 0012427209 4314 BRADDOCK TR 129.26 0036504603 1049 KENNETH ST 319.47 0025705609 1680 OAKBROOKE CT 389.78 0089909075 2143 CEDAR GROVE TR 145.77 0036502805 2882 LEXINGTON AVE S 203.01 0036302511 1556 HIGHVIEW AVE 121.82 0023800204 1870 JADE LANE 188.10 0025680109 4058 JOHNNY CAKE RIDGE RD 195.99 0038243408 503 WAVENEY CT 170.55 0036307908 2988 PILOT KNOB RD 71.11 0012622403 4576 CINNAMON RIDGE TR 324.33 0036603306 525 CHAPEL LANE 193.77 0023916406 4186 SOUTH MEADOWLARK RD 40.09 0023901705 4165 BLACKHAWK RD 664.71 0012605408 2119 CLIFFHILL LANE 266.86 0024307902 3670 DENMARK AVE 94.38 0012215000 4224 VALLEY FORGE PL 188.69 0024207706 3462 GREENWOOD CT S 109.48 0036724706 642 HILLSIDE DR 407.72 0024012403 3760 GOLDEN HILL TER 78.63 0012630703 4443 CINNAMON RIDGE CIR 162.04 0012700308 4627 HALDEN CIR 122.76 0037010402 3666 BLUE JAY WAY 116.81 0010312502 2042 DIFFLEY RD 220.57 0012266508 4482 OAK POND RD 258.13 0011102506 4475 WOODGATE CT 88.68 0010707602 4353 SVENSK LANE 180.82 0012644704 4805 SLATER RD 186.52 0038310405 512 CHAPEL CT 644.14 0013222203 527 MAJESTIC OAKS CT 188.28 19 Delinquent Account Listing Account # Service Address Certification Balance 0012281408 695 HAY LAKE CT 106.85 0011717501 4241 SUNRISE RD 313.17 0036213700 3061 PINE RIDGE DR 111.35 0012228300 4285 AUGUSTA LANE 202.06 0011901105 4811 SHEVLIN CT 79.30 0024311706 1214 TIMBERSHORE LANE 78.63 0012572707 4529 MALLARD TR S 102.00 0038269809 2922 WEST SERVICE RD 603.55 0038269817 2922 WEST SERVICE RD 914.45 0023506009 4065 MICA TR 131.75 0023921406 4082 SOUTH MEADOWLARK RD 55.01 0036300200 1414 SKYLINE RD 299.68 0036504801 1057 KENNETH ST 84.82 0010903904 1351 SIGFRID ST E 79.48 0024216970 3509 FEDERAL DR 59.50 0024216988 3513 FEDERAL DR 55.46 0024217010 3517 FEDERAL DR 50.86 0024216996 3519 FEDERAL DR 51.28 0024216939 3521 FEDERAL DR 56.76 0024216921 3523 FEDERAL DR 54.02 0038262200 1465 SKYLINE RD 365.70 0013112800 4421 SUMMER CT 126.77 0012014205 2048 KINGS RD 124.34 0024905408 3608 CROSSROAD CT 223.60 0038257903 3551 WOODLAND TR 56.14 0011719903 4299 SUNRISE RD 215.52 0024712721 1362 BERRY RIDGE RD 328.50 0013008404 1492 THOMAS LANE 109.85 0037713807 3878 NEWTOWN CT 61.56 0012632774 4442 CINNAMON RIDGE TR 181.92 0012111506 4559 HORIZON CIR 119.13 0012116000 1085 TIFFANY DR 38.17 0011713005 4386 BEAR PATH TR 408.58 0023303308 2070 CARNELIAN LANE 37.56 0025305004 4002 DEERWOOD TR 175.73 0025723909 1783 TALON TR 54.47 0036309508 2890 FAIRLAWN PL 57.78 0012209102 541 ATLANTIC HILL DR 211.81 0011123502 1762 DRAKE DR 288.81 0089910765 1321 SHADOW CREEK CURVE 238.61 0012815205 4718 LENORE LANE 96.70 0037709904 1042 BRIAR CREEK RD 375.80 0036804706 3918 WORCHESTER DR 420.52 0010514404 1677 HICKORY HILL 84.87 0012617106 4505 CINNAMON RIDGE TR 94.41 0012110607 4589 HORIZON CIR 176.00 20 Delinquent Account Listing Account # Service Address Certification Balance 0012714002 1801 COVINGTON LANE 64.01 0023918808 4128 MEADOWLARK WAY 113.94 0012615308 4484 CINNAMON RIDGE TR 73.74 0024319808 1255 TIMBERSHORE LANE 92.37 0011917408 1525 SHERWOOD WAY 192.27 0010206100 4325 AMBER DR 40.69 0012006607 2082 PIN OAK DR 124.12 0012134904 768 COUGAR DR 406.31 0011309606 1276 DUNBERRY LANE 54.81 0013188305 654 WATERVIEW COVE 118.53 0011727708 1898 BEAR PATH TR 66.90 0035500602 510 LONE OAK RD 1,165.90 0089911525 510 LONE OAK RD 705.95 0025646001 4181 AMBERLEAF TR 237.42 0036502201 2995 LEXINGTON AVE S 59.92 0037016607 1063 HUMMINGBIRD LANE 69.39 0036401206 3210 MARICE CT 108.67 0024332405 1290 DEERCLIFF LANE 112.95 0036141109 3257 EVERGREEN DR 55.17 0037007705 870 WESCOTT SQUARE 51.91 0037202801 3783 GREENSBORO DR 129.75 0036817302 700 HAVENHILL RD 85.65 0089911590 3533 ELRENE RD 61.32 0024313108 1168 TIMBERSHORE LANE 34.87 0024805004 1230 TANANGER CT 49.76 0025200601 1494 FEDERAL CT 49.45 0089911675 3305 CENTRAL PARK VILLAGE DR 76.92 Total $ 206,784.29 Accounts Assessed 947 21 Agenda Information Memo March 7, 2017, Eagan City Council Meeting PUBLIC HEARING D. Certify delinquent nuisance abatement bills Action To Be Considered: To close the public hearing and approve the final assessment roll for delinquent nuisance abatement bills and authorize its certification to Dakota County. Facts: ➢ City Code allows for collection of delinquent nuisance abatement bills through certification to property taxes. Nuisance abatement bills include fees for false alarm calls, mowing and noxious weed removal, refuse removal and diseased tree removal. ➢ At the February 7, 2017 City Council meeting, a public hearing was scheduled for the March 7, 2017 City Council meeting. ➢ The City has five properties with delinquent false alarm invoices. Alarm users receive three free false alarms per year and are charged $100 for the fourth and each subsequent alarm. Unpaid fees are charged an additional 10% late fee. ➢ A diseased tree removal is included in the proposed assessment roll. The property owner signed a waiver agreeing not to appeal the assessment. In exchange for signing the waiver, the City extended the assessment repayment period from the typical one-year term to a five-year term and waived the $25 certification fee. The assessable amount of the delinquent invoices is $2,300.88. The City will accept payment for any portion of the assessment free of interest charges for a period of 30 days. If the assessment is paid after the interest-free period, interest at 3.5% from March 7, 2017 to December 31, 2018 will be added to the principal. Except for the diseased tree removal, the length of the assessment is one year. Unpaid balances are collected with the 2018 property taxes. ➢ All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and the proposed assessments. 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Planned Development Amendment (CityVue Commons 3rd Addition) — Chick- fil-A Action To Be Considered: To approve (or direct preparation of Findings of Fact for denial of) a Planned Development Amendment to modify the Preliminary Planned Development from two buildings and two uses, to one, located at 3420 Promenade Avenue, subject to the conditions listed in the APC minutes, as modified. Required Vote For Approval: ➢ At least three votes Facts: ➢ The subject property is zoned Planned Development (PD) and located within the 10 acre CityVue Commons Planned Development, guided for Office/Service uses. ➢ The subject parcel is the last remaining property to be redeveloped. ➢ The applicant is proposing a 5,000 sq. ft. restaurant with an outdoor patio and drive-through service. ➢ The existing PD, established in 2014, designates the property as two separate lots. A bank and fast food restaurant, both with drive-through service were approved. The PD Amendment is needed due to the change to one building and one use. ➢ The Site Plan shows the following: o The drive-through approach is from the south along the east side of the building, with the pick-up window on the north side of the building, with cars queuing up for the pick-up window along Yankee Doodle Road. o A detached trash enclosure is located to the south of the building. o A new free-standing sign is proposed adjacent to Yankee Doodle Road along the east side of the site. The proposed sign exceeds the 7' height allowed per City Code and the Planned Development; the intent of the approved monument sign was not for a single tenant building at that location. The proposal also includes four signs on four elevations and a panel on the pylon sign which is located on the subject property. o An outdoor dining patio is proposed to the west of the building along with a 50' flagpole. o A direct pedestrian connection will be added between the proposed Chick-fil-A building and the trail along Yankee Doodle Road and to the south property line. ➢ The proposed building is comprised of two colors of brick, and glass. The building appears to generally comply with architectural standards in the City Code including materials and parapet height; however, the north elevation is required, via the conditions of approval, to be revised to include visual interest, similar to the other facades. ➢ The site lighting and landscape plans appear acceptable. ➢ Promenade Avenue is a private street that provides access to the public streets of Yankee Doodle Road and Town Centre Drive at the north and south ends of the CityVue development. A full access to Promenade Avenue is proposed. ➢ The proposed development allows for a possible future internal connection to the property to the east and includes the joint parking previously required for the development. ➢ The Advisory Planning Commission (APC) modified the conditions of approval regarding signage. ➢ A public hearing was held on February 28, 2017 and the APC did recommend approval, subject to the modified conditions as listed in the APC minutes. Issues: ➢ The proposed development deviates from typical zoning and Planned Development standards for reduced number of parking stalls, building and parking setbacks, signage (pylon, monument and building) and detached trashed enclosure. ➢ The applicant has stated they can reduce the free-standing sign height to 7'. ➢ The APC supports a total of three building signs on up to three sides of the building and a monument sign or an identification panel on the existing center pylon sign, but not both. 60 -Day Agency Action Deadline: March 19, 2017 Attachments: (4) NBA -1 Location Map NBA -2 Draft February 28, 2017, APC Meeting Minutes NBA -3 Planning Report NBA -4 Report Exhibits a c o c r a� a E y C 7 C O CD "o o� aa� e 0p c lop p.. ae�el® N xaoOouA Foca o o Q o � LO C 0 b P � SO 1 V ac t=om ef� O � 2 LCqq tl0 tear y *6 to V wz W m w '0 S en i W M 0. w U a �Z a a)o 0 [- CN C O U o c r a to �x y C 7 L ?+ O "o o� aa� e 0p aOR El 9 lop p.. ae�el® aFl xaoOouA �Z a a)o 0 [- CN C O U (U $ (D y C 7 L ?+ O �— aOR El 9 � J Foca o o LO 0 SIVA `a ,, � �/Ill ��,�� �•�!-��.®• �..: 111 ii �� rr ►►►°� ®�ei® o 0 o am _.. :3AVrNOl�JNIX- A) £V,ONgGVOa--, Nn o- •. _ .. -. 2 _, _.. _ tr„ __, _ m, .- _ ,. .. . , 3AV NOI WEED .E17,.AN-:ON .00.,:_. b 0 > X o ,gam ' is o o d O O Ms i 9 = 3Atl 301 3V408 0 Z V ° B IM d 1J 5� 3AV N 30 O �'""*, 3AV Ni1tlWN30 3AVN21tlWN30 3 0 J IJ � Z Advisory Planning Commission February 28, 2017 Page 2 of 11 IV. PUBLIC HEARING New Business A. Chick-fil-A Applicant Name: Jason Hill, Chick-fil-A Location: 3420 Promenade Ave; Lot 1, Block 1, City Vue Commons 3rd Addition Application: Planned Development Amendment A Planned Development Amendment to amend the Preliminary Planned Development from two buildings/uses to one. File Number: 15 -PA -01-01-17 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated February 23, 2017. She noted condition 16 should be revised to eliminate the second sentence which is not pertinent to the application. Justin Lurk representing the Applicant gave an overview of the Chick-fil-A business and highlighted the franchise structure and mission of having a positive impact and contributions to the communities in which Chick-fil-A is located. He added that Chick-fil-A is excited to be part of the Eagan community; they are in agreement with the recommendations in the staff report. Member Piper asked about the shared parking, how many stalls and who shares them, and whether the uses have complementary parking demands. Mr. Lurk responded that the shared parking include the 19 stalls along the south edge of the site and they are shared with the City Vue Apartments to the west. He added that Chick-fil-A's busiest times are during the day when residents of the apartments may be gone at work, and the restaurant is open 6 days a week and closed on Sundays, making the shared parking more available for the apartment residents on Sundays when they are more likely to be home. Also, 60% of the business is expected to be drive-thru, further reducing Chick-fil-A's parking demand. Member Weimert asked for further explanation about the orientation of the building on the site and that he shared staff's concerns about the back of the building facing Yankee Doodle Rd. Joe Vavrina, HR Green, the applicant's Engineer, spoke to conflicts on the site with the entrance, drive-through and connection to the east. He explained due to the kitchen location, the faux windows would not work on the north elevation and instead, they would incorporate additional brick accents. Discussion continued regarding building layout and topography as they relate to the drive- through queuing along Yankee Doodle Road and the detached trash enclosure. Member Weimert questioned the need for all of the building signage. Mr. Lurk noted the intention to be similar to the in-line retail building to the west and added they would be willing to reduce the size of the free-standing sign to meet City Code requirements for a monument sign and also reduce the building signage to three signs on three elevations. Advisory Planning Commission February 28, 2017 Page 3 of 11 Chair Filipi opened the public hearing. There being no public comment, Chair Filipi closed the public hearing and turned the discussion back to the Commission. Member Piper asked for clarification regarding conditions 13 and 14. Planner Thomas provided the history on the Master Sign Plan for the CityVue Commons PD. City Planner Ridley expanded on the signage proposed versus city requirements. Member Piper moved, Member Sagstetter seconded a motion to recommend approval to recommend approval of a Planned Development Amendment to modify the Preliminary Planned Development from two buildings and uses to one upon 1.6 acres, subject to the following conditions as modified. 1. A Planned Development Amendment Agreement shall be executed and recorded at the time of Final Subdivision. The following exhibits are required for the Agreement: a. Site Plan b. Landscape Plan c. Building Elevations d. Signage Plan e. Site Lighting Plan 2. The outdoor dining patio shall provide outdoor seating of not more than 16 seats as shown on the Site Plan. 3. The operation of the outdoor dining area shall be subject to compliance with the standards in the City Code. 4. A detail of the patio railing shall be provided for the Planned Development Amendment Agreement. 5. The flagpole shall not be used to display any business signs or logos and the Site Plan should identify the same height on the Sign Plan for the pole. 6. All canopies shall be of metal construction and awnings shall be constructed of Sunbrella, Arlon or Canvas material and shall exclude tenant identification. 7. All landscaped areas shall be served with automatic irrigation. 8. The service door to the storage area of the trash enclosure shall be painted to match the brick exterior of the enclosure. 9. Screening of mechanical equipment shall be provided in accordance with City Code requirements. 10. The north building elevation shall be redesigned to provide the visual interest of a front fagade and any fagade exceeding 40 feet in width should be designed with multiple planes, multiple sections of coordinating materials, or both, to add visual interest every 40 (80) feet. Advisory Planning Commission February 28, 2017 Page 4 of 11 11. The applicant shall revise the elevation drawings to reflect building signage of up to one sign per three building elevations. 12. Building address numbers shall meet City Code requirements. 13. The applicant shall be limited to a panel on the existing pylon sign or a monument sign that is revised to meet City Code standards, not both. 14. The applicant shall submit final detail and dimensions of the menu boards for review by staff prior to the issuance of the building permit. 15. Private cross -easements for ingress/egress for the future parking lot connection to the east shall be provided in a form acceptable to the City Attorney. f Sidewalk shall be 16. This development shall provide on-site volume control for any proposed impervious surfaces to drain off-site that exceed the total originally approved with the CityVue Commons Development. 17. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide to the City a minimum of two soil boring logs within the footprint of the proposed infiltration/filtration area, extending a minimum of 10' below the bottom of the proposed infiltration/filtration feature with continuous sampling, to evaluate and ensure suitability for infiltration, including depth to saturated soils. 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 applicant shall revise the design and/or construction plans to ensure volume control requirements are fully met for the impervious drainage area. 18. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the annual inspection and maintenance required to occur to ensure proper operation and performance of the permanent stormwater management system (e.g. subsurface infiltration system and pre-treatment structure), in a form acceptable to the City Attorney. 19. Before the City provides a Certificate of Occupancy for the new building project, the Applicant must provide field -verification to City Water Resources staff of successful implementation, function and operation of the Stormwater Management System, including operation of the sub -surface infiltration system and pre-treatment structure, in compliance with the approved plans. Following the motion and second, Member Weimert stated he was comfortable signage on three sides of the building. Member Sagstetter stated he was less convinced of the need for a detached trash enclosure in comparison to the TCF site. Member Piper stated he would prefer an attached trash enclosure but understood the applicant's rationale. All voted in favor. Motion carried 5-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: February 23, 2017 APPLICANT: Chick-fil-A, Inc. PROPERTY OWNER: Yankee Doodle Commercial, LLC REQUEST: Planned Development Amendment LOCATION: 3420 Promenade Ave. COMPREHENSIVE PLAN: O/S, Office/Service ZONING: PD, Planned Development SUMMARY OF REQUEST CASE: 15 -PA -01-01-17 HEARING DATE: February 28, 2017 APPLICATION DATE: January 18, 2017 PREPARED BY: Sarah Thomas Chick-fil-A, Inc. is requesting approval of a Planned Development Amendment to modify the Preliminary Planned Development from two buildings and uses to one upon 1.6 acres located at 3420 Promenade Avenue, legally described as Lot 1, Block 1, CityVue Commons 3`d Addition. AUTHORITY FOR REVIEW PD Amendment: Chapter 11, Section 11. 50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. Planning Report — Chick-fil-A (CityVue Commons 3rd Addn.) February 28, 2017 Page 2 BACKGROUND/HISTORY The property is part of the CityVue Commons Planned Development (PD) which was established in 2014. The 10 -acre PD approved four retail commercial buildings including a 3,000 sq. ft. fast- food restaurant and a 5,000 sq. ft. drive-through bank (on the subject property, which was originally two lots) and two apartment buildings, one of which was a conversion of the former 10 -story Blue Cross Blue Shield office building. The subject parcel is undeveloped and has been used as a construction staging area. EXISTING CONDITIONS This 1.62 acre parcel is vacant as it was previously was a paved surface parking lot serving the 10 -story office building. The property was platted in 2016 and is the last lot to be redeveloped within the CityVue Commons Planned Development. Promenade Ave., a private north/south road that connects Yankee Doodle Road and Town Centre Drive, runs along the west property line. A pond and infiltration basin was constructed south of this parcel and sized to accommodate storm water requirements for the entire CityVue development. Water and sewer service stubs were previously installed in anticipation of future development. A concrete sidewalk is located in the west boulevard of Promenade Ave. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Description of Proposal — Chick-fil-A, Inc. is proposing to construct a new restaurant building on the north end, adjacent to Yankee Doodle Road. The proposed restaurant use includes drive- through service, which is typically a Conditional Use in commercial zoning districts. Compatibility with Surrounding Area — Surrounding development includes a variety of service, office and retail businesses as well as multi -family residential uses. Existing Use Zoning Land Use Designation North Retail— PD, Planned Development RC, Retail Commercial/MD, Promenade/Residential Medium Density South Office PD, Planned Development SA/OS, Special Area/Office Service East Retail PD, Planned Development SA/OS, Special Area/Office Service West Retail PD, Planned Development SA/OS, Special Area/Office Service EVALUATION OF REQUEST Description of Proposal — Chick-fil-A, Inc. is proposing to construct a new restaurant building on the north end, adjacent to Yankee Doodle Road. The proposed restaurant use includes drive- through service, which is typically a Conditional Use in commercial zoning districts. Compatibility with Surrounding Area — Surrounding development includes a variety of service, office and retail businesses as well as multi -family residential uses. Planning Report — Chick-fil-A (CityVue Commons 3'd Addn.) February 28, 2017 Paee 3 Planned Development Zoning — The Planned Development zoning district allows the developer greater flexibility in the design of the development and the City to require higher standards in exchange for that flexibility. The site is zoned Planned Development. The Preliminary PD identified two lots with separate uses. The original CityVue PD approved a fast food restaurant and bank, both with drive-through functions, at this location. The current request changes the site from two buildings and uses to one fast food restaurant with drive-through service. The building footprint is proposed to be 5,000 sq. ft. with 135 seats indoors and 16 seats outdoors. Term — Staff suggests a three-year term for this Planned Development Amendment. The Preliminary Planned Development has a five-year term and is three years into that Agreement. Public Benefit — The Planned Development zoning affords flexibility to both the applicant and the City with objectives that the mutual flexibility benefits both parties. The applicant's narrative did not state the public benefit; however, the applicant is requesting deviations from the PD that include a detached trash enclosure, additional signage, reduced building and parking setbacks from Yankee Doodle Road and reduced parking. Airport Noise Considerations — The City of Eagan considered airport noise as a factor in its Comprehensive Guide Plan and has subsequently adopted zoning standards to assist with noise mitigation that are consistent with Metropolitan Council requirements. The subject site is located within the one -mile buffer area of Noise Policy Zone 4. The adopted zoning standards consider retail/commercial uses as Compatible within the Noise Buffer Zone and no further noise mitigation is required. Lots — The 1.6 acre parcel takes access to Promenade Avenue, a private street. Site Plan — The proposed Site Plan places the Chick-frl-A building at the north end of the site. The drive-through approach is from the south, along the east side of the site, with the pick-up window located on the north side of the building, adjacent to Yankee Doodle Road. Staff raises a visual concern regarding cars in the drive-through queueing up for the pick-up window along the north side of the building which fronts Yankee Doodle Road. According to the applicant's narrative, this design configuration was planned to provide the internal parking lot connection to the development to the east. This connection has been a design element discussed since the preliminary stages of the CityVue Commons PD, when improvements were made on Yankee Doodle Road that changed the full access at O'Leary Lane; however, the connection was not a condition of approval. An outdoor seating area is proposed on the west side of the south end of the building, and a bike rack is proposed near the outdoor seating area. A 50' flagpole with a U.S. flag is also proposed at the southwest corner of the building (the Site Plan identifies a 30' pole; the plan should be revised to match the Sign Plan). The flagpole should not be used to display any business signs or logos. Planning Report — Chick-fil-A (CityVue Commons 3rd Addn.) February 28, 2017 Page 4 The trash enclosure is proposed to be located to the southeast, detached from the Chick-fil-A building. In addition to general aesthetics, an attached enclosure avoids the need for restaurant staff to haul bags of trash and recycling across the site. City staff suggests a City Code required attached trash enclosure could be designed given this is a raw land development that includes a significant building setback deviation which increases he developable area of the site. The existing CityVue pylon sign along Yankee Doodle Road is located on the northwest corner of this lot and a monument sign, approved with the Preliminary PD is proposed on the east side of development. A direct sidewalk connection is proposed to the Chick-frl-A from the existing trail along Yankee Doodle Road, along Promenade Ave, to the property to the South. Bulk Standards — Setbacks — Comparable structure setbacks in the CSC zoning district are 10' for side yards, 20' for rear yards and 30' for front yards (50' from County right-of-way). Pavement setbacks are typically a minimum of 5' from interior lot lines, and 20' from a public right-of-way. Also, the Subdivision Ordinance requires a minimum structure setback of 25 feet from the back of curb for any private street. Building Setbacks — Setbacks for the new Chick-fil-A building are satisfied save for the setback to the North from Yankee Doodle Road, a County arterial roadway. The building is proposed with a 9.7' setback resulting in a deviation exceeding 40'. Parking/Pavement Setbacks — The setback requirements are satisfied; save for the drive-through lane adjacent to Yankee Doodle Road. Parking/drive aisles are required to be set back 20' setback from public right-of-way, and 5' from side and rear lot lines. The drive-through is proposed with a 6.5" setback, resulting in a deviation of 13.7". The proposed deviations to the building and parking setbacks are a policy matter for City officials. If found acceptable, the deviations can be accommodated through the Planned Development zoning. Shoreland — Shoreland Zoning establishes a 50 -foot minimum structure setback from the OHWL of O'Leary Lake. This requirement is met as the first tier or 200 feet from the OHWL, is outside of this proposed development. Planning Report — Chick-fil-A (CityVue Commons 3rd Addn.) February 28, 2017 Page 5 Green Space — Green space serves two functions, both to provide permeable surface in a development and to provide aesthetic benefit. The City's CSC zoning requires a minimum green space of 30%. Overall, the CityVue development provides 36% pervious coverage which exceeds City Code requirements and was approved with the preliminary PD. The proposed development is the last parcel to develop within the CityVue Commons PD and the development remains in compliance with green space requirements. Building Coverage — The CSC zoning district building coverage maximum is 30%. The preliminary PD identified building coverages of 8.1% and 14.8% for the two lots. The proposal meets the Code requirement and is less than what was approved with the PD with an overall building coverage of 7%. Trash Enclosure — City Code requires trash enclosures to be stored indoors or within an enclosure attached to the building in commercial retail areas. A detached trash enclosure is proposed. As mentioned previously, staff suggests an attached trash enclosure could be designed given the parameters of this development site. The Applicant addresses this in the narrative, and states the trash enclosure is detached given the current site and building layout. The proposed design would either need to lose the outdoor seating area or one drive-through stacking late. Additionally the detached trash enclosure is preferred so as not to interfere with food deliveries or detract from the "best possible guest experience." The trash enclosure itself is proposed to be constructed of materials to match the principal building and is set back 10' from east boundary of the property. A detached trash enclosure was approved for the Panera restaurant (located to the north in the Promenade development) with the retrofitting of that site to include a drive-through. Should City officials find the detached trash enclosure to be acceptable, these elements are consistent with typical City Code standards for detached trash enclosures. Outdoor Dining Patio — An outdoor dining patio is proposed on the west side of the Chick-fil-A building. This proposal appears to be consistent with the City Code standards. The City Code allows outdoor dining up to 24 seats as a permitted use where on -sale liquor is not involved, and the patio is not in close proximity to residential uses. The Site Plan shows 4 tables of 4 seats, for a total 16 seats. The tables are located adjacent to the fence, leaving 4-5' of sidewalk for pedestrian movement between the tables and the building. A decorative fence/railing and landscape bed does separate the sidewalk/patio area from the drive- through lane on the east end. The patio is not proposed to be fully enclosed with a railing, however full enclosure is not required where fewer than 24 seats are provided and when on -sale liquor is not involved. Planning Report — Chick-fil-A (CityVue Commons 3`d Addn.) February 28, 2017 Page 6 A detail of the railing should be provided for the Planned Development Amendment Agreement. The operation of the outdoor dining area shall be subject to compliance with the standards in the City Code. Parking — The CityVue PD allowed for deviations in parking from City Code requirements as well as joint parking for the center. Cross -easements for ingress/egress and shared parking between the 10 -story apartment building, 5 -story apartment building and medical office were approved. City Code requires parking stalls sizes of 10' x 19'; however, parking stalls are proposed to be 9' wide by 18' deep which was approved with the PD. Minimum drive aisle widths are 25' for two- way traffic, which exceeds the City Code requirement of 24'. Per City Code, "Fast food" restaurants with drive-through service are required to provide one parking stall for every 60 s.f. of gross floor area and stacking for a minimum of 5 vehicles is required. At these ratios provided for in City Code, the 4,999 s.f. Chick-fil-A requires 83 parking stalls. Parldng Count — The proposal provides a total of 77 parking stalls on the site, a deviation of 6 stalls. Of these, 19 stalls are designated as shared parking between three lots. It is the understanding of City staff that the CityVue Medical Building is no longer party to the joint parking agreement. The applicant's narrative reiterates that understanding and given the approved layout for the 5 -story apartment building, the 10 joint parking stalls are to be constructed upon the subject property. The primary City Council concern in 2014 was the adequacy of 1.3 parking stalls per unit for the two apartment buildings and could lead to parking congestion and emergency vehicle access issues. However, the City Council gave final approval for the CityVue II apartment building last year which resulted in a slight increase in per unit parking available for the two apartment buildings. The Eagan Fire Department has reviewed the current proposed development plans and does not have any concerns. According to the narrative, over 60% of their business is through the drive-through which reduces the overall parking demand. Additionally, Chick-fil-A is closed on Sundays and their peal- periods are opposite when the apartment parking demand would be greatest. Lastly, according to the applicant, the City's preference to provide access to the property to the east, further reduces parking availability. The acceptability of the proposed amount of parking is a policy matter to be determined by City officials. Drive-through — The proposed drive-through approach is from the south along the east side of the site, with the pick-up window on the far west end of the north side of the building. Two order lanes are proposed, which merge into a single pick-up lane. Eagan has several other drive- through service restaurants that have implemented a similar design in recent years. Planning Report — Chick-fil-A (CityVue Commons 3`d Addn.) February 28, 2017 Page 7 According to the applicant, this type of design "increases efficiency and minimizes vehicle overflow into the parking lot." Additionally, the applicant's narrative states, "over the last year Chick-fil-A has enhanced the operations of the drive-thru lane by adding the ability for face to face ordering as well as automated payment prior to the pick up window. Innovative features such as these are what have earned Chick-fil-A best drive-thru in America for eight consecutive years as determined by a nationally recognized quick service authority." Generally, drive-through stacking and pick-up should be located on the side or rear of a building rather than on the front of a site adjacent to public right-of-way. The proposed Chick-fil-A drive- through configuration has the drive-through lanes located on the east side of the building with the pick-up window abutting the Yankee Doodle Road right-of-way. The topography of this site is relatively flat and proposed landscaping between the drive-through approach and the Yankee Doodle Road right-of-way, consist of shrubs and perennials which do little to serve to screen the drive-through. Landscaping — The proposed landscape plan appears acceptable. Eight new trees are proposed to be installed with this development and consist of hackberry, ginkgo and serviceberry. The proposed monument sign is set in a landscape bed adjacent to the Yankee Doodle Rd. trail. The existing pylon sign is also set in a landscape bed. Shrub and perennial beds are proposed between the drive-through and the Yankee Doodle Road right-of-way on the north side of the building and between the patio and drive-through on the west side of the building. The separation between the drive-through approach lane and the parking lot is landscaped with shrubs and perennials, which extend around the south side of the building. Landscaping is proposed around the transformer, within the parking islands, and around the trash enclosure. All landscaped areas should be served with automatic irrigation. Tree Preservation — Tree Preservation was previously satisfied with the Preliminary Planned Development. Site Lighting — City Code requires that site lighting be downcast and shielded so the source of light is not visible from off the property. The submitted photometric lighting plan indicates sufficient lighting throughout the parking areas. While light levels slightly exceed 1 footcandle at the north side lot line, this is where the drive-through lane is located, and is adjacent to the trail along Yankee Doodle Road which would not be adversely affected by some light spillover. The proposed 25.5' mounting height for parking lot fixtures is consistent with the medical office building to the south. The parking lot fixtures are LED and dark bronze in color. The fixture adjacent to the east property line is shielded to deter light spill onto the adjacent parcel. Building mounted lighting consist of LED wall packs mounted at 8'. Compact wall -packs are proposed to illuminate the trash storage area, mounted at a height of 8' as well. Planning Report — Chick-fil-A (CityVue Commons 3`a Addn.) February 28, 2017 Page 8 Building Elevations/Architecture — The CityVue Commons PD established design guidelines for buildings and use of compatible finish materials throughout the development. This proposal should be evaluated based on how well it complies with the City ordinance and maintains compatibility within the context of the CityVue PD. Specifically, new buildings in commercial districts are required to utilize at least two Class I materials and be finished with at least 65% Class I materials. Not more than 35% may be Class II or II materials, and not more than 10% Class IV materials. All exterior vertical surfaces are to have an equally attractive or the same finish. The 10,000 sq. ft. retail building to the west, across Promenade Ave, primarily consists of masonry brick and glass as well as EIFS and ornamental metal. The medical office building which is under construction to the south primarily consists of brick, stone and glass. The Chicle-fil-A building is proposed to be finished with brick in two different colors (Red Velour and Silverstone) and glass. Prefinished metal trim and canopy sunscreens are proposed. The south building wall has a bank of tall windows highlighting the entrance and dining areas. The north building wall, adjacent to Yankee Doodle Road, lacks the visible interest which is provided on the south elevation. The faux windows are peculiar and should be of similar size to the other windows on the building. In addition, any facade exceeding 40 feet in width should be designed with multiple planes, multiple sections of coordinating materials, or both, to add visual interest every 40 (80) feet. The plans indicate the building height is 21'8" at the highest point which is less than the 30' maximum requirement. The mechanical roof top units are shown as screened by parapet walls that exceed 30" in height, the minimum height required by City Code for screening of rooftop mechanical units. The trash enclosure design and materials appear consistent with typical City Code standards. The enclosure has walls 8'8" in height. The gates are a composite plastic material formed to look like wood and as such, satisfy the 90% opaque standard. A portion of the enclosure has a roof cover to provide storage, and is accessed by a service door. This door should be painted to match the brick exterior of the enclosure. Mechanical Equipment — City Code Section 11. 70, Subd. 21, requires that all rooftop and ground mounted mechanical equipment be screened from off-site views. The building plans provide the required minimum parapet height of 30", and the landscape plan shows plantings around the transformer. These measures should adequately screen mechanical equipment. Signage — A Master Sign Plan was approved for the CityVue PD which includes entry monuments at the east and west corners of the development at Yankee Doodle, and a monument at the south entrance to the site at Town Centre Drive, to the east of Promenade Ave. A center identification pylon sign also is located at the north entrance to the CityVue site. Building signage is required to meet City Code requirements. Planning Report — Chick-fil-A (CityVue Commons 3`d Addn.) February 28, 2017 Page 9 The proposed sign package consists of building signage, menu board, pylon signage and a free- standing monument sign. Freestanding Signage — City Code allows one freestanding ground sign per building limited to seven feet total in height with four -foot maximum height of sign area. One pylon sign is allowed per building, in lieu of a freestanding sign. The code offers flexibility when adjacent to a freeway or in a multi -development, which is the case with CityVue Commons. Monument Signage — As noted, the Eagan CityVue Commons PD established a comprehensive package for free-standing signs including a gateway pylon sign along Yankee Doodle Road and monument signs at the east and west ends of the development, one of such is located on the northeastern corner of the Chick-fil-A parcel. The purpose was to prevent a proliferation of free-standing signs in the development, while providing identification for the tenants in a cohesive and orderly manner. At the time of the preliminary PD, two lots with two users were proposed on the site that is now proposed with one use on one lot. Chick-fil-A is proposing to replace the approved 7' monument with an 11'-11" pylon with a W-11-1/4" high sign face, adjacent to Yankee Doodle Road. The base is proposed to be brick to match the building with an internally illuminated cabinet sign face and manual reader board display. Pylon Signage — A pylon sign was approved with the Preliminary PD at the west entrance to the site from Yankee Doodle Road. Due to typography and a request from the developer, the pylon sign was relocated to the east of the entrance. The 22' pylon sign is now located on the subject property. The applicant proposes a 22.5 sq. ft. panel on the pylon. Given the layout of the lots on the east side of the development have changed from two lots to one and the pylon sign has been relocated to this side of the development as well, the applicant should be limited to either a panel on the existing pylon sign or a monument sign that meets freestanding sign requirements; not both. If a monument sign is located on this parcel, the signage should be for tenants that do not abut Yankee Doodle right-of-way. Planning Report — Chick-fil-A (CityVue Commons 3`d Addn.) Februaiy 28, 2017 Page 10 Building Signage — As a single tenant building, City Code allows a total of three signs on up to two elevations. The applicant proposes the business name on three elevations and logo on the south elevation. The Chick-fil-A proposal for signage on all four elevations exceeds the amount allowed per Code. The applicant's narrative indicates this is necessary because the building signage will assist customers in locating the building since they "are approaching the site from multiple directions of where the restaurant is located." The signs are proposed to be a channel letter construction, and the logo is a flex face design with applied vinyl graphics. The applicant should revise the elevation drawings to reflect building signage on up to two sides to be consistent with City Code requirements. Menu Board and Directional Signs — The drive-through is proposed to have a clearance bar at the entrance to the approach, and two menu boards are proposed at the point of ordering. The menu boards appear to have a canopy that extends over the drive lane to provide shelter when ordering. Final detail and dimensions of the menu boards should be provided for the PD Amendment Agreement. No directional signage is proposed at the entrance to the subject site. Canopies/Awnings — Canopy and awning details were not provided. Similar retail commercial developments have been allowed Sunbrella, Arlon or Canvas material for fabric awnings, which would also be allowed; however, the same type of material should be used on the building. These materials have been included as a condition of approval to ensure consistency and quality. Further, the canopies/awnings should not include tenant identification. Address Numbers — The address numbers are proposed to be 12" and are presented on the west elevation, which meet minimum code requirements. Topography/Grading — The site generally slopes from southwest to northeast with elevations ranging from 912 to 902. The majority of the site will be disturbed in preparation for the proposed building and parking lot and to flatten out the site. A retaining wall is currently located along the south property line and was built with the medication building to the south. A new retaining wall is proposed along the east curb line of the drive thru lane. This portion of the site is being raised to drain as much of the site as possible to the southwest into the existing storm water stub that was provided with initial development. Wetlands — Because there are no wetlands on site, City Code §11.67, wetland protection and management regulations, does not apply. Planning Report — Chick-fil-A (CityVue Commons 3rd Addn.) February 28, 2017 Page 11 Stormwater Management/Water Quality — The applicant proposes to add new/fully-reconstructed impervious surfaces totaling approximately 56,910 square feet (1.31 acres). The majority of this impervious surface will be directed to the previously installed storm water management system (stormwater pond and iron -enhanced sand filtration basin) that was constructed during the initial phase of development of CityVue Commons. The portion of this parcel that was not able to be directed to this stormwater management system was expected to include approximately 9,105 sq. ft. of impervious surface and was to be directed to an off-site public basin (DP -5). The applicant is proposing to divert an additional 9,101 sq. ft. of new impervious to the off-site basin, due to elevation challenges with surface grades and shallow pipe inverts. Therefore, any "additional" impervious surfaces discharged off-site (exceeding original CityVue Commons development approvals) should be directed to an on-site volume control practice (with a minimum retention volume of 759 cubic feet) for treatment before discharge off-site. The applicant proposes to meet City water quality/stormwater requirements through the on-site construction of one sub -surface infiltration chamber system (with a total retention volume of 780 cubic feet), one pre-treatment structure (4' depth sump with skimmer hood). Stormwater overflow from the underground infiltration chambers will contribute to the City of Eagan's public stormsewer system. Eagan Water Resources has reviewed the applicant's plans, stormwater design summary and modeling provided for stormwater management and finds the proposed plans to meet City Requirements for Volume Control are acceptable with conditions to ensure infiltration system protections during construction, infiltration performance and retention volume capacity verification. Storm Water Drainage — The entire site lies within Drainage District D (as designated in the City Storm Water Management Plan — 2007). A private storm water system of sufficient size, depth and capacity was constructed with the initial CityVue Commons development, and is available for connection by development of this property. The majority of this parcel's storm water runoff would flow through the private storm sewer to the pond and filtration basin on the parcel to the south. This system was designed to accommodate the drainage of a majority of the overall development. Utilities — Lateral water main and sanitary sewer of sufficient size, depth, and capacity is available for connection and extension with the development of this site. Sanitary Sewer District N (as designated in the City's Comprehensive Sanitary Sewer Plan) serves the entire site. Water and sewer service stubs were installed along Promenade Ave. in anticipation of future development of this parcel. With the exception of the water main loop along Promenade Ave., all utilities are proposed to be privately owned and maintained. Private utility maintenance agreements were previously entered into for all lots and outlots in the development. Planning Report — Chick-fil-A (CityVue Commons 3rd Addn.) February 28, 2017 PaEe 12 Streets/Access/Pedestrian Circulation — Promenade Ave., located between Yankee Doodle Road (CSAH 28) and Town Centre Drive, is a two lane private street with a concrete sidewalk located in the west boulevard. This development proposes one full access onto Promenade Ave., a parking lot connection to the property to the south, and a future connection to one of the adjacent properties parking lots to the east. Private cross -easements for ingress/egress and shared parking, and a maintenance agreement for the private street, were previously entered into with all lots and outlots in the development. Private cross -easements for ingress/egress for the future parking lot connection to the east should be provided in a form acceptable to the City Attorney. The developer proposes to construct a sidewalk along the east boulevard of Promenade Avenue from Yankee Doodle Road to the south property line of this parcel. The property to the south will need to extend the sidewalk from their north property line to their driveway entrance as was required as a condition of their Planned Development. Easements/Right-of-Way — Adequate public drainage and utility easements and right-of-way have previously been provided for this parcel. Financial Obligation — At this time, there are no pending assessments on the parcels included with this development. Parks and Recreation Park Dedication — The proposed development is located in the service district seined by O'Leary Park, located immediately to the south of the development site. The property was originally platted in 1985 and at that time, park dedication was satisfied. Trail Dedication — The PD included construction of several walks and trails providing public recreational and transportation benefits. Staff determined that the new trails would satisfy the trail dedication requirements and no additional cash payment would be required. SUMMARY/CONCLUSION Chick-fil-A is proposing a Planned Development Amendment to allow the development of one building and one use on the subject property. The Preliminary Planned Development approved two lots with two uses consisting of a bank with a drive-through and a restaurant use with drive- through service, within the CityVue Commons Planned Development. The proposed plans for the Chicle-fil-A include a number of deviations to City Code standards including parking, building and parking setbacks, signage (pylon, monument and building) and detached trash storage. City staff points out concern with the detached trash enclosure and the drive-through pick up window queue located along the entire length of the building adjacent to Yankee Doodle Road. These aspects of the proposal can be accommodated as part of the PD approval. Planning Report — Chick-fil-A (CityVue Commons P Addn.) February 28, 2017 Page 13 The proposed building architecture and materials appear to meet City Code standards; however, the north side of the building should be redesigned to not appear as the rear of the building. Exterior material colors should be compatible with the primary materials used elsewhere within the CityVue Commons Planned Development. The proposed landscaping and site lighting appear acceptable. Park and Trail dedication has previously been satisfied. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to modify the Preliminary Planned Development from two buildings and uses to one upon 1.6 acres located at 3420 Promenade Avenue, legally described as Lot 1, Block 1, CityVue Commons 3rd Addition. If approved, the following conditions should apply: 1. A Planned Development Amendment Agreement shall be executed and recorded at the time of Final Subdivision. The following exhibits are required for the Agreement: a. Site Plan b. Landscape Plan c. Building Elevations d. Signage Plan e. Site Lighting Plan 2. The outdoor dining patio shall provide outdoor seating of not more than 16 seats as shown on the Site Plan. 3. The operation of the outdoor dining area shall be subject to compliance with the standards in the City Code. 4. A detail of the patio railing shall be provided for the Planned Development Amendment Agreement. 5. The flagpole shall not be used to display any business signs or logos and the Site Plan should identify the same height on the Sign Plan for the pole. 6. All canopies shall be of metal construction and awnings shall be constructed of Sunbrella, Arlon or Canvas material and shall exclude tenant identification. 7. All landscaped areas shall be served with automatic irrigation. 8. The service door to the storage area of the trash enclosure shall be painted to match the brick exterior of the enclosure. 9. Screening of mechanical equipment shall be provided in accordance with City Code requirements. Planning Report — Chick-fil-A (CityVue Commons 3`a Addn.) February 28, 2017 Page 14 10. The north building elevation shall be redesigned to provide the visual interest of a front fagade and any facade exceeding 40 feet in width should be designed with multiple planes, multiple sections of coordinating materials, or both, to add visual interest every 40 (80) feet. 11. The applicant shall revise the elevation drawings to reflect building signage on up to two sides to be consistent with City Code. 12. Building address numbers shall meet City Code requirements. 13. The applicant shall be limited to a panel on the existing pylon sign or a monument sign that is revised to meet City Code standards, not both. 14. The monument sign shall be limited for tenants that do not abut Yankee Doodle right-of- way, if the applicant locates a panel sign on the existing Pylon. 15. The applicant shall submit final detail and dimensions of the menu boards for review by staff prior to the issuance of the building permit. 16. Private cross -easements for ingress/egress for the future parking lot connection to the east shall be provided in a form acceptable to the City Attorney. A sidewalk shall be extended to the north property line to allow more connectivity within pedestrian facilities. 17. This development shall provide on-site volume control for any proposed impervious surfaces to drain off-site that exceed the total originally approved with the CityVue Commons Development. 18. Prior to receiving city approval to permit land disturbing activity, the applicant shall provide to the City a minimum of two soil boring logs within the footprint of the proposed infiltration/filtration area., extending a minimum of 10' below the bottom of the proposed infiltration/filtration feature with continuous sampling, to evaluate and ensure suitability for infiltration, including depth to saturated soils. 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 applicant shall revise the design and/or construction plans to ensure volume control requirements are fully met for the impervious drainage area. Planning Report — Chick-fil-A (CityVue Commons 3rd Addn.) February 28, 2017 Page 15 19. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the annual inspection and maintenance required to occur to ensure proper operation and performance of the permanent stormwater management system (e.g. subsurface infiltration system and pre-treatment structure), in a form acceptable to the City Attorney. 20. 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The CityVue Commons Planned Development consists of a host of retail, office, residential, and restaurant uses. The site is currently a vacant mass graded lot located at the northeast corner of the development. The subject property is currently zoned PD (Planned Development) and will remain PD. The zoning adjacent to the property is Planned Development and CSC containing a mixture of retail and office uses. Chick-fil-A, Inc. (CFA) is proposing the construction of a free-standing restaurant, parking lot, outdoor seating area, associated utilities, and installation of attractive landscaping. The building is proposed to be located along the north side of the site adjacent to Yankee Doodle Road and will contain approximately 4,999 square feet of floor area. An ADA compliant concrete sidewalk for pedestrian access to the Chick-fil-A restaurant is proposed to be installed along the east side of Promenade Avenue. This sidewalk will provide access to the site from the developments on the west side of Promenade Avenue, as well as from the path of the north side of Yankee Doodle Road. Lot Layout/Configuration The subject property is situated at the northeast corner of the CityVue Commons Development. The Chick-fil-A building has been located at the north side of the site in order to provide adequate visibility to the store from the major arterial roadway, Yankee Doodle Road. Providing ample vision will be key to the success of the restaurant as it will attract potential new customers that are traveling along Yankee Doodle Road. The site is proposed to have one access point along Promenade Avenue at the southwest corner of the site. This access has been located at the south side of the site in order to provide sufficient spacing from the Promenade Avenue and Yankee Doodle Road intersection. The CFA development has been configured to provide an east -west drive aisle along the south side of the property. Access to the CFA parking lot, drive-thru lane, and the neighboring medical office parking lot will be provided from this drive aisle. Per City request, this drive aisle will be extended to the east property line at the southeast corner of the site. Doing so will provide a potential access point to the CFA site from the existing developments located to the east. Due to a combination of the site layout and parking requirements, the 50' front building setback will not be able to be achieved. In order to maximize the number of provided parking stalls, the building will need to encroach into the building setback. The site will be in conformance with the building and parking setback requirements on the west, south, and east sides of the site. Chick-fil-A, Inc. 5200 Buffington Road Atlanta, Georgia 30349-2998 Telephone 404-765-8900 Parking Per the PD Agreement and City Code, restaurants with drive-thru lanes are required to provide one stall for every 60 square feet of gross floor area. The proposed Chick-fil-A building has a gross floor area of 4,999 square feet which equates to 83 required parking stalls. Given the proposed building location, parking within the CFA site has been configured in a way to provide the maximum number of parking stalls. Seventy- seven off-street parking spaces will be provided within the Chick-fil-A parcel, which includes four handicap spaces. Per the PD Agreement and discussion with the City, a shared parking agreement for 19 stalls exists between the CityVue apartment building and the CFA parcel. The medical building development to the south was originally part of the shared parking agreement, but it has recently been released from the shared parking requirements. As such the burden to provide all 19 shared parking stalls will fall onto the CFA parcel. As stated above, the CFA site has been configured to maximize parking. Potential parking areas have been lost due to the City's requirement to tie into the access point to the development to the south as well as provide access to the east for a future connection to the properties east of the site. CFA utilizes a drive-thru lane with two stacking lanes up to the order points in order to increase efficiency and minimize vehicle overflow into the parking lot. Even though the CFA site will not be able to provide for the total number of required & shared parking stalls, we do not anticipate any major parking issues due to a variety of reasons. One of those is that Chick-fil-A is closed every Sunday. The CityVue residents will have the opportunity to utilize all 19 parking stalls with no conflict during a time when the parking demand will be the greatest. Another reason is that the peak parking demands of the CityVue apartment building and the Chick-fil-A will be offset during the morning and afternoon hours as it is assumed that most CityVue residents will be at work and will not need to utilize the shared parking during CFA's peaks in the morning and afternoon. The third reason is that CFA does over 60% of their business through the drive-thru thereby reducing the overall demand for onsite parking spaces. Drive-thru Lane Orientation/Operation A drive-thru service facility is proposed to be located on the east and north sides of the site and will provide a 24 car stack. The drive-thru will feature two stacking lanes up to the order points that will merge into one lane leading up to the pickup window. Chick-fil- A has found that this drive-thru configuration increases efficiency and minimizes vehicle overflow into the parking lot. Additionally over the last year Chick-fil-a has enhanced the operations of the drive-thru lane by adding the ability for face to face ordering as well as automated payment prior to the pickup window. Innovative features such as these are what have earned Chick-fil-A best drive-thru in America for eight consecutive years as determined by a nationally recognized quick service authority. Out of all the quick service restaurants surveyed, Chick-fil-A scored the highest in order accuracy, friendliness of the order takers, and speed of service. Overall average wait time from the time an order is placed to pickup is approximately 90 seconds. As such and to this Chick-fil-A, Inc. 5200 Buffington Road Atlanta, Georgia 30349-2998 end, Chick-fil-A does not see customers trying to get out of line because the wait is too long; thereby eliminating the need for a bypass lane. Out of all the restaurants constructed within the Midwest, about 90% of them have a similar isolated drive-thru configuration. Of those 90%, only 15% of those have a bypass lane. The restaurants that do have a bypass lane included are because local code required it. In Eagan, a bypass lane is not required by code. Beyond the above, the only other occurrence that could create a situation where a vehicle would need to get out of line is if a vehicle became disabled. This situation is a rarity; however, if this were to ever occur, the restaurant team members are trained to address this situation as quickly as possible to get the drive-thru lane back in operation. Signage Given the location of the building within the CityVue Development, signage will be paramount in notifying potential customers that are approaching the site from multiple directions of where the restaurant is located. In an effort to assist them in locating the restaurant, signage is proposed on all four elevations. Additionally, Chick-fil-A is proposing to install a monument sign at the northeast corner of the site. The sign has been designed with an overall height just under 12 feet, and will feature a durable brick base, thus providing aesthetic appeal. Chick-fil-A feels the presence of a monument sign adjacent to Yankee Doodle Road is important given that it is a major arterial roadway. Additionally, being fairly new to the market, appropriate signage will be key in the success of the restaurant as it will attract those just driving by as well as assist those coming for the first time. As part of the CFA project, another monument sign for the CityVue Commons is proposed at the northwest corner of the site, near the intersection of Yankee Doodle Road and Promenade Avenue. This monument sign is proposed to have a height and width of 27 and 14 feet respectively. The sign will be constructed of rock face CMU & brick, and will feature halo lit "CityVue" lettering as well as 6 sign panels. This sign will constructed by the subdivision developer and will help notify potential customers to the various businesses within the CityVue development. Traffic/Site Circulation Vehicular access to the proposed CFA restaurant will be provided via an access point along Promenade Avenue at the southwest corner of the site. In addition, the CFA site will be connected to the neighboring medical building development to the south via a shared drive aisle at the southwest corner of the site. Per City request, a future access point has been provided at the southeast corner of the site which will provide access to the CFA parcel from the neighboring properties to the east. This future drive aisle will provide internal access to the CityVue development without having to utilize major arterial roadways. Having multiple controlled access points will minimize impacts to the overall operation of the site and adjacent roadways. Deliveries to the restaurant will be scheduled for off hours and trucks will enter and circulate through the Chick-fil-A site in a clockwise movement. Delivery trucks will stage Chick-fil-A, Inc. 5200 Buffington Road Atlanta, Georgia 30349-2998 along the east side of the site so as not to block the front of the store with the truck should deliveries overlap the hours of operation of the restaurant. Trash Enclosure The proposed plan locates the trash enclosure south and detached from the Chick-fil-A building for a variety of reasons. The main reason is that given the current site & building layout, there would not be enough distance between Promenade Avenue and the east property line to fit the two drive-thru lanes, building, patio, and trash enclosure. In order to make the connection work, CFA would either need to lose the outdoor seating area or one drive-thru stacking lane. As noted above the dual lane configuration is essential to efficient operation and loss of one of the stacking lanes would prohibit efficiency and would push vehicles out into the parking lot thereby creating traffic circulation impacts. Regarding the outdoor patio, CFA strives to provide their customers with the best dining experience possible. For some, this would include dining outside in the months between late spring to early fall. All of the CFA's built within the Minnesota area have an outdoor dining patio and not being able to offer this amenity could be a deterrent for some customers. In addition to the above, attaching the enclosure to the building will extend the length of the building pad area/elevation thereby increasing the height of the retaining wall along the eastern side of the site. Currently the wall is proposed to be no more than 2.5 ' tall; however, as the building gets closer the wall will need to increase in height which will make servicing of existing utilities along the eastern property line more challenging. Additionally, Chick-fil-A prides itself in creating the best possible guest experience and having the enclosure so close to the building & main entry may detract from that. Lot Coverage and Utilities Storm, sanitary, and water services have been stubbed to the CFA site as part of the overall CityVue Development. The medical building located south of the CFA site has provided an 8 -inch sanitary service stub at the southwest corner of the site. A 6 -inch ductile iron water service stub has also been provided near the northwest corner of the CFA site. Due to grading and site layout constraints, stormwater management will be broken up into two different systems. Stormwater generated by the west side of the site, building, and a portion of the drive-thru lane will be collected into a combination of proposed catch basins. Stormwater will then be directed to the shallow storm sewer stub which is tributary to the overall CityVue storm sewer system. The system then outlets into the regional basin located at the southeast corner of the CityVue Development where detention & treatment will be provided. Due to the grading constraints along the east property line, which are created by the need to provide the opportunity for future access to the east, runoff generated by the Chick-fil-A, Inc. 5200 Buffington Road Atlanta, Georgia 30349-2998 Telephone 404-765-8900 east side of the site will be collected into a separate storm sewer system and routed to an existing catch basin located at the northeast corner of the site. Per the CityVue drainage report, approximately 9,105 square feet of impervious surface was originally planned to drain to the existing catch basin undetained. The CFA project will be draining approximately 18,206 square feet of impervious surface undetained, which is an increase of 9,101 square feet. Per conversation with the City, the CFA site will be responsible for providing a treatment volume equal to one inch over the impervious surface difference. Runoff generated by the east side of the site will be tributary to a proposed underground StormTech system that has been sized to infiltrate the required 759 cubic feet. The StormTech system will force this volume to infiltrate into the native soils. Stormwater flows generated by events greater than the one inch event will outlet out of the system to the existing catch basin noted above. All stormwater runoff collected by both systems described above, is ultimately tributary to the storm sewer system located on the south side of Yankee Doodle Road. It has been determined that all three utility service stubs will have adequate capacity to support the proposed Chick-fil-A demand. Conforming Site Plan The proposed Chick-fil-A site plan has been developed with a few deviations from the City of Eagan's Zoning Code. The proposed deviations include a detached trash enclosure, a reduced front building setback, and a shortage of provided parking. Per City request, a plan has been developed that illustrates a development scenario that meets all applicable standard zoning requirements. In order to meet all zoning requirements, the layout of the Chick-fil-A site had to be rotated 90 degrees. The rear elevation would be facing Promenade Avenue and the front of the restaurant would be facing south. In order to fit the dual stack drive-thru lanes, trash enclosure, outdoor seating area, and main entry drive aisle within the allotted space, the proposed building had to be decreased by approximately 2,059 square feet. The building size is also directly related to the number of required parking stalls and the amount that can be provided within the site. Given the 2,940 square foot restaurant, 49 stalls would be required. An additional 19 shared parking spaces would also have to be provided which generates a total requirement of 68 spaces. The conforming plan meets all required building and parking setbacks. Although it is possible to generate a site plan that meets all City zoning requirements, the current layout reduces the building size to an area that would be inoperable for CFA as the majority of interior seats would need to be sacrificed. In this market and to be completive with similar quick service restaurants, the ability to provide adequate indoor seating is paramount to the success of the business. Additionally the play tower would also have to be eliminated which is a nice amenity for many of their customers who have small children. Beyond this another concern would be the lack of building frontage along Yankee Doodle Road. With the current conforming site plan, the rear of the Chick-fil-A, Inc. 5200 Buffington Road Atlanta, Georgia 30349-2998 Telephone 404-765-8900 building and the trash enclosure would be fronting Yankee Doodle creating poor visibility and showcasing the trash enclosure as the main focal point/element customers will see traveling along Promenade which would not be desirous to CFA nor the City. As noted above visibility to the store will be paramount in its success and as such CFA feels the current proposal that fronts the building along Promenade sets them up for the best possibility for success. \\hrgmhnas\data\86160320\Design\Corr\Project Narrative_12-22-16.doc Agenda Information Memo March 7, 2017, Eagan City Council Meeting NEW BUSINESS B. Planned Development Amendment —Supervalu (Cub Foods) Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Planned Development Amendment to add drive-through service for a pharmacy in the Cub Foods building located at 1940 Cliff Lake Road, subject to the conditions listed in the APC minutes. Required Vote For Approval: ➢ At least three votes Facts: ➢ The Applicant is proposing to add drive-through pharmacy service to the existing Cub Foods building. The improvement is proposed as part of an interior store remodel, which relocates the pharmacy to the northwest corner of the building. ➢ The drive-through service window is proposed to be located at the west (front) corner on the north side of the building. ➢ The proposed drive-through approach lane plan displaces 3 parking stalls and replaces lost landscaping on the north side of building. ➢ A sidewalk will be extended from the northwest corner of the building to Cliff Lake Road, improving pedestrian access for the site. ➢ Approximately 16' of the shopping cart screen wall will be removed to improve sight lines where the drive-through lane exits to the main drive aisle in front of the building. Pavement markings and signage are also proposed to enhance site circulation. ➢ Because the existing site is non -conforming as to minimum green space, the conditions of approval require that hard surface elsewhere on the site be converted to green space to achieve no net loss. ➢ The Advisory Planning Commission held a public hearing on the proposal at their February 28, 2017 meeting, and did recommend approval. Issues: ➢ None 60 -Day Agency Action Deadline: ➢ April 2, 2017 Attachments: (4) NBB-1 Location Map NBB-2 Draft February 28, 2017, APC Meeting Minutes NBB-3 Planning Report NBB-4 Report Exhibits <1z cli - __ • w`to ,. ,. • WAMM r H 111 �III� /® G1/��"� :�'i:���_ �iA� e� -' � �■ 4 -... MAIN 14111— hk f 1111 IllllllOO��j ►, Ij� MEloop m INS loll 11 ��� p'/.®� r11 111111 �► Q�3� �, �'+��11` 1�, �� moo`` o®'/r,�®�e�,�e111� ,•`,,''� ,� � � li . � � ®�� C► �O�ij��,® ' f 111 ��•� .. `�® e.. � N . ■ ;�M � �� ♦®�%!e®iii .. L ..� -int � � ��, •i��,�i� �� � �J � " ,,ill � !� gip: �„� '��i�♦ �®1�Iii : `� . I'I ��� ■■ ■�iit■i�r� �o��'� : I � � � =X1111111111 ,A ■::■���®■�n►�� oo�� ��:: =:: � � ill: ' :: ■iii■r1� . ♦ �_ ■ '► it►� I =� � ■ ■1 !■ �� ,�''� ♦ � � n■ � ►:� +, ���� t =®-off ■ r��• .I�1 ��j��'�����IU�j�,� • � ,•� 4►� �`�� iii'-1�■ Advisory Planning Commission February 28, 2017 Page 5 of 11 B. Cub Foods Applicant Name: Dave Jamieson, Supervalu Location: 1940 Cliff Lake Road; Lot 1, Block 1, Cliff Lake Centre Application: Planned Development Amendment A Planned Development Amendment to allow a pharmacy drive-thru service. File Number: 29 -PA -02-01-17 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated February 22, 2017. Dave Jamieson, representing the applicant, explained the proposal and stated he was available for questions. Chair Filipi opened the public hearing. There being no public comment, Chair Filipi closed the public hearing and turned the discussion back to the Commission. Member Weimert moved, Member Woebke seconded a motion to recommend approval of a Planned Development Amendment to add drive-through service for a pharmacy in the Cub Foods building, subject to the following conditions: An Amendment to the Final Planned Development Agreement shall be executed, in a form acceptable to the City Attorney, and recorded against the property within 90 days of City Council approval. The Agreement shall include the following exhibits: • Site and Signage Plan • Landscape Plan • Site Lighting Plan 2. A Sign Permit is required prior to any installation of any signs. 3. The applicant shall provide a revised Site Plan illustrating no net loss of green space for the site. After the motion and second, Member Piper suggested that, as a Planned Development Amendment, condition ##3 should be amended to require an increase in green space over the existing amount. There was no consensus to modify the condition and Member Piper withdrew his suggestion.. All voted in favor. Motion carried 5-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: February 22, 2017 APPLICANT: Supervalu PROPERTY OWNER: SVH Realty Inc. REQUEST: Planned Development Amendment LOCATION: 1940 Cliff Lake Road CASE: 29 -PA -02-01-17 HEARING DATE: February 28, 2017 APPLICATION DATE: February 1, 2017 PREPARED BY: Pam Dudziak COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of a Planned Development Amendment to add drive- through service for a pharmacy in the Cub Foods building located at 1940 Cliff Lake Road, legally described as Lot 1, Block 1, Cliff Lake Centre. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the advisory planning commission for its consideration and recommendation. BACKGROUNDMISTORY This property is part of the Eagan Hills West Planned Development which was initially established in April 1979. The Cliff Lake Centre portion of the PD was platted in 1988, establishing a retail grocery store on the subject property. Planning Report — Cub Foods February 28, 2017 Pave 2 EXISTING CONDITIONS The property contains an existing 67,157 s.f. retail grocery store constructed in 1998 upon approximately 7.4 acres. The existing parking lot and building were constructed with the original development of the site. The building is connected to City sewer and water services, and no utility modifications are proposed with this planned development amendment. Access to the site is provided in three locations from Cliff Lake Road to the north. The existing parking lot is shared between two buildings, and this parcel has two full accesses and one right-in/right-out access onto Cliff Lake Road. The main parking lot is located on the west side of the building. The existing drive aisle in front of Cub Foods is approximately 30 feet wide and accommodates two-way traffic. A service drive extends around the east and south sides of the building. The site has mature landscaping that was installed with initial site development. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Compatibility with Surrounding Area — The proposed drive-through use appears generally consistent with the surrounding uses. Proposal — The Site Plan proposes a drive-through pharmacy pick-up window on the northwest corner of the building. The drive-through lane approach is from within the small parking lot on the north side of the building, exiting to the main drive aisle in front of the store right at the northwest corner of the building. Three parking stalls and some landscaping are proposed to be displaced with this site work. Additional modifications include cutting back the shopping cart storage screen wall to improve sight lines at the proposed drive-through exit, installing the pick- up window and canopy at the northeast corner of the building, and completing a sidewalk connection between the building and Cliff Lake Road. Pavement markings and directional signs will also facilitate site circulation. The proposed pharmacy drive-through is part of an interior store remodel which relocates the pharmacy to the northwest corner of the building and changes the floor plan affecting the bakery, deli and produce areas, as well. Existing Use Zoning Land Use Designation North Residential Townhomes PD, Planned Development MD, Medium Density East Residential Townhomes PD, Planned Development MD, Medium Density South Retail Commercial PD, Planned Development RC, Retail Commercial West Retail; Townhomes PD, Planned Development RC, Retail Commercial; MD, Medium Density EVALUATION OF REQUEST Compatibility with Surrounding Area — The proposed drive-through use appears generally consistent with the surrounding uses. Proposal — The Site Plan proposes a drive-through pharmacy pick-up window on the northwest corner of the building. The drive-through lane approach is from within the small parking lot on the north side of the building, exiting to the main drive aisle in front of the store right at the northwest corner of the building. Three parking stalls and some landscaping are proposed to be displaced with this site work. Additional modifications include cutting back the shopping cart storage screen wall to improve sight lines at the proposed drive-through exit, installing the pick- up window and canopy at the northeast corner of the building, and completing a sidewalk connection between the building and Cliff Lake Road. Pavement markings and directional signs will also facilitate site circulation. The proposed pharmacy drive-through is part of an interior store remodel which relocates the pharmacy to the northwest corner of the building and changes the floor plan affecting the bakery, deli and produce areas, as well. Planning Report — Cub Foods February 28, 2017 Page 3 Parking — The proposed drive-through will result in the loss of 3 parking stalls. Under the City's current parking ordinance, 254 parking stalls are required. With 431 stalls, existing parking on the site far exceeds what is required by City Code. Green Space — The site was developed prior to adoption of the ordinance requiring minimum 30% green space in commercial zoning districts. The plans indicate existing impervious coverage of 88.43%, a green space ratio of 11.57%. The proposal results in a slight decrease in green space, lowering the ratio to 11.0% Due to the over -abundance of parking on the site, staff suggests the applicant should convert other hard surface to green space so at a minimum, there is a no net loss of green space resulting from the proposed improvement. Converting the remaining eleven (11) parking spaces in the drive-through area to a landscaped green area is one idea. Elevations — The existing building is primarily brick with an EIFS panel above the storefront, and EIFS accent band across the top of the building. As part of the overall remodeling plan, the EIFS accent band is proposed to be repainted, the EIFS cornice removed, and the EIFS panel above the storefront replaced with a fiber cement wall paneling. Both EIFS and fiber cement paneling are considered Class III materials, and this change does not affect the ratio of building materials. Signage — The applicant proposes signage for the pharmacy on the north and west elevations. On the west elevation, the pharmacy sign will replace an existing "24 Hour Savings" sign. The proposed pharmacy drive-thru sign on the north elevation is new and is situated at the front corner of the building, above the new pharmacy drive-thru window. Both signs appear to be consistent with City's Sign Ordinance. A Sign Permit is required prior to any installation of any signs. Landscaping — The proposal removes nearly all of the existing plantings and along the north side of the building. New evergreen shrubs (spreading yew) and one new ornamental tree (snowdrift crabapple) are proposed to be planted in the island east north of the new drive-through lane. Tree Preservation — Two existing trees are proposed to be removed; one new tree and more than 25 shrubs are proposed to be installed. The narrative indicates "Based on locations of existing over story trees elsewhere on the existing site and the desire to maintain sight lines to existing building and proposed pharmacy signage, the Landscape Plan contains a higher quantity of low shrubs to supplement fewer proposed over story trees." Site Lighting — The lighting plan is acceptable. Existing site lighting provides adequate illumination of the parking and sidewalk areas north of the building, as well as the proposed drive-thru lane. Additional downlighting is proposed to be added above the drive-thru lane near the pick-up window and exit drive. The new lights provide additional illumination for transactions and security in the drive-thru area, without glare or light spill off the property. Planning Report — Cub Foods February 28, 2017 Page 4 Wetlands — Because there are no wetlands on site, City Code §11.67, wetland protection and management regulations, does not apply. Storm Water Management/Water Quality — The entire site lies within Drainage District A (as designated in the City Storm Water Management Plan — 2007). Storm water generally flows to the south into city pond AP -11. No storm water modifications are proposed with this planned unit development. The applicant proposes to increase the amount of impervious surface by approximately 1,900 square -feet. Because the increase in impervious surface is below 10,000 square -feet, the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality do not apply. A no net loss of green space would result in no change in storm water generated at the site. Access and Site Circulation — No access modifications to public streets are included with this proposal. The proposed addition of a drive thru lane in the parking lot to the north would eliminate four existing parking stalls, and create a one-way 12' wide drive lane adjacent to the building that exits onto the main drive aisle in front of the building. Adequate traffic control signage and pavement markings are proposed at both the entrance and exit of the drive-through. To improve sight distances at the exit, approximately 16' of the existing cart screen wall is proposed to be removed in front of the building. The applicant stated that the area behind the cart screen wall is not being utilized for cart storage. Existing "No Parking" signs along the sidewalk in front of the building are also proposed to be relocated to make the sidewalk more accessible. A new sidewalk is also proposed to connect the building to the trail along Cliff Lake Road. Easements/ Permits/ Right -of -Way — Adequate right-of-way and public drainage & utility easements currently exist on this site. Financial Obligation — At this time, there are no pending assessments on the parcel. SUMMARY/CONCLUSION In summary, the Applicant is proposing to add drive-through pharmacy service to the existing Cub Foods building at 1940 Cliff Lake Road. The drive-through service window is proposed to be located at the west (front) corner on the north side of the building. A sidewalk will be extended from the northwest corner of the building to Cliff Lake Road, and a portion of the cart screen wall will be removed to improve sight lines where the drive-through lane exits to the main drive aisle. The proposed drive-through lane displaces 3 parking stalls and replaces lost landscaping on the north side of building. Based on current standards, the site is significantly over -parked and the applicant should convert exiting hard surface to green space so there is no net loss of green space. Planning Report — Cub Foods February 28, 2017 Page 5 To recommend approval of a Planned Development Amendment to add drive-through service for a pharmacy in the Cub Foods building located at 1940 Cliff Lake Road, legally described as Lot 1, Block 1, Cliff Lake Centre. If approved the following conditions shall apply: 1. An Amendment to the Final Planned Development Agreement shall be executed, in a form acceptable to the City Attorney, and recorded against the property within 90 days of City Council approval. The Agreement shall include the following exhibits: ® Site and Signage Plan ® Landscape Plan ® Site Lighting Plan 2. A Sign Permit is required prior to any installation of any signs. 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P9 I Ki - LU 0 zo ej WV3 pA wn d, Em mi OM� LU LU I#e ui oil 003 U) X1 . C 0-1 (n P O LLI 0- LLI IM 9 -0 LWI BUHR-, H, IN R i I g WIN' z I LU 0 orm "dad z iF6 6Kage g z LU w -p p, -4,v LL, 0 Hill;z -g- mg. jo p Im 32 a2 �12-86 112-H 48p,& , w 0B IL D U LLJ ❑ 0 RO HUHN 1 ®®® ®®0 986000 0000 00 000000 00 ie - 01 L z Z. Z z F- >1 Lu W U) LU H LU 0 U) ui z gw z LU 0-- see ui (D z U) (1) 0 pa. T 0 0 x LU w IL w Building a Better World for All of Us' February 2, 2017 (revised) RE: Planned Development Amendment Cub Foods - remodel 1940 Cliff Lake Road Eagan, MN 551212 City of Eagan Community Development Department Planning Division 3830 Pilot Knob Road Eagan, MN 55122 Dear City Planner: The proposed project improvements consists of the addition of a Pharmacy drive-thru along the North side of the existing Cub building located at 1940 Cliff Lake Road in Eagan, Minnesota. Exterior enhancements including site, landscaping, building signage and exterior material modifications are included as part of this proposed work. The narrative below and attached plans address the City of Eagan's (City) staff comments dated January 26, 2017. The Pharmacy department is currently positioned along the front of store, located between the main Entrance and Exit vestibules. Supervalu is relocating this department, along with other departments, to allow for an added Pharmacy drive-thru feature as a convenience to its customers. This will also allow for better positioning of inner departments to improve the customer's shopping experience. The optimum location for Pharmacy is along the North wall to not impact the floor plan layout and be a disruption to shoppers, with the transaction window positioned nearest the NW corner to provide visibility to a vehicle stopped in the drive-thru aisle. If the transaction window was positioned further East within the limits of the Pharmacy, sight lines would be further restricted due to the vehicles being stopped further back, which would provide additional space for vehicles to accelerate. As proposed, someone walking along the sidewalk approaching the drive-thru lane would be able to see the front of a car stopped at the transaction window. The exterior site work includes the construction of a bituminous pharmacy drive-thru aisle with a concrete pad, construction of new concrete pedestrian ramps, a new concrete sidewalk connection to Cliff Lake Road, concrete curb and gutter, and new landscape plantings to supplement the trees/shrubs that are necessary for removal with the proposed improvements. Based on locations of existing over story trees elsewhere on the existing site and the desire to maintain sight lines to existing building and proposed pharmacy signage, the Landscape Plan contains a higher quantity of low shrubs to supplement fewer proposed over story trees. New plantings are concentrated in the landscaped islands adjacent to the proposed pharmacy drive aisle. The building exterior modifications on the West elevation consists of removal of the existing "Cub Foods" and "24 Hour Savings" building signage, and replace with a refurbished "Cub" sign and a new "Cub Pharmacy" sign in approximately the same locations as removed. The existing "TCF Bank" sign for the Engineers 1 Architects I Planners I Scientists Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 SEH is 100% employee -owned I sehinc.com 1 651.490.2000 1 800.325.2055 1 888.908.8166 fax City of Eagan February 2, 2017 Page 2 shared tenant will remain in its current location. The existing exterior insulation finish system (EIFS) that is currently on the West canopy facade will be removed and replaced with a new Nichiha fiber cement panel cladding to give the fagade a new refreshed look, and has the same class III material category as (EIFS). Modifications on the North elevation consists of constructing a new cantilevered canopy with a new "Cub Pharmacy Drive-Thru" sign located at the Pharmacy drive-thru window to protect drive -up customers from inclement weather, and will have the same Nichiha fiber cement panel cladding material. The existing EIFS accent bands located above the main building brick finish will be refurbished with a new StoCoat Lotusan wall coating finish, and will extend on all sides of the building. The exterior enhancements will begin in spring, estimated to be around an April/May start and dependent on current weather conditions at that time. The phasing of the total project includes interior improvements which is anticipated to begin in February, and will be independent of the exterior site work. The interior work to relocate inner departments must be completed prior to the Pharmacy department move, and exterior Pharmacy drive-thru site and landscaping work beginning. A variety of parcel types are located within 660 feet of the Cub property including: Commercial, Residential -Townhouse, Residential, City Parks/parcels, and School property. No adverse impacts to the surrounding properties or land uses are anticipated as a result of the proposed improvements. In addition, there would be no impact to the existing entrances to Cub off of Cliff Lake Road. The proposed improvements include the addition of several new ADA compliant pedestrian ramps and a new portion of sidewalk to provide pedestrians a direct connection to the existing pedestrian ramp at the southeast corner of the intersection of Cliff Lake Road and the existing sidewalk in front of the Cub Foods building. Currently, pedestrians wishing to access Cliff Lake Road from the store need to traverse the main drive aisle, so providing an off-road route for pedestrians will provide additional safety to pedestrians. Several plan features are proposed to ensure that the pedestrian crossings of the Pharmacy drive -aisle and northern parking lot are as safe as possible for pedestrians and vehicles. Proposed features include: the addition of two stop signs for vehicles exiting the drive-thru, a "Stop for Pedestrians in Crosswalk" sign at the drive-thru exit, painted crosswalks at the drive-thru aisle and north parking lot, and removal of approximately 16 feet of the existing brick cart storage wall to improve sight lines. A net reduction of two parking stalls to the Cub property would result from the proposed improvements, but it is anticipated that the addition of the proposed pharmacy drive-thru will offset the slight reduction in parking stalls. Proposed landscaping improvements will replace trees/shrubs that are removed for the improvements, as well as replace trees that have died over the years. The proposed improvements result in a slight increase in impervious area of approximately 1,900 square feet, which is below the City's 10,000 square foot threshold for requiring storm water management or treatment. All surface drainage will be remain on site and there will be no impacts to public streets or to sanitary sewer or water mains/services. The addition of the pharmacy drive-thru allows Cub to adapt the use of the land to meet current industry trends/demand by providing consumers a more efficient way to obtain their medications. Members of the community will benefit from the proposed pharmacy drive-thru since it would provide a convenient alternative for customers to patronize the pharmacy without having to leave their vehicles. Sincerely, SHORT ELLIOTT HENDRICKSON INC. City of Eagan February 2, 2017 Page 3 Daren Johnson Project Design Leader dj Attachment cc: Dave Jamieson — Supervalu Bryan Slattery — Supervalu s:\pl\s\supva\139077\3-env-stdy-regs\32-permit\20170109 -planned development amendmenl\20170202 -pda revisions\cub eagan w-pda revisions narrative_20170202.docx Agenda Information Memo March 7, 2017, Eagan City Council Meeting NEW BUSINESS C. Planned Development Amendment — Arrowhead Lodge BRF, Inc. Action To Be Considered: To approve (or direct preparation of Findings of Fact for Denial) a Planned Development Amendment to allow a 4 -story 86 -unit hotel upon approximately 2.24 acres located at 1335 Corporate Center Curve, subject to the conditions listed in the APC minutes. Required Vote For Approval: ➢ At least three votes Facts: ➢ The applicant is proposing to amend the use of the property from office to hotel, to allow a four-story 86 -room Comfort Suites hotel. ➢ This 2.4 acre site is the last undeveloped parcel within a Planned Development that was established in the 1980s as a multi -story office development. ➢ The proposed hotel building is situated with the main entrance facing east. Parking surrounds the building, and is shared with the adjacent office buildings to the west through existing easement agreements. A new driveway access is proposed at the southeast end of the site, providing a direct path for incoming vehicles to the building's main entrance. ➢ The proposed development plans appear to largely satisfy typical City Code standards, with some modifications as identified in the staff report. ➢ The proposed Site Plan makes use of previously approved deviations to building and parking setbacks, which can be accommodated within the Planned Development. A trash enclosure is proposed off the northwest corner of the building with access from the north. ➢ Stormwater management is proposed to be on site, and the proposed drainage plan is acceptable. ➢ The proposed grading and utility plans are acceptable, and there are no tree preservation issues. ➢ The plan provides 93 stalls installed, plus 4 stalls proof of parking. 97 parking stalls are required. An additional 6 stalls are proposed to be added at the north end of the adjacent property, which is consistent with prior plans for this Planned Development. ➢ The property will need to be replatted, and a Final Planned Development which incorporates modifications to the plans as identified in this report will be required prior to development of the site. ➢ The Advisory Planning Commission held a public hearing on the proposal at their February 28, 2017 meeting, and did recommend approval. Issues: None 60 -Day Agency Action Deadline: ➢ March 19, 2017 Attachments: (4) NBC -1 Location Map NBC -2 Draft February 28, 2017, APC Meeting Minutes NBC -3 Planning Report NBC -4 Report Exhibits WIUy 6 � b0 SOl3� �CD CD C N o _ Y U o Y N a �Y� N y c 0 N N c QL } & °CL n m a y o � o� � d J WIUy 6 � b0 SOl3� �CD CD C N U o N a O L o 0 N y c 0 N N c O a n m a y o � � d J 0 WIUy 6 � b0 SOl3� Advisory Planning Commission February 28, 2017 Page 6 of 11 C. Comfort Suites Applicant Name: Rajiv Judge, Arrowhead Lodge BRF Inc. Location: Outlot A, Eagandale Office Park 6th Addition Application: Planned Development Amendment A Planned Development Amendment to allow a four-story, 86 room hotel. File Number: 03 -PA -03-01-17 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated February 23, 2017. Member Piper asked if the City Code required additional parking for hotels to provide shuttle service for guests, referencing the comment in the staff report that the plans provide only enough parking to meet City Code standards and no additional parking. Planner Dudziak responded it is not a City Code requirement; however, other hotels in the City do provide shuttle service where overflow parking has become a concern, and the parking needs of hotel shuttle service did come up in another recent hotel development proposal. Member Sagstetter asked whether the 6 parking stalls on the north end of the adjacent lot that were not included in the parking counts were factored in to the green space calculations. Tom Goodrum, Planner for Westwood Professional Services representing the Applicant, introduced himself and stated the 6 calculations did include the 6 stalls, which were shown on previous development plans for the property. He further explained the site circulation adding that the new driveway will direct traffic to the front of the hotel building and away from existing buildings. Member Piper asked about parking and if the hotel intended to provide shuttle service and extended guest parking. Mr. Goodrum responded that the applicant intends to utilize the parking available, without overparking the site. With occupancy typically about 70%, cross easements for shared parking, and apparent excess parking on the adjacent lots, the applicant believes adequate parking is available and if parking is problematic, vehicles will be towed. Member Weimert asked about the delivery area west of the building. Mr. Goodrum stated there are separate doors for deliveries and the main lobby area. Chair Filipi opened the public hearing. Matthew Loven, attorney on behalf of neighboring property owner of 1345 Corporate Center Curve in response to the public hearing notice. They are trying to understand impacts to them of the proposed development. He acknowledged the existing cross -parking easements, and stated concern with the change to an intense hotel use on Outlot A since the easements were created with the expectation that this area would be an office park. He questioned access to the site, and again stated a concern for minimizing impacts of the development to neighboring property. Advisory Planning Commission February 28, 2017 Page 7 of 11 Matt Klein, owner of the adjacent property, acknowledged the private easements, and stated concern for potential impacts to his property from the hotel development. There being no further public comment, Chair Filipi closed the public hearing and turned the discussion back to the Commission. Member Weimert requested the Applicant address the neighbors' concerns. Mr. Goodrum, stated the proposed hotel is lower intensity and with more than 100 fewer parking stalls over the previous development plan for an office building. The proposed new driveway access will lead directly to the front of the hotel, and direct traffic away from the shared driveways with the office, reducing traffic through the neighboring lots. Member Sagstetter stated he would prefer the islands not be converted to proof of parking and that they remain in green space. Member Sagstetter moved, Member Piper seconded a motion to recommend approval of a Planned Development Amendment to allow a 4 -story 86 -unit hotel upon approximately 2.24 acres, subject to the following conditions: A Planned Development Amendment Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The Planned Development Amendment Agreement shall include the following exhibits: a. Site Plan b. Building Elevations c. Landscape Plan d. Tree Mitigation Plan e. Signage Plan 2. A Final Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The Final Planned Development Agreement shall include the following exhibits, revised per the conditions of approval for the Planned Development Amendment: a. Final Site Plan b. Final Building Elevations c. Final Landscape Plan d. Final Tree Mitigation Plan e. Final Signage Plan 3. The property shall be replatted as a lot prior to issuance of a Building Permit. 4. The building shall incorporate sound attenuation measures to achieve an interior sound level reduction of 24 dBA within Zone 3 per City ordinance. Compliance with this standard shall be demonstrated at the time of Building Permit. 5. The enclosure should be of a size that can accommodate both trash and recyclable materials, and meet other design standards in the City Code for materials, height and gates. Advisory Planning Commission February 28, 2017 Page 8of11 6. All site and building signage should be subject to City Code standards, and a Sign Permit obtained prior to installation of any signs. 7. A Signage Plan shall be provided for incorporation into the Final PD Agreement providing details of both the building and monument signs. 8. The base of the monument sign shall be of masonry material to match the principal building. 9. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. 10. The pole -mounted parking lot lights shall be the same height as on the adjacent lot, which are 28' in height. 11. A revised Final Site Lighting Plan shall confirm consistent pole height and that the level of illumination from both existing and proposed fixtures is sufficient to meet the 0.5 footcandle standard throughout all areas of the parking lot. 12. An encroachment agreement shall be provided for the retaining wall located in the drainage and utility easement along Corporate Center Drive, in a form acceptable to the City Attorney. 13. Fire hydrant spacing shall be provided at locations in accordance with City Fire Department and Public Works standards. 14. The applicant shall provide private cross -easements for ingress/egress and shared parking, in a form acceptable to the City Attorney, at time of building permit. 15. The applicant shall be responsible to restore the sidewalk, street, curb and gutter, and boulevard in a manner acceptable to the City Engineer. 16. This development shall meet the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control of the site's new impervious surface area and any other disturbed soils that are not remediated following an approved Soil Management Strategy. 17. The applicant shall modify infiltration basin construction details and notes to clarify appropriate sub -soil over -excavation depth, bioretention soil media replacement, sub -soil ripping, construction notes to prevent equipment within the basin during and after construction, live -planting of the basin bottom, effective erosion control at base and top of side -slopes, etc. in accordance with Public Works standards. 18. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the annual inspection and maintenance required to occur to ensure proper operation and performance of the permanent stormwater management system on each parcel, in a form acceptable to the City Attorney. Advisory Planning Commission February 28, 2017 Page 9of11 19. During infiltration system area over-excavation/sub-soil work, the applicant shall ensure that a Certified Soil Scientist will be present to verify and document that practice area sub -soils are suitable for a saturated condition infiltration rate of 0.6 -inch per hour or greater (but less than 8.0 -inch per hour). If the sub -soil infiltration rates are less than 0.6 - inch per hour (or greater than 8.0 -inch per hour), the applicant shall immediately notify the City Engineer and revise the volume control practice(s) as necessary (e.g. over- excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully met. Documentation shall be provided to the City within 48 -hours after infiltration capability verification. The applicant shall provide the City Water Resources staff with 24-hour advance notice of the occurrence of infiltration verifications and also prior to any excavation and/or soil backfilling within the infiltration practice. 20. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sumps, infiltration basin, etc.) conform to design and/or construction plans, as approved by the City. As -built volumes (for retention and detention) shall be provided for the infiltration/bioretention basin. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accordance with the plans and specifications approved. This certification shall be provided by a Professional Engineer licensed in the State of Minnesota. Member Piper asked about the cross -easements called for in the staff report. City Attorney Bauer responded that the existing easements are acceptable and no further modifications is necessary for the City. Chair Filipi asked about the impact to green space of the proposed 6 stalls on the north edge of the adjacent property. Mr. Goodrum responded that the 6 stalls were shown on the prior office development plan, and have no negative effect on green space. All voted in favor. Motion carried 5-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: February 23, 2017 APPLICANT: Arrowhead Lodge BRF, Inc CASE: 03 -PA -03-01-17 HEARING DATE: February 28, 2017 PROPERTY OWNER: Eagandale Properties LLC APPLICATION DATE: Jan. 18, 2017 REQUEST: Planned Development Amendment LOCATION: 1335 Corporate Center Curve COMPREHENSIVE PLAN: MO, Major Office ZONING: PD, Planned Development SUMMARY OF REQUEST PREPARED BY: Pamela Dudziak The applicant is requesting approval of a Planned Development Amendment to allow a 4 -story 86 -unit hotel upon approximately 2.24 acres located at 1335 Corporate Center Curve, legally described as Outlot A, Eagandale Office Park 6th Addition. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, 1. The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two-thirds of all members of the council. 2. The Council shall not rezone any land or area in any zoning district or make any other proposed amendment to this chapter without first having referred it to the advisory planning commission for its consideration and recommendation. BACKGROUND/HISTORY The Eagandale Office Park Planned Development was established in 1985. The original Planned Development called for two-story or more office uses. The subject site was initially platted at that time and together with the adjacent properties to the west, comprised a single parcel of 6.75 acres. In April of 1997, the City approved a Final Planned Development that called for a two phase, 90,000 square foot office building upon that entire site. The first phase was constructed on the westerly portion in 1997, with a future expansion planned to the east. The expansion did not occur, and in 2000, the property was subdivided. Subsequently in 2005-2006, a Final Planning Report — Comfort Suites February 28, 2017 Page 2 Planned Development was approved for four office condominium buildings east of that first building, only two of which have been constructed. In 2014, the office condominium association was dissolved, and the property subdivided, with cross easements established as needed for shared ingress/egress, cross -parking, utilities, maintenance, etc. EXISTING CONDITIONS This parcel is the final 2.24 acres remaining from the Eagandale Office Park 6th Addition. The site is fronted by two public streets, Corporate Center Drive to the north and Corporate Center Curve to the south. Site grading, the installation of water and sewer service stubs, and the construction of a storm water pond were performed during construction of the 5th Addition. The site is generally open with areas of voluntary growth that has occurred since the site was graded. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Description of Proposal — The applicant is proposing to amend the approved use for this property from office to hotel, and proposes to develop a four-story 86 -room Comfort Suites hotel on the site. The proposed hotel building is situated with the main entrance facing east, and service areas to the west. Parking surrounds the building, and is shared with the adjacent office buildings to the west through existing easement agreements. Access from Corporate Center Curve is also shared with the adjacent buildings, and one additional new driveway access is proposed further east along Corporate Center Curve, allowing entering vehicles a direct path to the main building entrance. If approved, a Planned Development Amendment Agreement will be executed to document the change in use and development plans, to be followed by a Final Planned Development which incorporates revisions and modifications to the development plans per the conditions of Planned Development Amendment approval. Compatibility with Surrounding Area — The City's Comprehensive Guide Plan designates the property for Major Office land use. While Major Office is typically associated with large multi- story office and research and development facilities, hotels are also listed as one of the uses consistent with this designation. Existing Use Zoning Land Use Designation North Office I-1, Limited Industrial IND, Limited Industrial East Office/warehouse I-1, Limited Industrial IND, Limited Industrial South Office PD, Planned Development MO, Major Office West Office PD, Planned Development MO, Major Office EVALUATION OF REQUEST Description of Proposal — The applicant is proposing to amend the approved use for this property from office to hotel, and proposes to develop a four-story 86 -room Comfort Suites hotel on the site. The proposed hotel building is situated with the main entrance facing east, and service areas to the west. Parking surrounds the building, and is shared with the adjacent office buildings to the west through existing easement agreements. Access from Corporate Center Curve is also shared with the adjacent buildings, and one additional new driveway access is proposed further east along Corporate Center Curve, allowing entering vehicles a direct path to the main building entrance. If approved, a Planned Development Amendment Agreement will be executed to document the change in use and development plans, to be followed by a Final Planned Development which incorporates revisions and modifications to the development plans per the conditions of Planned Development Amendment approval. Compatibility with Surrounding Area — The City's Comprehensive Guide Plan designates the property for Major Office land use. While Major Office is typically associated with large multi- story office and research and development facilities, hotels are also listed as one of the uses consistent with this designation. Planning Report — Comfort Suites February 28, 2017 Page 3 The surrounding area is developed primarily with multi -story offices. To the east and northeast, properties are guided and zoned for limited industrial use, which may include office. To the west and northwest, properties are developed with office uses. There is an existing six -story hotel about 115 mile west of the site on the northeast corner of Pilot Knob Road and Corporate Center Drive. These office and hotel properties are also guided Major Office, and zoned PD, Planned Development. Planned Development and Public Benefit —According to the applicant's narrative, the market- driven proposal would develop a long -vacant parcel of land. The narrative also asserts that the proposed hotel use "reduces traffic impacts [compared to] previous plans ... provides improved stormwater infrastructure," and "not only compliments the surrounding uses but also brings ... new hospitality options and employment opportunity." Further, as compared to the existing approved development plan for the property, the narrative indicates this proposal "is within the same easements and setback parameters established in 2014 and reduces the number of parking stalls." Also, the building placement results in a "more compact development" and creates "greater open space around the pond and public views." Airport Compatibility — The City of Eagan considered airport noise as a factor in its Comprehensive Land Use Guide Plan and has adopted an Aircraft Noise Zone Overlay District in the land use regulations of the City Code in accordance with the Metropolitan Council's 2030 Transportation Policy Plan Appendix M (Land Use Compatibility Guidelines for Aircraft Noise). New construction as defined within these regulations is subject to noise attenuation requirements to limit negative impacts of aircraft noise within established noise zones. The current noise policy contours place this site within Noise Zone 3. The Met Council's land use compatibility guidelines consider transient lodging to be a provisional use in this zone. As such, the building is required to incorporate sound attenuation measures to achieve an interior sound level reduction of 24 dBA within Zone 3 per City ordinance. Lots — The property is currently a platted outlot and is 2.24 acres in size. The property will need to be replatted as a lot prior to issuance of a Building Permit. Bulk Standards — Setbacks — Typical building setbacks would be 20' side and rear yard, and 40' from public right-of-way. This site has public street frontage on three sides, and the building placement satisfies the 40' setback for all front yards. On the west side, the building is set back 16.6' in the side yard, slightly less than the typical 20' minimum. The adjacent 2 -story office building is setback 10' from that lot line. The reduced side yard setback is a deviation that can be accommodated within the PD zoning. Within this PD, a parking setback of 10' from public rights-of-way is allowed, whereas the typical standard would be 20'. The proposed Site Plan utilizes this reduced setback from Corporate Center Curve. Building off the edge of the existing parking lot and Planning Report — Comfort Suites February 28, 2017 Page 4 maintaining the stall and drive aisle dimensions per City Code results in a slight deviation to the 10' setback, with a setback distance of 9.49'. Building Coverage — The building coverage ratio is acceptable. The building footprint is 196' x 76', or about 15,000 s.f. This results in a building coverage ratio of 15.3%, and is below the typical maximum zoning standard for commercial districts, which ranges from 20% to 40%. Green Space — The proposed development maintains 30.3% green space on the property. This is consistent with typical City Code requirements which are 30% in commercial zoning districts, and 25% in business park and industrial districts. Parking — City Code requires hotel parking in the amount of one stall for each room plus one stall for each 8 rooms. Thus, this development requires a minimum of 97 parking stalls. The Site Plan provides 93 stalls, plus 4 stalls proof of parking. The proof of parking would eliminate the parking islands that are proposed to create separation between existing rows of parking and the service drive along the west side of the hotel building. Proof of parking is allowed to satisfy minimum Code standards; however, implementing the proof of parking in this case would result in removal of parking islands, which are also required by City Code. Within this Planned Development, all parking is shared through cross -easements with the two adjacent office buildings and the hotel. Also, no extra parking is being provided for guests to leave vehicles at the site before or after an airport trip, a service commonly provided by other hotels. The acceptability of the proposed arnount of parking is a policy matter for City officials. Consistent with City Code dimensional standards, parking stalls are proposed to be 10' x 19' with 24' drive aisles. Building Elevations/Architecture — The Eagandale Office Park PD was initially established with a building design standard utilizing brick and glass as the primary exterior finish materials. The two office buildings west of this site introduced EIFS as a finish material on the upper portions of the building. The proposed hotel uses brick and stone on the first level of the building, with brick extending to the upper levels anchoring the front entry feature and framing a section of the rear (west) elevation. The change in materials provides visual relief along the building wall as required by City Code. EIFS in four colors is proposed on the upper three levels of the building. EIFS is considered a Class III material. Current City Code requires at least 65% of the building to be finished with Class I and II materials, and not more than 35% Class III and IV materials. Brick, stone and glass are considered Class I and II materials, and comprise between 67% and 69% of materials on all facades. EIFS is between 31% and 33% of materials on each fagade. The roof is pitched and finished with asphalt shingles. Trash Storage — Trash storage is proposed to be within an enclosure attached to the northwest corner of the building. Access to the trash will be from the parking area on the north side of the Planning Report — Comfort Suites February 28, 2017 Page 5 site. The enclosure is set back less than 5' from the side lot line, which is a deviation to the 20' side yard setback standard. The enclosure should be of a size that can accommodate both trash and recyclable receptacles, and meet other design standards in the City Code for materials, height and gates. Mechanical Equipment — City Code requires all mechanical equipment, whether ground or roof mounted, to be fully screened from off-site views. The Site Plan shows a transformer located between the hotel and office building off the northwest corner of the building, behind the trash storage area. The equipment is proposed to be screened with landscaping to the north and south, while the buildings screen it from the east and west. The building is not proposed to have rooftop mechanical equipment. It is designed with a pitched roof over most of the building, and some parapet features at the main entrance on the east elevation and on the rear (west) elevation of the building. Signage — City Code permits one free-standing sign per lot. A monument sign is proposed at the easterly driveway from Corporate Center Curve. Monument signs cannot exceed 7' in height, and not more than 4' height for the sign face. A minimum setback of 10' from all property lines applies to the monument sign. The base of the monument sign should be of masonry material to match the principal building. A generic monument sign detail was provided and is consistent with these standards. City Code allows building signage on two elevations. The submitted plans show signage on only the east elevation above the main entrance of the building. All site and building signage should be subject to City Code standards, and a Sign Permit(s) obtained prior to installation of any signs. A Signage Plan should be provided for incorporation into the Final PD Agreement providing details of both the building and monument signs. Building Address Numbers — Building address numbers should be installed consistent with the provisions of Section 2.78 of City Code. Landscaping — The proposed landscape plan is acceptable, with some modifications. A variety of plant materials are proposed throughout the site. A mix of shade trees and dogwood shrubs are proposed between the parking and right of way. This area should include some evergreen materials for year around screening and color. Parking islands are planted with shade trees and perennials (daylilies). Foundation plantings are proposed on all sides of the building and include a variety of shade trees, perennials and shrub materials. Evergreen trees are proposed at the northeast corner of the parking lot, and also on the northwest side of the building between the hotel and the existing office building. A landscape feature flanks the easterly driveway entrance and contains perennial grasses and flowers. The other two driveway entrances show a bed of perennial flowers only. These beds should also incorporate grasses, or shrubs or other materials to provide some height and year around interest. Planning Report — Comfort Suites February 28, 2017 Page 6 A revised Landscape Plan incorporating these changes should be provided for inclusion in the Final PD Agreement. Tree Preservation — The site was previously graded and existing volunteer vegetation is of non- significant size. Therefore, there are no tree preservation issues associated with this proposal. Site Lighting — The City Code states "Site lighting is required as is necessary for security, safety and traffic circulation. Such illumination shall be indirect and diffused or shielded. Lighting shall not be directed upon public rights-of-way or adjacent properties and the source of light shall not be visible from off the property." A standard of 0.5 footcandles is generally applied as the minimum amount of illumination to achieve this objective, and an average to minimum ratio of not more than 4.0 reflects an acceptable level of light uniformity across the site. The proposed Site Lighting Plan utilizes pole and building mounted LED fixtures. Pole lights are proposed at 30' in height. The pole -mounted parking lot lights should be the same height as on the adjacent lot, which are 28' in height. The photometric plan shows some areas where parking lot illumination is below 0.5 footcandles along the north edge in the southwest portion of the site. This area may also receive illumination from the lights within the existing parking lot to the north, which is not included in the photometric calculations. A revised Final Site Lighting Plan should confirm consistent pole height and that the level of illumination from both existing and proposed fixtures is sufficient to meet the 0.5 footcandle standard throughout all areas of the parking lot. Grading/Topography — The site generally slopes from west to east, with elevations ranging from 896 to 876 (bottom of pond). The majority of the site will be disturbed in preparation for the proposed building and parking lot. The proposed grading plan is acceptable. Retaining walls are proposed along a portion of Corporate Center Drive, along the north side of the proposed building, and along the east side of the proposed parking lot. An encroachment agreement should be provided for the retaining wall located in the drainage and utility easement along Corporate Center Drive. Wetlands — Because there are no wetlands on site, City Code § 11. 67, wetland protection and management regulations, does not apply. Stormwater Management/ Water Quality — The applicant proposes to add new impervious surfaces totaling approximately 1.5 acres on-site, with an additional 0.92 acres of disturbed/graded soils (to be revegetated) on and adjacent to the 2.2 acre parcel. This development will need to comply with the City's Post Construction Stormwater Management Requirements (City Code §4.34) for stormwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control. To meet the 1.1" Volume Control requirement for this development proposal, 5,989 cubic feet of retention will need to be provided (with an acceptable Soil Management Strategy) or 9,663 cubic feet of retention will need to be Planning Report — Comfort Suites February 28, 2017 Page 7 provided if no Soil Management Strategy is proposed for the project's disturbed/ compacted areas that are to be revegetated. The applicant proposes to meet City water quality/stormwater requirements through the on-site construction of one infiltration/rate control basin (with a total retention volume of 23,522 cubic feet/0.54 ac -ft), four pre-treatment structures (4' depth sumps with skimmer hoods), and a rate control outlet to maintain predevelopment peak runoff rates. No Soil Management Strategy is proposed so all 0.92 acres of proposed disturbed soils to be revegetated are proposed to be considered impervious surface for Volume Control requirements/infiltration basin sizing. Stormwater overflow from the basin will contribute to the City of Eagan's public stormsewer system. Eagan Water Resources has reviewed the applicant's plans, stormwater design summary and modeling provided for storinwater management and finds the proposed plans to meet City Code §4.34 Post -Construction Stormwater Management Requirements are acceptable with conditions to ensure infiltration basin protections during construction, infiltration performance and retention volume capacity verification. Storm Water Drainage — The entire site lies within Drainage District H (as designated in the City Storm Water Management Plan — 2007). Storm water discharge from the site enters the public storm sewer system and generally flows to the northwest, discharging directly into a public stormwater (HP -1) within Mendota Heights on the edge of the Minnesota River floodplain, before overflowing into the river floodplain. Utilities — The preliminary utility plan is acceptable. Lateral sanitary sewer of sufficient size, depth, and capacity is available for connection and extension by development of this site. Sanitary sewer District N (as designated in the City's Comprehensive Sanitary Sewer Plan) serves the entire site. Private lateral water main was installed with the initial development of the site. A portion of water main will need to be relocated to accommodate the proposed building and parking lot. The applicant proposes to loop a private water main through the site. Fire hydrant spacing should be provided at locations in accordance with City Fire Department and Public Works standards. Streets/Access/Pedestrian Circulation — The proposed development would have access to Corporate Center Drive and Corporate Center Curve in three locations; two through parking lot connections to the west, and one new direct access to Corporate Center Curve to the south. The applicant should provide private cross -easements for ingress/egress and shared parking, in a form acceptable to the City Attorney, at time of building permit. The new access onto Corporate Center Curve will require removal and regrading of the boulevard, curb removal, and possible damage to the street. The applicant should restore the street, curb and gutter, and boulevard in a manner acceptable to the City Engineer. Planning Report — Comfort Suites February 28, 2017 Page 8 There are no public trails or sidewalks on any of the adjacent public streets. Sidewalks are proposed only around the perimeter of the building. Easements/ Permits/ Right -of -Way — Adequate public drainage & utility easements and right-of- way currently exist on this site. This development should be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to the issuance of a building permit. Financial Obligation — At this time, there are no pending assessments on the parcel. Parks and Recreation — Park and Trail dedications were previously satisfied for this site with the 2014 subdivision. SUMMARY/CONCLUSION The applicant is proposing to amend the approved use for this property from office to hotel, and proposes to develop a four-story 86 -room Comfort Suites hotel on the site. This 2.4 acre site is the last undeveloped parcel within a Planned Development that was established in the 1980s as a multi -story office development. The proposed hotel building is situated with the main entrance facing east, and service areas to the west. Parking surrounds the building, and is shared with the adjacent office buildings to the west through existing easement agreements. Access to the site is from Corporate Center Cut ve. The proposed use is consistent with the Major Office land use designation, and appears compatible with the surrounding area which consists primarily of offices with more industrial uses to the east, and a hotel and other commercial service to the west at the Corporate Center Drive and Pilot Knob Road intersection. The proposed Site Plan makes use of previously approved deviations to building and parking setbacks, which can be accommodated within the Planned Development. The plan provides parking plus 4 stalls proof of parking to meet the City Code standard for hotels. The proposed development plans appear to largely satisfy typical City Code standards, with some modifications as identified in this report. Subsequent to the PD Amendment, platting of the property and a Final Planned Development which incorporates modifications to the plans as identified in this report will be required prior to development of the site. ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to allow a 4 -story 86 -unit hotel upon approximately 2.24 acres located at 1335 Corporate Center Curve, legally described as Outlot A, Eagandale Office Park 6th Addition. If approved the following conditions shall apply: Planning Report — Comfort Suites February 28, 2017 Page 9 1. A Planned Development Amendment Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The Planned Development Amendment Agreement shall include the following exhibits: a. Site Plan b. Building Elevations c. Landscape Plan d. Tree Mitigation Plan e. Signage Plan 2. A Final Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The Final Planned Development Agreement shall include the following exhibits, revised per the conditions of approval for the Planned Development Amendment: a. Final Site Plan b. Final Building Elevations c. Final Landscape Plan d. Final Tree Mitigation Plan e. Final Signage Plan 3. The property shall be replatted as a lot prior to issuance of a Building Permit. 4. The building shall incorporate sound attenuation measures to achieve an interior sound level reduction of 24 dBA within Zone 3 per City ordinance. Compliance with this standard shall be demonstrated at the time of Building Permit. 5. The enclosure should be of a size that can accommodate both trash and recyclable materials, and meet other design standards in the City Code for materials, height and gates. 6. All site and building signage should be subject to City Code standards, and a Sign Permit obtained prior to installation of any signs. 7. A Signage Plan shall be provided for incorporation into the Final PD Agreement providing details of both the building and monument signs. 8. The base of the monument sign shall be of masonry material to match the principal building. 9. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. Planning Report — Comfort Suites February 28, 2017 Page 10 10. The pole -mounted parking lot lights shall be the same height as on the adjacent lot, which are 28' in height. 11. A revised Final Site Lighting Plan shall confirm consistent pole height and that the level of illumination from both existing and proposed fixtures is sufficient to meet the 0.5 footcandle standard throughout all areas of the parking lot. 12. An encroachment agreement shall be provided for the retaining wall located in the drainage and utility easement along Corporate Center Drive, in a form acceptable to the City Attorney. 13. Fire hydrant spacing shall be provided at locations in accordance with City Fire Department and Public Works standards. 14. The applicant shall provide private cross -easements for ingress/egress and shared parking, in a form acceptable to the City Attorney, at time of building permit. 15. The applicant shall be responsible to restore the sidewalk, street, curb and gutter, and boulevard in a manner acceptable to the City Engineer. 16. This development shall meet the City's Post Construction Stormwater Management Requirements (City Code §4.34) for storrnwater management and surface water quality, including Runoff Rate Control and 1.1" Volume Control of the site's new impervious surface area and any other disturbed soils that are not remediated following an approved Soil Management Strategy. 17. The applicant shall modify infiltration basin construction details and notes to clarify appropriate sub -soil over -excavation depth, bioretention soil media replacement, sub -soil ripping, construction notes to prevent equipment within the basin during and after construction, live -planting of the basin bottom, effective erosion control at base and top of side -slopes, etc. in accordance with Public Works standards. 18. Prior to proceeding with land disturbing activity, the Property Owner shall enter into a long-term stormwater management system maintenance agreement with the City, detailing the annual inspection and maintenance required to occur to ensure proper operation and performance of the permanent stormwater management system on each parcel, in a form acceptable to the City Attorney. 19. During infiltration system area over-excavation/sub-soil work, the applicant shall ensure that a Certified Soil Scientist will be present to verify and document that practice area sub -soils are suitable for a saturated condition infiltration rate of 0.6 -inch per hour or greater (but less than 8.0 -inch per hour). If the sub -soil infiltration rates are less than 0.6 - inch per hour (or greater than 8.0 -inch per hour), the applicant shall immediately notify the City Engineer and revise the volume control practice(s) as necessary (e.g. over- excavation/soil-amendment depth, etc.) to ensure volume control requirements are fully Planning Report — Comfort Suites February 28, 2017 Page 11 met. Documentation shall be provided to the City within 48 -hours after infiltration capability verification. The applicant shall provide the City Water Resources staff with 24-hour advance notice of the occurrence of infiltration verifications and also prior to any excavation and/or soil backfilling within the infiltration practice. 20. Before the city returns any Stormwater-related Performance Guarantee Fees on the development site, the applicant shall provide the City Engineer as -built plans that demonstrate that all constructed stormwater conveyance structures, stormwater management facilities (sumps, infiltration basin, etc.) conform to design and/or construction plans, as approved by the City. As -built volumes (for retention and detention) shall be provided for the infiltration/bioretention basin. The applicant shall submit to the City Engineer certification that the stormwater management facilities have been installed in accordance with the plans and specifications approved. 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FENCE MINIMUM STANDARDS: - TYPE: ALUMINUM - COMMERCIAL GRADE - MANUFACTURE: SPECRAIL - COLOR: BLACK - FENCE HEIGHT: 42" - POST SPACING: 72" (6'-0" O.C.), OR AS REQUIRED - POST: 2.5"x2.5"x0.075"(THICK) SQUARE WITH CAP, PLUMB, - GATE POST: 4"x4"x0.125"(THICK) WITH CAP, PLUMB - POST MOUNT: SURFACE OR CONCRETE FOOTING - POST MOUNT PLATE: 5"x5"x0.25"(THICK) MELDED TO POST, WITH FOUR HOLES FOR ANCHORING. - RAILS: 1.5" HIGH(0.090" THICK) X 1" WIDE(0.065" THICK) U -CHANNEL - PICKETS: 0.75"X0.75"X0.050" THICK SQUARE TUBE, PLUMB - SWING GATE: SIMILAR TO FENCE, SELF CLOSING, SELF LATCHING, 42" WIDE. - MISCELLANEOUS: RAILS TO ADJUST TO GRADE WITH PICKETS PLUMB INCLUDE LAST REVISED: "° WestwoodSI3 ) ORNAMENTAL FENCE '7' -"' N 0C ' ► 6 0 T NORTHWEST PARKWAY HOTEL The addition of a Comfort Suites Hotel at Corporate Center Drive and Corporate Center Curve will be a valued hospitality option for the City and surrounding area. Located near both 494 and 35E with convenient access to both highways a hotel will serve both the local business/office needs and the drive through travelers. Rajiv Judge of Arrowhead Lodge, the developer of the property, is proposing a four- story, 86 room Comfort Suites hotel. The hotel will complete the Planned Development for this site and utilize the vacant lot which was originally approved for office in 2000 and again in 2014. Although past approvals were for an office user it became apparent that an office use was not viable in the current market. The proposed hotel is an allowed use in the PD district that will fit well with the surrounding land uses. The site is zoned PD, Planned Development and Guided MO, Major Office. The surrounding land uses are industrial to the east and north with residential zoning further to the south. To the west are the two office condominiums approved as part of the original PD. A hotel use on the site will complement the business needs of the surrounding employment sectors and reduce the traffic impacts to the surrounding residents that would be created by a third office building. Hotel traffic is more fluid and spreads out the AM and PM impacts than an office building would to the local streets. The proposed amendment will have minimal impact to the existing uses and is in compliance to past PD agreements. The hotel is situated wholly on the site and outside of all drainage easements. The building is placed on the western side of the site as opposed to the past plan of having the building on the eastern side. We believe the proposed location provides a better view shed along the street corridors and allows better traffic circulation. The building height is compatible with surrounding buildings including the six -story Holiday Inn a block away and the 5/6 -story Prime Therapeutic building. The project will utilize the existing shared access and parking configuration. The only proposed change to the existing parking is the addition of a third access off of Corporate Center Curve. This access will provide direct access to the front lobby entrance for guests entering the site and improve site circulation. This access location was approved in 2014 with the proposed office building, which was a much higher traffic generator. The project meets the required 97 parking stalls with the use of four proof -of -parking stalls. The four proof -of -parking stalls will be behind the hotel next to the delivery lane. To improve delivery circulation we are proposing parking islands at the end of the existing parking rows behind the hotel. The use of the islands created the loss of the four stalls. We are proposing that if the four stalls are needed at a later time we will remove the islands and replace with parking. The loss of the four stalls is mitigated by several factors including: • The market study shows a projected hotel occupancy between 72% to 80%, thus full parking is not needed • Taxi and Uber type uses will service a portion of the guests thus not needing parking • The shared parking agreement and complimentary uses between the hotel and the office buildings provides temporary back-up availability if full occupancy ever occurs. A recent parking count showed that 44 stalls within the adjoining parking lot were available during midday. The proposed hotel parking requirement is 164 fewer stalls than the 261 stalls (134 outdoor stalls) that were allocated to this site per past approvals. Again, reducing traffic from the surrounding area. Due to its location near 494 it is expected that patrons of the hotel may be there for extended stays and may use the MSP airport for travel. We are supportive of having a policy to tow cars that are parked while patrons are away. We are also open to looking at the shared parking arrangements under the PD. Having 164 fewer stall than allocated plus having complimentary parking uses between the hotel and office buildings we believe there may be a possibility to accommodate extended parking on site. Site Plan Comparison to 2014 We are excited to bring a development plan to the city so quickly after the 2014 proposal. In review of the city staff reports and minutes of the approved office plan we believe we can provide a viable use to this vacant site that fulfills the city's expectation for development. Based on the past plan and discussion with city staff we understand that there are no wetlands on the site and that a tree inventory is not necessary due to the lack of trees. In comparison, both projects provide a single building with surface parking and storm ponding that serves the entire site. Our proposal is within the same easements and setback parameters established in 2014 and reduces the number of parking stalls. The hotel sits further back on the site which opens up the eastern end of the site, creating greater open space around the pond and public views. Having the hotel further back also creates a more compact project and reduces the "sea of asphalt" in the south and central portion of the site. The height of the hotel will also be diminished with its central location. Public Benefit The project develops a vacant parcel and completes a long -approved PD plan. With the development the city receives a new tax base that contributes to the economic development of the area. The project reduces traffic impacts than the previous plans and provides improved stormwater infrastructure. The project not only compliments the surrounding uses but also brings many public benefits that includes park/trail dedication, new hospitality options and employment opportunity. The project is fully funded with no public financial assistance. We look forward to being a part of Eagan and successfully contribute to your growth and prosperity. AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER March 7, 2017 A. CALL TO ORDER 1►��LZ�1�L���17_l C. CONSENT AGENDA 1. APPROVE EDA Minutes 2. APPROVE Sixth Extension of Amended and Restated Preliminary Redevelopment Agreement for Master Developer Services for the Cedar Grove Redevelopment District D. OLD BUSINESS E. NEW BUSINESS 1. PUBLIC HEARING for sale of Outlot B, Paragon Addition to Commercial Investment Properties, Co. F. OTHER BUSINESS G. ADJOURN Agenda Information Memo March 7, 2017 Eagan Economic Development Authority Meeting NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the Agenda as presented or modified. C. CONSENTAGENDA ACTION TO BE CONSIDERED: To approve the Consent Agenda as presented or modified. 1. APPROVE MINUTES EDAC1-1 Minutes of the February 21, 2017 EDA meeting 2. APPROVE Sixth Extension of Amended and Restated Preliminary Redevelopment Agreement for Master Developer Services for the Cedar Grove Redevelopment District FACTS: ➢ The EDA and the City have an agreement with Pratt Development, Inc. to serve as the Master Developer for the Cedar Grove District. ➢ The existing agreement expires on March 16, 2017. ➢ The City owns three parcels in Cedar Grove. Of these three, the sale of Outlot A is expected to close in March 2017. On March 7, 2017, the EDA will hold a public hearing and consider approval of a purchase agreement for Outlot B. ➢ The Finance Committee reviewed the Redevelopment Agreement for Master Developer Services at a meeting on February 22, 2017, and directed staff to draft a Sixth Extension. ➢ The Sixth Extension extends the Redevelopment Agreement to December 31, 2017. The Redeveloper is entitled to commission on any prospective purchaser brought to the EDA on January 24, 2017. If a purchase agreement with CIP is approved, the developer will proceed to the application and review process of the Advisory Planning Commission and City Council. The sale of the property is contingent on approval of the land use application. ATTACHMENTS: EDAN13I-1 Location Map EDAN13I-2 Concept Development Plan EDANBI-3 Sale and Purchase Agreement 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 February 21, 2017 A meeting of the Eagan Economic Development Authority was held on Tuesday, February 21, 2017 at the Eagan Municipal Center. Present were President Maguire, Commissioner Bakken, Commissioner Hansen and Commissioner Tilley. Commissioner Fields was absent. Also present were Executive Director Osberg, City Attorney Dougherty, and Community Development Director Hutmacher, CALL TO ORDER President Maguire called the Economic Development Authority meeting to order. ADOPT AGENDA Commissioner Bakken moved, Commissioner Hansen seconded a motion to approve the agenda as presented. Aye:4 Nay:0 CONSENT AGENDA Commissioner Tilley moved, Commissioner Hansen seconded a motion to approve the Consent Agenda as presented. Aye: 4 Nay: 0 1. It was recommended to approve the minutes of February 7, 2017. 2. It was recommended to schedule a Public Hearing for March 7, 2017 to consider the sale of Outlot B, Paragon Addition in the Cedar Grove Redevelopment District, to Commercial Investment Properties, Co. (CIP) for a multi -family residential development. 3. It was recommended to cancel existing Minnesota Investment Fund project for Prime Therapeutics, LLC, and authorize notification to the Minnesota Department of Employment and Economic Development. There was no Old Business. There was no New Business. There was no Other Business. OLD BUSINESS NEW BUSINESS OTHER BUSINESS ADJOURNMENT Commissioner Bakken moved, Commissioner Hansen seconded a motion to adjourn the meeting. Aye: 4 Nay: 0 Date David M. Osberg, Executive Director REDEVELOPMENT AGREEMENT THIS SIXTH EXTENSION OF AMENDED AND RESTATED PRELIMINARY REDEVELOPMENT AGREEMENT ("Extension") is made this — day of , 2017, by and between Eagan Economic Development Authority, a Minnesota municipal corporation (hereinafter the "EDA"); the City of Eagan, Minnesota municipal corporation (the EDA and the City of Eagan are hereinafter collectively referred to as the "City"); and Pratt Development, Inc., a Minnesota corporation (hereinafter referred to as the "Redeveloper"). (The City and Redeveloper are hereinafter collectively referred to as the "Parties.") WHEREAS, the City and Redeveloper entered into an Amended and Restated Preliminary Redevelopment Agreement dated March 15, 2011, which has been amended on four prior occasions (the "Redevelopment Agreement"); and WHEREAS, the Redevelopment Agreement identified Redeveloper as the Master Developer for the Core Area of the Cedar Grove Redevelopment District (the "Redevelopment Property"); and WHEREAS, the Redevelopment Agreement granted Redeveloper certain exclusive rights to the Redevelopment Property until March 16, 2017; and WHEREAS, the Parties are desirous of extending the term of the Redevelopment Agreement and expanding the scope of the Redevelopment Property, all upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the mutual covenants and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: I . AMBNrDMENT OF REDEVELOPMENT AGREEMENT. A. Paragraph 2 of the Redevelopment Agreement is hereby amended to read as follows: UNDERTAKING AND EXCLUsiVE RIGHTs. In consideration of the time, effort and expenses to be incurred by the City and Redeveloper in pursuing the undertakings set forth herein, the City hereby agrees that for the term of this Agreement it will not: (i) provide or enter into an agreement for provision of financial assistance to any third party in connection with any proposed development within the Site; and (ii) condemn or agree to proceed with the condemnation of any property within the Site to assist or facilitate development within such area by a third party. Said exclusive rights shall continue, unless earlier terminated, as provided for herein, until December 31, 2017, or until such later date as the Parties may mutually agree. B. Paragraph 6 of the Redevelopment Agreement is hereby amended to read as follows: RECOVERY of POSSIBLE COMMISSION. Redeveloper is hereby granted the permission to list the Redevelopment Property outlined on the attached Exhibit "A" with the multiple Iisting service. In the event this Agreement is terminated as of December 31, 2017, Redeveloper shall be entitled to any commission on any prospective purchaser it has provided to the EDA through March 16, 2018. Redeveloper must provide its list of prospective purchasers by January 7, 2018. 2. REDEVELOPMENT PROPERTY. The Redevelopment Property shall consist of the properties outlined on the attached Exhibit "A." 3. No ADDMONAL AMENDMENTS. Except as amended by paragraphs I and 2 above, all other terms of the Redevelopment Agreement shall remain in full force and effect. [Signature Pages to Follow] 2 Sixth Extension of amended and Restated Preliminary Redevelopment Agreement Signature Page of Eagan Economic Development Authority EAGA_N ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation By: Mire Maguire Its: President By: .David M. Osberg Its: Executive Director STATE OF MINNI ESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of 2017, by Mike Maguire and David M. Osberg, the President and Executive Director of the Eagan Economic Development Authority, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public 3 Sixth Extension of amended. and Restated. Preliminary Redevelopment Agreement Signature Page of City of Eagan CITY OF EAGAN, a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: Christina M. Scipioni Its: Clerk STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of 2017, by Mike Maguire and Christina M. Scipinoi, the Mayor and Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public 0 Sixth Extension of amended and Restated Preliminary Redevelopment Agreement Signature Page of Pratt Development, Ince STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing was acknowledged before me this day of v ' � °" % - ° X_ 2017, by Leonard Pratt, the President of Pratt Development, Inc., a Minnesota corporation, on behalf of the corporation. THIS �TSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 432-3136 (RBB: 206-26768) 5 ELS T "A" I F W,fill through March 16, 2018. 04I111LTOonI hf01 111415 EDAC2-1 Sixth Extension of Amended and Restated Preliminary Redevelopment Agreement D. OLD BUSINESS There are no Old Business items at this time. E. NEW BUSINESS 1. PUBLIC HEARING for sale of Outlot B, Paragon Addition to Commercial Investment Properties, Co. ACTIONS TO BE CONSIDERED: To close the public hearing and adopt findings of fact, conclusions, and resolution for the sale of Outlot B, Paragon Addition in the Cedar Grove Redevelopment Area to Commercial Investment Properties, Co. for the development of a 150 - unit market rate apartment project and an approximately 8,000 square foot restaurant. FACTS: ➢ At its January 17, 2017 meeting, the EDA reviewed a concept development plan for Outlot B, Paragon Addition submitted by Commercial Investment Properties, Co (CIP), and directed preparation of a purchase agreement. Outlot B is a 2.74 -acre parcel bounded by Cedar Grove Parkway, Fen Way, Rahn Road, and Eagan Outlets Parkway. ➢ CIP has proposed a four-story, 150 -unit market rate apartment building with approximately 8,000 square feet of attached restaurant space, 199 underground parking stalls on two levels, and 110 surface parking stalls. ➢ The proposal includes vacating Fen Way and incorporating the right-of-way into the development. Public Works has no objection to the vacation of Fen Way with regards to traffic flow in the district. ➢ The purchase price as represented is $1,725,000 which includes the land and an easement for 75 spaces in the adjacent parking garage to serve the restaurant use. Staff and the master developer team believe this to be a fair market offer and consistent with the purchase price per unit of other residential developments in the Cedar Grove Redevelopment District. ➢ A public hearing is required when a public entity considers the sale of property to a private party. At its meeting on February 21, 2017, the EDA scheduled a public hearing for March 7, 2017. The sale and purchase agreement has been executed by CIP, the public hearing has been noticed, and the matter is in order for consideration at this time. ➢ The Advisory Planning Commission considered the proposed use of the property and made a finding of conformance to the City's Comprehensive Guide Plan as its meeting 5 0 E 0 > E U) E E (D 0 L) 2 E m CL z 4j 6 U) z (D <1Z z (Do LL C:, o F - (N::l r- 2) U IQ T C 0 2 2O cu m 0 m 0 0- 0- ca 0. 0 jog rj -0 LO LO � O � bD MW N Ul� :+ i cn O ® u cu U v .Q 0 O v -i tDA O O Ln O ®i U vo ,f" jPn 13 4-1 NOWaw nl'sq i i �. �1 f" � t_ t �� � y:. � � 1 � � Y_ �.� y Lit SALE AND PURCHASE AGREEMENT THIS SALE AND PURCHASE AGREEMENT (the "Agreement"), is made as of , 2017 (the "Effective Date" of this Agreement) between the Eagan Economic Development Authority, a public body corporate and politic and political subdivision of the State of Minnesota (the "Seller") and Commercial Investment Properties, Co., a Nebraska corporation, or its assignees (the "Buyer"). In consideration of the mutual covenants and agreements hereinafter contained, the parties agree as follows: 1.) SALE, AND PURCHASE OF REAL PROPERTY. Seller shall sell to Buyer, and Buyer shall purchase from Seller the following property (the "Real Property"): a parcel of land located in the City of Eagan (the "City"), Dakota County, Minnesota, legally described as Outlot B, Paragon Addition (and including any vacated right-of-way adjacent to the Outlot), Dakota County, Minnesota. 2.) PURCI IASE PRICE AND MANNER OF PAYM13NT. The purchase price ("Pureliase Price") to be paid by Buyer to Seller is One Million Seven Hundred Twenty -Five Thousand and No/100 Dollars ($1,725,000.00). 3.) EARNEST MONEY. Fifty Thousand and No/100 Dollars ($50,000.00) as earnest money to be deposited with First American Title Company ("Title Company") no later than three (3) business days after the Effective Date (the "Earnest Money"), to be held in escrow by the Title Company in accordance with the terms of Title Company's standard escrow agreement. The balance of the Purchase Price, plus or minus any prorations and other adjustments required hereunder, shall be paid in cash, wire transfer, or guaranteed funds on the Closing Date. 4.) CONDITIONS TO BUYER'S OBLIGA'T'IONS. The obligations of Buyer under this Agreement are conditioned upon satisfaction or waiver by Buyer of each of the following by the respective dates indicated: (i) Access. Seller shall allow Buyer and Buyer's agent's access to the Real Property without charge and at all reasonable times for the purpose of investigation and testing. Buyer shall pay all costs and expenses of such investigation and testing and shall indemnify, defend and hold Seller and the Real Property harmless from all costs and liabilities relating to Buyer's activities; provided that Buyer shall not be responsible for existing conditions on the Real Property nor the cost of investigations or studies completed by Seller before the Effective Date. Buyer shall further repair any material damage to the Real Property caused by or occurring as a result of Buyer's testing. 0) Cooperation. Seller shall cooperate in Buyer's attempts to obtain all governmental approvals and permits necessary in Buyer's judgment in order to allow the lawful use of the Real Property for Buyer's intended purposes. Nothing in this Agreement shall be deemed a waiver of the Eagan City Council's right to exercise its legislative discretion to approve or reject any development proposal presented to the City by Buyer. 9 (lc) Documents. Within ten (10) days after the Effective Date, Seller shall deliver to Buyer true and correct copies of all of the Documents (as hereinafter defined) for Buyer's examination and analysis. (d) D_ocumentReview. Buyer shall have determined, in its sole discretion, that it is satisfied with its examination and analysis of all contracts, agreements, plans, warranties and all other documents in connection with the Real Property (together with any amendments thereto), including, without limitation, the following (all of which are collectively referred to herein as the "Documents"): (i) Tests. To the extent available, results of soil tests, percolation tests, structural engineering tests, masonry tests, water, oil, gas, mineral, asbestos, radon, formaldehyde, PCB or other environmental tests, inspection reports, surveys, market studies and core samples, if any, whic,11 relate to the Real Property or the business carried upon therein and which are either in Seller's possession or control. (ii) Phase I ESA. Copies of any environmental reports, including any Phase I Environmental Site Assessments and/or Phase lI Environmental Site Assessments, concerning all or part of the Real Property that are in Seller's possession or control. (iii) Surveys and Mans. To the extent available, surveys, plats or other depictions relating to the Real Property and copies of all wetland analyses, planning studies, aerial photographs, topographical maps or studies, engineering studies and plans and mylars. (iv) Title Insurance Policies. All title insurance policies with exception documents related to the Real Property. (v) Contracts. All agreements, contracts, agreements or other instruments affecting all or any portion of the Real Property, if any, (collectively the "Contracts"), including, without limitation, all warranties and guaranties given to, assigned to, or benefiting Seller or the Real Property. (e) Qernmental AUpiova_s. Buyer shall have obtained, at its, sole cost and expense, all governinental permits, approvals and licenses (itic;luding the vacation of the street known as "Fen Way") as Buyer deems necessary, in its sale discretion, for its intended development, construction and use of the Real Property. (f) Com : liance with Laws. On or before the Due Diligence Deadline (as hereinafter defined), Buyer shall have reasonably determined that the Real Property and Buyer's intended use thereof fully complies with all existing local, state, and federal regulations concerning the maintenance and operation of the Real Property, including zoning, building, health and safety, fire safety and environmental codes and laws and such use is and will be a legal conforming use. (g) Title. Title shall have been found acceptable by Buyer, in its sole discretion, or been made acceptable, in accordance with the requirements and terms of Section 6 below. (h) Environnnental Reme(flation. Seller shall have completed all environmental remediation on the Real Property that can reasonably be completed prior to any construction activity, provided that in any event Seller shall have obtained from the Minnesota Pollution Control Agency a "no association" letter expressly to or for the reliance of Buyer and sufficient, in Buyer's sole discretion, for Buyer to be an "innocent purchase" and to be protected from being a "responsible party" under applicable federal, state and local environmental laws. If there are any delays ill completing environmental remediation as specified by this Agreement through no fault of Buyer, Buyer and Seller shall work in good faith to extend the timelines established in this Agreement; provided that such extensions shall not hinder nor delay Buyer's efforts to commence the project. (i) Storm Water. The Real Property is presently served by an existing, permitted offsite storm water system along Minnesota State Highway 13 and Silver Bell Road, and such system complies with all applicable laws. Buyer shall have received conformation `from the City that such off-site storm water systems are adequate to serve the Real Property, has an efficient and properly placed access point on the Real Property and Buyer's proposed development thereon, that it can utilize, without cost, other than typical annual maintenance costs, such system for the transport, storage and treatment of all storm water from the project. 0) Utility L,ocatial . Buyer shall have confirmed that all utilities are at the boundary of the Real Property. (k) Government Fees. Buyer shall have confirmed the amount of all governmental fees in connection with the development of the Real Property is acceptable. (:1) Rem'esentations and Warranties. The representations and warranties of Seller contained in this Agreement will be true now and on the Closing Date as if made on the Closing Date. (m) Feasibility Buyer shall have determined that its prolapsed development is ri Ramp Easement. Buyer shall be satisfied with the number of parking stalls needed in the adjacent ramp for its development. Buyer shall have a due diligence period of 180 calendar days from the Effective Date of this Agreement ("Due Diligence Period"). If any condition set forth in this Section 4 has not been satisfied or waived by Buyer on or before the expiration of the Due Diligence Period (the "Due Diligence Dectd1hic"), then Buyer may, at Buyer's option, teiaaainate this Agreement. Upon receipt of such notice [ions Buyer, Title Company shall promptly return the Earnest Money to Buyer. Upon such termination and return, neither Seller nor Buyer shall have any further rights or obligations udder this Agreement except for the covenants set forth in the last paragraph of this Section 4 regarding liens arising out of Buyer's activities on the Real Property (the "Surviving Covenant"). If Buyer has not terminated this Agreement on or before the last business day on or before the Due Diligence Deadline if the Due Diligence Deadline occurs on a non -business day, then Buyer shall be deemed to have waived the contingencies set forth herein. Notwithstanding anything to the contrary in this Agreement, in the event that this Agreement is terminated by Buyer for any reason under this Agreement other than as a remedy for a Seller default pursuant to Section 26 below, the Title Company shall not release the Earnest Money to Buyer until Buyer delivers a written request therefor. If this Agreement is so terminated, Buyer shall not allow liens to be filed against the Real Property as a result of Buyer's activities on the Real Property and, if any liens are fled, Buyer shall promptly cause them to be released. 5.) CONDITIONS TO SELLER'S OBLIGATIONS. The obligations of Seller under this Agreement are conditioned upon Buyer obtaining, at Buyer's sole cost and expense, all regulatory approvals, provided that if Buyer is satisfied, in its sole discretion, with such approvals, Seller shall not have a right to terminate this Agreement pursuant to this Section S. 6.) TITLE MATTERS. Title examination shall be conducted as follows: (a) Title Evidence. Within ten (10) business days after receipt of the Documents, the parties shall obtain the following title evidence (collectively, the "Title Evidence"): (i) Title lnsxu�ance ConinrittnentI Buyer shall order a. commitment ("Title Cou,,uitnnen") from Title Company for an ALTA Form B 2006 Owner's Policy of Title Insurance committing to insure insurable title to the Real Property its Buyer; Buyer shall request that the Title Company delete so-called "standard exceptions" related to survey matters, parties in possession, and liens for labor, ►materials and services; including affirmative insurance regarding appurtenant easements, separate meal estate tax parcel, in the amotilnt of the Purchase Price, and issued by the Title Company. The cast of the Title Commitment shall be paid by the Seller. The Title Commitment shall include complete and accurate copies of all matters described in Schedule B thereof; and (ii) Survey. Seller shall provide a current survey of the Real Property, certified to Seller, Buyer, Title Company and Buyer's lender, prepared in 'accordance with ALTA/ACSM standards and such otier requirements as requested by Buyer (tile "Survey"). Seller shall deliver a copy of the survey to Buyer, and Buyer shall have five (5) days following receipt thereof, to either approve or disapprove of the composition of the Real Property as depicted therein. If the Buyer disapproves of the survey, the parties shall confer as to reconciling the issues with the survey. The cost of the Survey shall be paid by the Seller. Buyer shall be responsible for the cost of platting the Real Property. (b) Buycr's 01'octt ions. Within fifteen (15) calendar days after receiving the last item of the Title Evidence, Buyer shall notify Seller of any objections ("Objections") to matters disclosed in the Title Evidence. Buyer shall be deemed to have automatically made Objections to any mortgage, judgment, tax lien, mechanic's lien and any other monetary lien against the Real Property (collectively "Monetary ]dens"). With respect to any update to the Title Commitment and/or the Survey, Buyer shall have ten (10) days after Buyer's receipt of the applicable updated Title Commitment and/or Survey to notify Seller of any Objections; provided that Buyer shall not have the right to object to any matters that were shown on a previous Title Commitment and/or Survey and not timely objected to by Buyer. Seller shall use reasonable efforts to correct any Objections which shall include, if applicable, payment of the Monetary Liens out of proceeds from Closing on the Closing Date if they are not satisfied prior thereto. At Closing, Buyer shall have the right to require endorsement(s) to the Title Policy. If the Objections are not cured prior to the Closing Date, Buyer will have the option to do any of the following by notice provided to Seller: (i) Terminate. Terminate this Agreement pursuant to Section 4 herein, on or before the Closing Date. Upon receipt of such notice fiom Buyer, Title Company shall promptly return the Earnest Money to Buyer. Upon such return, neither Seller nor Buyer shall have any further rights or obligations under this Agreement, except for the Surviving Covenants; or (ii) Waive. Waive the Objections and close the transaction contemplated by this Agreement as if such Objections had not been made. (c) Title Policv. If the Closing occurs, Title Company shall issue an owner's title insurance policy ("Title Policy") pursuant to the Title Commitment, or a suitable markup of the Title Commitment initiated by the Title Company undertaking to issue such a Title Policy within a reasonable time in the form required by the Title Commitment as approved by Buyer. 7.) CLOSING PROCEDURES. (a) Closing Date. The closing of the purchase and sale contemplated by this Agreement (the "Closing") shall occur within ten (10) days following Buyer's satisfaction and/or waiver of all of the conditions set forth in Section 4 (the "Closing Date"). The Closing shall take place at 10:00 a.m. local time at a location determined by both parties. Seller's Closing Documents. On the Closing Date, Seller shall execute and/or deliver to Buyer the following (collectively, the "Seller's Closing Documents"): (i) Deed. A Limited Warranty Deed (the "Deed"), in recordable form acceptable to the Buyer, conveying insurable title to the Real Property to Buyer. The deed must incorporate a covenant running with the land as required by MrNN. STAT. § 469.105; (ii) Title Policv, The Title Policy, or a suitably marked -up Title Commitment, as provided for in Section 6, herein; (iii) Seller's Afiiclavit. An Affidavit by Seller indicating that on the Closing Date there are no outstanding, unsatisfied judgments, tax liens, or bai-Acrupteies against or involving Seller or the Real Property; that there has been no skill, labor, or material furnished to the Real Property for which payment has not been made or for which mechanics' liens could be filed; and there are no other unrecorded interests in the Real Property, together with whatever standard owner's affidavit as may be required by the Title Company to issue the Title Policy; (iv) hIRPTA Affidavit. A nonforeign affidavit, properly executed and in recordable form, containing such information as is required by IRC Section 1445(b)(2) and its regulations; (v) Original Doeunlents. Seller shall deliver to Buyer all original Documents (or suitable copies thereof) that may be necessary for Buyer to develop and operate the Real Property. Where necessary to comply with statutory record retention requirements, Seller may retain originals of records and provide copies to Buyer; and (vi) Parking Raman Easement and Op- ratIn, A ment_. A Parking Ramp Easement and Operating Agreement substantially in the formas set forth on Exhibit A attached hereto; (vii) Repurchase Agrecinont. A repurchase agreement substantially in the form as set forth on Exhibit B; and (viii) Other Documents. All other documents reasonably determined by Buyer or the Title Company to be necessary to transfer the Real Property to Buyer. (b) Buyer's Closing Documents. On the Closing Date, Buyer will execute and/or deliver to Seller the following (collectively, "Buyer's Closing Documents"): (i) Purchase Price. The balance of the Purchase Price to be paid as required by Section 2; (ii) 'arkiit 1 Ranip Easement and Operating Agreement. A Parking Ramp Easement and Operating Agreement substantially in the form as set forth on Exhibit A attached hereto; (iii) Repurchase. Agreement. A repurchase agreement substantially in the form as set forth on Exhibit B; and (iv) Title Documents. Such affidavits of Buyer or other documents as may be reasonably required by the Title Company in order to record Seller's Closing Documents and issue the Title Policy. 8.) PRORATIONS. Seller and Buyer shall make the following prorations and allocations at the Closing: (a) Title :Insurance andClosh g l ee. Seller shall pay the cost of the Commitment and Buyer shall pay the premium for the Title Policy and any endorsements obtained. Seller and Buyer will each pay one-half of any reasonable and customary closing fee or charge imposed by the Title Company or its designated closing agent. (b) Deed Tax. Seller shall pay all state deed tax due on the Deed to be delivered by Seller under this Agreement. (c) Real Estate Taxes and Special Assessments. Seller shall pay or cause to be paid all general real estate taxes, if any, payable for the Real Property in the years prior to the year in which the Closing occurs, and any deferred or Green Acres real estate taxes. Seller and Buyer shall prorate the general real estate taxes, if any, payable for the Real Property in the year of closing as of the Closing Date based upon the calendar year. Seller shall pay, on or before the Closing Date, all special assessments levied, "pending," deferred or constituting a lien against the Real Property as of the Closing Date, including, without limitation, all installments of special assessments, including interest, payable in the year of Closing. Nothing in this subparagraph shall be deemed a waiver of the City's ability to lawfully impose future special assessments on the Real Property as well as any assessments that may be agreed to by Buyer as part of the development of the Real Property. (d)ceordhiosts. Seller will pay the cost of recording all documents necessary to place record title in Seller in the condition warranted by Seller in this Agreement. Buyer will pay the cost of recording all other documents. (e) Attorneys'„ Fees. Seller and Buyer shall each pay its own attorneys' fees in connection with the preparation and negotiation of this Agreement and the Closing, except that a party defaulting under this Agreement or any of its respective Closing Documents shall pay the reasonable attorneys' fees and court costs incurred by the nondefaulting party to enforce its rights regarding such default. (f) Event of Repurchase. In the event that Seller elects to exercise its right to repurchase the Real Property as allowed under the Repurchase Agreement, all prorations and closing costs shall be allocated in accordance with the provisions of this Section 8. This provision shall survive the Closing and the delivery of the deed. 9.) OEERATION PRIOR 1 {) CLOSING. During the period from the Effective Date through the Closing Date (the "Executory Period"), Seller shall not execute any contracts, easements, leases, or other agreements or allow any new encumbrances to exist regarding the Real Property, nor perform any act that would impair or encumber the title to the Real Property or affect the condition of the Real Property. 10.) 1�EPRESENTA'IJONS AND WARRANTIES BY SELLER. Seller represents and warrants to Buyer as follows, which representations and warranties shall be true and correct as of the Closing: (a) Or anizatiolty Author ty. Seller has the requisite power and authority to execute and perform this Agreement and any Seller's Closing Documents to be signed by it; such documents have been (or will be prior to Closing) duly authorized by all necessary action on the part of Seller and at the Closing shall have been duly executed and delivered; such execution, delivery, and performance by Seller of such documents does not conflict with or result in a violation of any judgment, order, or decree of any court or arbiter to which Seller is a party, or any agreement by which Seller is bound; and such documents are and shall be valid and binding obligations of Seller, enforceable in accordance with their terms. 7 0) (b) Title to Real 1'ro1 ems. Seller owns marketable and insurable fee simple title to the Real Property free and clear of all encumbrances, except those encumbrances listed in the Title Commitment. (c) Mechanic's Liens. All labor and materials which have been provided to the Real Property have been fully paid for or will be fully paid for, prior to the Closing Date. (d) Utilities. Gas, sanitary, data and voice communication, and storm sewer and water lines are available in the right of way adjacent to the Real Property. Seller has received no notice of actual or threatened reduction or curtailment of any utility service now supplied to the Real Property. (e) Righs of Others to Purchase Real. Propgft. Seller has not entered into any other contracts, agreements or understandings, whether oral or written, for the sale of all or any portion of the Real Property, and there are no existing rights of first refusal or options to purchase all or any portion of the Real Property, or any other rights of others that might prevent the consummation of this Agreement._ (f) CoIIIV;liatice witlx Laws. The Real Property and the current use thereof fully complies with all existing local, state, and federal regulations concerning the maintenance and operation of the Real Property, including zoning, building, health and safety, fire safety, and environmental codes and laws and such use is a legal conforming use. No notice of violations of the same have been received. To the best of Seller's knowledge, no other permits or licenses are required in order to use the Real Property as intended by Buyer, other than those required by the City acting in its legislative capacity. (g) Litigation and Other Matters. Seller has received no notice, and has no knowledge of any pending or threatened notice, of a violation of any statutes, ordinances, regulations, judicial decrees, or orders, or the pendency or threat of any lawsuits, administrative or arbitration hearings, governmental investigations, proceedings, applications, petitioners, or other matters affecting the Real Property or the use thereof. (h) Condemnation. Seller has not received any notice of any pending condemnation, eminent domain or other similar action, suit or proceeding that would affect the Real Property. To the best of Seller's knowledge, after due inquiry, there are no such proceedings pending or threatened against the Real Property and there are no applications, ordinances, petitions, resolutions, or other matters pending before any governmental agency in regard to access routes, curb cuts, median strips, or other contemplated actions of public agencies that might tend to diminish or curtail the full flow of traffic proximate to the Real Property and access thereto. Seller has not received a notice of any pending or threatened condemnation, eminent domain or other similar action, suit or proceeding that would affect the Real Property. (i) Storage Tanks. There are no above -ground or underground tanks that are located in or about the Real Property. All tanks that have been removed have been removed and closed in compliance with all federal, state and local laws. 0) Wells and Septic. Seller knows of no wells on the Real Property. At the time of Closing, Seller will deliver any required well certificate pursuant to applicable laws. There is no "individual sewage treatment system" within the meaning of Minn. Stat. Section 115.55 on or serving the Real Property. Sewage generated at the Real Property goes to a facility permitted by the Minnesota Pollution Control Agency. (k) Assessments. Seller has not received any notice of any actual or proposed special assessments or reassessments of the Real Property. (1) Hazardous Substances. To the best of Seller's knowledge, there are no Hazardous Substances stored, deposited or located within the property or under the surface of the property. For purposes of this warranty and representation, the term "Hazardous Substances" means asbestos and asbestos -containing materials, polychlorinated biphenyls, nuclear fuel or materials, chemical waste, radioactive materials, explosives, known carcinogens, petroleum products, or other dangerous, toxic, or hazardous pollutant, contaminant, chemical, material or substance defined as hazardous or as a pollutant or contaminant in, or the release or disposal of which is regulated by, any Environmental Laws. For purposes of this Agreement, the term "Environmental Laws" shall mean the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("C RCLA"), 42 U.S.C. §§ 9601-9657, as amended, and any other federal, state and local laws, rules and regulations dealing with Hazardous Substances, the environment or public health. (m) FIRPTA. Seller is not a "foreign person," "foreign partnership," "foreign trust" or "foreign estate," as those terms are defined in Section 1445 of the Internal Revenue Code. (n) AirRort Zoniag Ordinance. For the purposes of satisfying any applicable requirements of Minn. Stat. § 360.065, a copy of any airport zoning regulations affecting the Real Property can be reviewed or obtained at the Office of the Dakota County Recorder. Except for the warranties, covenants and representations explicitly set forth in this Agreement, Seller and Buyer agree that Buyer will accept possession of the Real Property in its AS -IS condition, WITH ALL FAULTS, and the sale of the Real Property to Buyer shall be without any other representation, covenant or warranty of any kind, express or implied, and Buyer, for Buyer, Buyer's agents, attorneys, representatives, heirs and assigns does hereby disclaim and renounce any other representation or warranty. Seller will indemnify Buyer and its successors and assigns against, and will hold Buyer and its successors and assigns harmless from, any expenses or damages, including reasonable attorneys' fees that Buyer incurs because of the breach of any of the above representations and warranties, whether such breach is discovered before or after Closing, for one (1) year after the Closing Date. Notwithstanding anything to the contrary contained in the foregoing, Buyer's recovery shall be limited to the amount of available insurance proceeds and nothing herein shall be deemed a waiver of Seller's statutory tort limits under Minn. Stat. Chapter 466. 11-) RE REST,N'I` I TIONS,_'1NARRAN`I'II S AND INDEMNITY BY BUYEIR. Buyer represents and warrants to Seller that Buyer has the power and authority to execute this Agreement and any Buyer's Closing Documents signed by it; that all such documents have been authorized by all necessary action on the part of Buyer and at the Closing shall have been duly executed and delivered; that the execution, delivery, and performance by Buyer of such documents does not conflict with or violate any judgment, order or decree of any court or arbiter or any agreement by which Buyer is bound; and that all such documents are valid and binding obligations of Buyer and are enforceable in accordance with their terms. Buyer will indemnify Seller and its successors and assigns against, and will hold Seller and its successors and assigns harmless from, any expenses or damages, including reasonable attorneys' fees that Seller incurs because of the breach of any of the above representations and warranties, whether such breach is discovered before or after Closing, for one (1) year after the Closing Date. 12.) :SANITARY AREA CHARGE CREDITS. Seller shall provide Buyer with up to thirty- seven (37) sanitary area charge credits ("SAC Credits") totaling One Hundred Twenty Eight Thousand Twelve and 60/100 Dollars ($128,012.60). The SAC Credits shall be provided to Buyer upon the issuance of a building permit for improvements in the restaurant space on the Real Property and this obligation shall survive the closing. 13.) CONDEMNATION. If, prior to the Closing Date, any governmental entity commences any eminent domain proceedings ("Proceedings") against all or any part of the Real Property, Seller shall give notice to Buyer of such fact, and, at Buyer's option (to be exercised by notice to Seller within thirty (30) days after Seller's notice), this Agreement shall terminate, in which event Title Company shall promptly return the Earnest Money to Buyer. Upon such termination and return, neither Seller nor Buyer shall have any further rights or obligations under this Agreement, except for the Surviving Covenant. If Buyer does not give such notice, then there shall be no reduction in the Purchase Price, provided, however, that Seller shall assign to Buyer at the Closing Date all of Seller's right, title, and interest in and to any award made or to be made in the Proceedings. Prior to the Closing Date, Seller shall not designate counsel, appear in, or otherwise act with respect to the Proceedings without Buyer's prior written consent. 14.) ASSIGNMENT. Buyer reserves the right to assign all or part of its interest in and to this Agreement to an affiliate of Buyer. 15.) SURVIVAL. All of the covenants, representations and warranties made in this Agreement which either by their terms expressly survive Closing, or are contained in any schedule, exhibit, certificate, or document delivered at Closing, will survive and be enforceable after the Closing. 16.) NOTICES. Any notice required or permitted to be given under any provision of this Agreement shall be in writing and shall be deemed to have been given in accordance with this Agreement, if it is mailed, by United States certified mail, return receipt requested, postage 10 prepaid; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to Seller: Eagan Economic Development Authority 3830 Pilot Knob Road Eagan, Minnesota 55122 with a copy to: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, Minnesota 55124 Attn: Robert B. Bauer If to Buyer: Commercial Investment Properties, Co. Attn: Mark Jepson/Charlie Sullivan 1065 North 115"' Street, Suite 200 Omaha, NE 68154 Notice shall be effective, and the time for response to any notice by the other party shall commence to run, one (1) business day after any such mailing or deposit. Either Seller or Buyer may change its address for the service of notice by giving notice of such change to the other party, in any manner above specified, ten (10) days prior to the effective date of such change. Notwithstanding the foregoing, any party may give any other party written notice hereunder by any means other than by United States registered or certified mail or overnight courier, which is reasonably calculated to reach the other party, including but not limited to hand delivery, email transmission or facsimile transmission, provided that any such notice shall be deemed to have been given and shall be effective only when actually received by the addressee, proof of which shall be furnished by the party sending such notice 17.) CAPTIONS;,EX111BITS. The section and paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement, and are not to be considered in interpreting this Agreement. All schedules, exhibits, addenda or attachments referred to herein are hereby incorporated in and constitute a part of this Agreement. 18.) 1:?N71R1� AGREEMENT, MODIFICATION. This written Agreement constitutes the complete agreement between Seller and Buyer and supersedes any prior oral or written agreements between them regarding the Real Property. There are no oral agreements that change this Agreement, and no amendment of any of its terms will be effective unless in writing and executed by both Seller and Buyer. 19.) BINDING EFFECT. This Agreement binds and benefits Seller and Buyer and their respective successors and assigns. 20.) CONTROLLING LAW. This Agreement has been made under, and will be interpreted and controlled by, the laws of the State of Minnesota. 11 21.) WAIVER. No waiver of the provisions of this Agreement shall be effective unless in writing, executed by the party to be charged with such waiver. No waiver shall be deemed a continuing waiver or waiver in respect of any subsequent breach or default, either of similar or different nature, unless expressly stated in writing. 22.) COUNTERPARTS. This Agreement may be executed in any number of counterparts and each such counterpart shall be deemed to be an original instrument, but all such counterparts together shall constitute but one Agreement. 23.) -'ACSIMILE _SIUNATURES. This Agreement may be executed with signatures transmitted by facsimile or email and shall constitute a binding agreement with such signatures. Nonetheless, any party providing facsimile or emailed signatures shall provide the other party with the original signatures within five (5) business days after providing the facsimile signature page(s). 24.) SEVERABILITY. If any provision of this Agreement is invalid or unenforceable, such provision shall be deemed to be modified to be within the limits of enforceability or validity, if feasible; however, if the offending provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable. 25.) LIMITATION OF LIABILITY. Upon Closing, Buyer shall neither assume nor undertake to pay, satisfy or discharge any liabilities, obligations or commitments of any Seller other than those specifically agreed to between the parties and set forth in this Agreement. 26.) REMEDIES. Time is of the essence of this Agreement. If Seller fails to perform any of its obligations under this Agreement, Buyer may (i) terminate this Agreement and obtain a full refund of all the Deposits; and/or (ii) seek and recover from Seller specific performance of this Agreement. If any actions is brought to specifically enforce this Agreement, Seller shall waive the defense that there is an adequate remedy at law. If Buyer defaults in performance of its obligations under this Agreement, Seller shall have the right to terminate this Agreement in the manner provided by Minn. Stat, Sec. 559.21 and to obtain the Earnest Money (to the extent paid by Buyer) as liquidated damages. Such termination of this Agreement and receipt of the Deposits will be the only remedies available to Seller for such default by Buyer, and Buyer will not be liable for damages or specific performance. 27.) REAL ESTATE BROKERS. Seller represents to Buyer that it has entered into a Preliminary Development Agreement with Pratt Development, Inc. ("Seller's Broker") in connection with the transactions contemplated by this Agreement. All brokers' fees, finder's fees, commissions or other similar fees to be paid to Seller's broker, Buyer's broker and/or any employees or agents thereof in connection with the transactions contemplated by this Agreement shall be paid by Seller at Closing from Seller's proceeds therefrom. The provisions of this Section 27 shall survive the Closing. 281 LIFE KIND EXC MANGE. In the event Buyer desires to exchange their interest to acquire the Property in a like -kind exchange under Internal Revenue Code Section 1031, Seller agrees to cooperate with Buyer to facilitate a like -kind exchange provided: (1) any costs and expenses (including costs associated with the designation of any escrow agent or intermediary) occasioned 12 4� thereby are borne by Buyer; (2) cooperation by the Seller will not delay the closing of the transaction between Seller and Buyer contemplated in the Purchase Agreement; (3) the Buyer agrees to defend, indemnify and hold harmless the Seller for any claims arising out of said like - kind exchange and Seller shall not be required to hold title (as a conduit or otherwise); and (4) Buyer shall provide Seller with copies of all exchange documents that require Seller's signature at least three (3) days in advance of closing for Seller's review and comment. Seller and Buyer have executed this Agreement as of the date set forth above. BUYER: Commercial Investment Properties, Co., a Nebraska corporation By; Its: SELLER: Eagan Economic Development Authority, u public body corporate and politic and a political subdivision of the State of Minnesota By: Mike Maguire Its: President By: David M. Osberg Its: Executive Director 13 EXHIBIT "A" PARKING RAMP EASEMENT AND OPERATING AGREEMENT THIS PARKING RAMP EASEMENT AND OPERATING AGREEMENT (the "Agreement"), is made this _ day of , 2017 by the Eagan Economic Development Authority, a public body corporate and politic and a political subdivision of the State of Minnesota (the "EDA") and Commercial Investment Properties, Co., a Nebraska corporation, and its assigns (the "Developer"). RECITALS WHEREAS, EDA has completed the construction of the Ramp (as hereinafter defined) and is the owner of the Ramp Parcel (hereinafter defined); WHEREAS, of even date herewith Developer has acquired from EDA the Apartment/Restaurant Parcel (hereinafter defined); WHEREAS, Developer has agreed to make a financial contribution to EDA for the construction on the Ramp Parcel (hereinafter defined) of a two (2) level parking ramp (together with all on and off-site pedestrian and vehicular entry and access ways thereto, the "Ramp") containing at least 1,400 stalls; WHEREAS, Developer has obtained all City of Eagan, Minnesota (the "City") approvals for development of an apartment and restaurant (the "Apartment/Restaurant Development"); WHEREAS, (i) the "Apartment/Restaurant Parcel" means that certain real property located. in Dakota County, Minnesota which is legally described on Exhibit A attached hereto and incorporated herein; (ii) the "Ramp Parcel" means that certain real property located in Dakota County, Minnesota which is legally described on Exhibit B attached hereto and incorporated herein; and (iii) "Developer" means Developer as identified above and any subsequent owner of fee simple title to the Apartment/Restaurant Parcel, WHEREAS, EDA desires to establish and impose on the Ramp Parcel, for the use and benefit of Developer and the Apartment/Restaurant Parcel, the hereinafter specified easements, covenants, and agreements; and WHEREAS, the establishment and imposition on the Ramp Parcel of such easements, covenants and agreements was a material inducement and consideration for Developer's acquisition of the Apartment/Restaurant Parcel from EDA and is a material inducement and consideration for Developer's development of the Apartment/Restaurant Development on the Apartment/Restaurant Parcel; WHEREAS, EDA entered into a Parking Ramp Easement and Operating Agreement dated April 2, 2013 (the "Paragon Agreement") with Paragon Outlets Eagan, LLC ("Paragon" pursuant to which Paragon has a non-exclusive easement for 1,114 parking stalls (the "Paragon Stalls") to the benefit of the parcel on which Paragon has constructed a Shopping Center ("Shopping Center"); WHEREAS, EDA entered into a Parking Ramp Easement and Operating Agreement dated October 31, 2016 (the "Onion City Agreement") with Onion City Lodging LLC ("Onion City") pursuant to which Onion City has a non-exclusive easement for 129 parking stalls (the "Hotel Stalls") to the benefit of the parcel on which Onion City will be constructing a hotel ("Hotel"). NOW THEREFORE, EDA hereby declares that this Agreement and the easements, covenants and agreements set forth herein shall constitute covenants running with the Ramp Parcel for the benefit of and appurtenant to the Apartment/Restaurant Parcel, and that the Ramp Parcel is held and shall be held, owned, used, occupied, leased, mortgaged, improved and conveyed subject to this Agreement and the easements, covenants, and conditions set forth herein. All of the easements, covenants and agreements shall run with the Ramp Parcel and shall be binding upon all persons owning or acquiring any right, title or interest therein, and their heirs, personal representatives, successors and assigns and shall inure to the benefit of all persons owning or acquiring any right, title or interest therein, and their heirs, personal representatives, successors and assigns. ARTICLE 1 EASEMENTS 1.1 Parking Easement. EDA hereby grants and conveys to Developer, for the benefit of and appurtenant to the Apartment/Restaurant Parcel, a nonexclusive, permanent and perpetual easement upon and across no fewer than 75 parking stalls (the "Developer Funded Parldng Stalls") within reasonable proximity to the Apartment/Restaurant Development, within the Ramp for the purpose of vehicular parking by Developer and the occupants, employees, contractors, customers, visitors and invitees of the Apartment/Restaurant Development (the "Parking Easement"). EDA agrees that except as provided in this Agreement with respect to temporary closures, in no event shall there ever be fewer than 1,400 parking stalls in the Ramp. 1.2 Access Easement. EDA hereby grants and conveys to Developer, for the benefit of and appurtenant to the Apartment/Restaurant Parcel, a nonexclusive, permanent easement for vehicular and pedestrian ingress and egress over, upon and across the entry ways, drive aisles, walkways, stairwells and vertical and other pedestrian transportation devices and ways within or serving the Ramp (the "Access Easement"; the Access Easement and the Parking Easement are collectively referred to herein as the "Easements"). 1.3 Impairment Prohibited. EDA shall not install or permit to remain any structure, obstruction, fence, planting or other material that may damage or interfere with the intended purposes of the Easements, except for temporary obstructions required for the safe performance of repairs and maintenance of the Ramp. 2 1.4 Payment Prohibited. In no event shall EDA require payment or assess any type of charge or fee for parking in the Ramp, provided that EDA may require financial contribution toward the construction and/or maintenance of the Ramp from developers or owners of other of the parcels adjacent to the Ramp. ARTICLE 2 PARKING RAMP OPERATION, USE AND MAINTENANCE 2.1 Ramp Operation. EDA shall manage the operation of the Ramp in first-class manner and at least to the standard of management of other parking ramps serving first class regional retail shopping centers in the Minneapolis/St. Paul market. FDA's management services shall include, but not be limited to, (i) providing utilities, employing, supervising and overseeing personnel for, or contracting for the operation, maintenance and repair of the Ramp, (ii) providing or obtaining security, janitorial and other services for the Ramp, (iii) obtaining equipment, material and supplies for the Ramp, and (iv) ensuring clear and efficient traffic and access to, from and within the Ramp. EDA shall keep the Ramp open for parking and access purposes seven (7) days per week twenty-four (24) hours per day (and shall remain open at all times to the extent required to provide for pedestrian access to vehicles and pedestrian and vehicular egress from the Ramp), except for such temporary closures as are permitted under any other provision of this Agreement. The parties will agree on a reasonable system for identifying vehicles parked by hotel guests, staff and other hotel related parties. 2.2 Repairs and Maintenance. As part of its management of the Ramp, EDA shall, at its sole cost and expense but subject to reimbursement by Developer to the extent provided for in Section 2.5, maintain and repair the Ramp to keep it at least in a first class and safe condition and compliant with all laws, ordinances, statutes, codes rules and regulations ("Laws"). In furtherance and not in limitation of the foregoing, -EDA shall: (a) keep the Ramp clean, sightly and free fi-om litter, glass, refuse, filth, excessive dust, debris and graffiti; (b) inspect, clean, repair and maintain all lighting fixtures and relarnp and reballast the same as needed to maintain illumination of the Ramp and surrounding areas to at least the standards of first-class municipal parking garages and the vehicle and pedestrian safety of the Apartment/Restaurant Development's occupants, employees, contractors, customers, visitors and invitees; (c) inspect, test, clean, repair and maintain all mechanical, electrical and life safety equipment and systems, including without limitation elevators and other pedestrian transportation equipment and sprinkler, smoke and fire control systems; (d) promptly remove ice and snow from the Ramp and salt and sand the Ramp as needed to keep the Ramp reasonably free from ice and snow and to enable use of the Ramp at all times required hereunder; (e) replace expansion joint system elements as needed; (f) perform general structural maintenance as needed; (g) repaint and/or recoat all painted and coated surfaces with materials of quality at least as high as those utilized in the initial construction of the Ramp; (h) clean, repaint, repair and replace all directional and other signage within or about the Ramp or located elsewhere on the EDA Property providing direction to the Ramp; (i) remove and repair any damaged building materials, including spalling and cracked concrete and corroding metal; and (j) provide operational security cameras that record activity in the Ramp, which recordings shall be kept and made available in accordance with the Data Practices Act and provide security patrols at reasonable intervals. 2.3 Temporary Closure. If any portion of the Ramp requires closure to accommodate repair or maintenance, such closure shall be of minimal duration and extent and shall be scheduled so as to cause the least practicable disruption to the operation of the Ramp and the Easements. Not in any instance, except in the case of an emergency, shall a temporary closure occur which would not allow Apartment/Restaurant Development's occupants, employees, contractors, customers, visitors and invitees access to the Apartment/Restaurant Development. Except in the case of emergency involving risk of personal injury or death or damage to property, EDA shall provide at least five (5) business days' notice of such closure to Developer, and shall to the extent practicable incorporate into the closure schedule or work scope such reasonable mitigation measures as may be recommended by Developer. In the case of an emergency closure, EDA shall provide notice thereof to Developer as soon as reasonably practicable. If any such closure would have the effect of reducing the number of Developer Funded Parking Stalls from that required under Section 1.1 hereof, EDA shall provide temporary parking, at FDA's sole cost, in substitution thereof, reasonably proximate to the Apartment/Restaurant Development. A "Temporary Closure" shall be an event that causes a portion of the Ramp to close for a period of at least five (5) days. 2.4 Alterations. Except as provided in Article 3 hereof with respect to an Expansion, EDA shall not alter the design or appearance of the Ramp by utilization of finishes or materials of manifestly lower quality than those utilized in the initial construction or in such manner as would impair efficient traffic flow therein or close, remove or take out of service any of the entrances to or exits from the Ramp. 2.5 Cost Reimbursement. Beginning when the Apartment/Restaurant Development receives final certificates of occupancy (the "Opening Date") Developer shall pay to EDA, Developer's Share (hereinafter defined) of Approved Operating Costs (hereinafter defined) pursuant to the following provisions: (a) Promptly following the end of each calendar year but not later than March 30 of the following year, EDA shall submit to Developer a statement of Developer's Share of Approved Operating Costs (hereinafter defined). Within thirty (30) days following EDA's submission of the statement to Developer, Developer shall pay Developer's Share of Approved Operating Costs (hereinafter defined) to EDA. In the event of a partial calendar year after the Opening Date, Developer's obligations shall be prorated based on the ratio M of the total number of days after the Opening Date in such calendar year to thirty hundred sixty-five (365). (b) "Developer's Share" means a fraction, the numerator of which is the number of Developer Funded Parking Stalls and denominator of which is the total number of parking stalls within the Ramp. "Operating Costs" means the reasonable out of pocket costs, including reasonable City staff time at standard rates if City employees provide the services, incurred by EDA in connection with the management, operation, maintenance and repair of the Ramp (and including the reasonable cost of insurance premiums for insurance maintained by EDA solely on the Ramp), calculated in accordance with generally accepted accounting principles. Any management fee included in Operating Costs will not exceed commercially reasonable market rate fees. In no event shall Operating Costs include costs (i) resulting from defects in the design or construction of the Ramp or the Expansion, (ii) covered by or required to be covered by insurance hereunder, (iii) resulting from the negligence or willful misconduct of EDA or the City, its employees or contractors, or (iv) that would be treated as capital expenditures under generally accepted accounting principles. "Approved Operating Costs" means (i) those Operating Costs contained in a budget for each calendar year prepared by EDA and submitted to Developer not later than sixty days prior to the end of the prior calendar year that are approved by Developer in writing, which approval shall not be unreasonably withheld or delayed, and (ii) the Major Repair Reserve. "Major Repair Reserve" means a reserve for major repairs to the Ramp, including structural repairs, necessary to prolong the useful life of the Ramp, such Major Repair Reserve to be funded in annual installments by Developer not later than on each anniversary of the date the Ramp is fully opened to the public commencing with the first such anniversary in the amounts shown on Exhibit C attached hereto and made a part hereof In the event of a partial year between the Opening Date and the anniversary of the date the Ramp opened, Developer's obligations for contributions to the Major Repair Reserve shall be prorated based on the ratio of the number of days from the Opening Date to such anniversary date to three hundred sixty (365). Notwithstanding that Exhibit C shows payments only through year 50, Developer's obligation commences in the first year anniversary after the certificates of occupancy are issued for the Apartment/Restaurant, as aforesaid, and will continue, escalating at an inflation factor of 2.0 percent per annum, in perpetuity so long as this Agreement is in force and effect. (c) Developer or its firm of independent certified accountants shall have the right fxom time to time but not more frequently than annually to audit the books and records of the EDA relating to the operation and management of the Ramp, If any such audit establishes that EDA has misstated Developer's Share of Operating Costs for any calendar year, a reconciling payment shall promptly be made by EDA to Developer or by Developer to EDA, as applicable. The cost of any such audit shall be borne by Developer unless the audit establishes an overstatement of Developer's Share of Operating Costs by more than five (5) percent, in which event EDA shall reimburse Developer the reasonable cost of the audit, which reimbursement shall not constitute an Operating Cost. (d) If in any calendar year EDA incurs an Operating Cost that is not an Approved Operating Cost or exceeds the applicable Approved Operating Cost, and the parties dispute whether Developer should properly bear any portion of such Operating Cost 5 notwithstanding that it is not an Approved Operating Cost or exceeds an Approved Operating Cost, Developer shall pay Developer's Share of the Approved Operating Cost pursuant to the provisions hereof and any undisputed portion of an Operating Cost that is not an Approved Operating Cost, and the parties shall submit any disputed Operating Cost to the dispute resolution procedure pursuant to Article 7. 2.6 EDA Lien for Non -Pa, in , If Developer shall default in the full, faithfiil and punctual performance of its obligation to pay Developer's Share of Operating Costs or any installment of the Major Repair Reserve in accordance with and subject to the provisions of Section 2.5 hereof, and such default continues for thirty (30) days after notice from EDA thereof, EDA, in addition to all other remedies it may have at law or in equity, shall have the right and benefit of a lien attached to the Apartment/Restaurant Parcel to take effect upon recordation of a proper claim of lien among the land records of Dakota County, Minnesota. 2.7 Parking Ramp Usage. EDA agrees and covenants that the parking structure shall remain open and useable by Developer twenty-four (24) hours each day, and continuously for three hundred sixty -rive (365) days each year; EDA further agrees and covenants that said parking structure shall be fi111y useable for a period of not less than fifty (50) years from the date of this Agreement. Developer acknowledges that Paragon has a non-exclusive easement to use 1,114 parking stalls and Onion City has a non-exclusive casement to use 129 parking stalls within the ramp that currently contains approximately 1,530 stalls. If it is discovered that the occupants and invitees of the Shopping Center and Hotel consistently and routinely utilize parking stalls within the ramp in excess of their allotted stalls to the detriment of the Apartment/Restaurant Parcel, Developer and EDA shall meet and confer and propose reasonable mitigation measures, including dispute resolution procedure pursuant to Article 7, and work with the Shopping Center and Hotel to cause its occupants and invitees to use only their number of stalls allowed. Without limiting in any manner Developer's rights with respect to the Parking Easement, if to the material detriment of other dedicated users of parking stalls within the Ramp, the occupants and invitees of the Apartment/Restaurant Development consistently and routinely utilize parking stalls within the Ramp in excess of the Developer Funded Parking Stalls, Developer shall meet and confer with EDA and propose reasonable mitigation measures, including the dispute resolution procedure pursuant to Article 7, 2.8 Dedication of Stalls Prohibited. EDA shall not grant rights to other persons or entities the exclusive use of dedicated parking stalls within the Ramp or otherwise that would exclude Developer and the occupants and invitees of the Apartment/Restaurant Parcel from the use of any parking stalls within the Ramp. Developer should not be permitted to designate any exclusive parking stalls. Developer may not permanently designate any exclusive parking stalls, however, Developer may occasionally temporarily restrict access to no more than seventy five (75) parking stalls in the Ramp for exclusive use of valet parking by the Restaurant. 2.9 Modification or Termination of Parking Easement. Developer's intended use for the parking easement within the Ramp is to provide additional parking for the restaurant that is developed on the Apartment/Restaurant Parcel. If, after exhausting all commercially reasonable efforts the Developer has demonstrated to the EDA that the market and financial feasibility of a 6 restaurant is no longer feasible for the Apartment/Restaurant Parcel, the Developer may petition the City of Eagan for an alternate use of the Apartment/Restaurant Parcel. In the event the City of Eagan approves an alternate use that no longer requires additional parking within the Ramp, this Agreement may be amended to modify or terminate the number of parking stall easements granted unto the Developer. In the event of change of use, the number of stalls shall be no less than what is required under the Eagan City Code. ARTICLE 3 EXPANSION OF THE RAMP 3.1 Approval of Plans. Any and all construction of the Ramp in connection with an Expansion (hereinafter defined), and any other improvements or modifications to all or any part of the Ramp, shall be made in accordance with plans and specifications and a schedule approved by EDA and Developer in writing, which approval shall not be unreasonably withheld. Developer's approval of the plans and specifications for the Expansion shall be deemed to have been granted if the design of the Expansion utilizes the same or substantially similar materials and finishes as those utilized in the initial construction of the Ramp, will not impede efficient traffic flow within the Ramp or close, remove or take out of service any of the entrances to or exits from the Ramp. The Developer shall have fifteen (15) business days after receipt of the completed plans and specifications and schedule to make any comments to the EDA. If no comments are received, Developer shall be deemed to have waived any objections to the design and construction schedule for the expansion of the Ramp. If any objections are received, the EDA shall attempt to incorporate any comments made by the Developer to the plans and specifications and the schedule. Notwithstanding the foregoing, if the EDA determines, in the FDA's reasonable discretion, that the contract for the expansion of the ramp must be awarded to avoid delay, then the EDA may, in its sole discretion, award the contract and the Parties shall participate in the dispute resolution procedure provided in Article 7. 3.2 Storage and Staging. No portion of the Ramp may be used for storage or staging of equipment or materials except for reasonable quantities of equipment used for the maintenance of the Ramp, including snow removal. 3.3 Interference, Construction Practices. All construction of the Expansion shall be performed in accordance with best safety practices and conducted in such a manner as to minimize interference with the operation of the Ramp. EDA shall cause its contractor to physically separate the work site from the Ramp by temporary fencing or temporary construction walls with secured access, limited to construction personnel and other authorized persons, and that adequate provision for dust and debris mitigation shall be put into place to ensure that all portions of the Ramp outside of the work site are kept clean and free of excessive dust and debris. If any portion of the Ramp requires closure to accommodate such construction, such closure shall be of minimal duration and phased so as to cause the least practicable disruption to the operation of the Ramp. If any such closure would have the effect of reducing the number of Developer Funded Parking Stalls from that required under Section 1.1 hereof, EDA shall provide temporary parking in substitution thereof, reasonably proximate to the Apartment/Restaurant Development. ARTICLE 4 INSURANCE 7 4.1 Insurance Required During Construction. EDA shall procure and maintain, at all times during the term of this Agreement and during the process of any construction or improvement of the Ramp or the Expansion until completion of construction and opening of the Ramp or Expansion for parking and access purposes, insurance against loss or damage to the Ramp under a policy or policies covering such risks as are ordinarily insured against for similar structures, including: (a) Builder's risk insurance, written on the `Builder's Risk -Completed Value Basis" with loss proceeds paid to the EDA in an amount equal to 100 percent of the insurable value of the Ramp during the process of construction exclusive of footings, foundations, and underground items; (b) Commercial general liability insurance with limits against bodily injury and property damage of not less than $500,000 per person for bodily injury and property damage and $1,500,000 for bodily injury and property damage for each occurrence and including premises -operations and products -completed operations coverage and contractual liability; and (c) Workers' compensation insurance, with statutory coverage. EDA shall cause its contractors constructing or improving the Ramp or the Expansion to maintain insurance including coverages and limits of at least the greater of (i) the foregoing minimums, or (ii) industry standards. 4.2 Insurance Required After Construction. Upon completion of construction of the Ramp for parking and access purposes, EDA shall insure the Ramp in the manner and in the amounts usual and customary for facilities of the same general nature, including: (a) Insurance against loss or damage under a policy or policies providing so called all risk insurance covering such risks as are ordinarily insured against by similar businesses on a 100% replacement cost basis, but in no event less than an amount equal to the insurable value of the Ramp; and (b) Commercial general liability insurance with limits against bodily injury and property damage of not less than $500,000 per person for bodily injury and property damage and $1,500,000 for bodily injury and property damage for each occurrence and including premises -operations and products -completed operations coverage and contractual liability. 4.3 General Re uirements. EDA shall provide Developer with certificates of insurance evidencing the foregoing insurance. All policies required to be maintained by EDA shall be primary and non-contributory with any similar policies maintained by Developer. All policies except Workers Compensation shall name Developer as additional insured thereunder as applicable, and contain deductibles not in excess of industry standards. EDA shall cause the insurance to be required to be maintained pursuant to Sections 4.1 and 4.2 to be increased upon any increase to the statutory tort limits applicable to EDA by the amount of the increase. Such increased limits may be provided by an Umbrella or Excess Liability policy so long as such policy follows the form of the underlying General Liability policy, 4.4 Bonds, EDA shall cause the general contractor performing the initial constriction of the Ramp and any expansion and other alteration of the Ramp to obtain for the benefit of EDA payment and performance bonds covering the entire work from sureties meeting the credit and licensing standards generally required by municipalities in the Minneapolis/St. Paul region for work of similar scope and magnitude, 4,5 Restoration Following Casualty. EDA shall as promptly as practicable following damage to or destruction of the Ramp by casualty or other cause, cause such damage or destruction to be repaired or restored to a like -new condition substantially the same as originally built in accordance with the standards contained in Article 2 hereof and to the full extent required for Developer and the occupants and invitees of the Apartment/Restaurant Parcel to continue to receive the entire benefit of the Easements. EDA acknowledges the critical function of the Ramp to provide parking for the Apartment/Restaurant Parcel and accordingly agrees to work with Developer in identifying reasonable substitute temporary parking facilities for EDA to procure for Developer if a casualty or other event adversely affects the availability of the Easements to the occupants and invitees of the Apartment/Restaurant Parcel, 4,6 Condemnation, If title to any material portion of the Ramp is taken through power of eminent domain or sold under threat thereof, EDA shall as promptly as practicable following the vesting of such title in the condemner, cause the remaining portion of the Ramp to be repaired or restored in accordance with the standards contained in Article 2 hereof and in such manner as to comprise a functional, unified whole to the full extent required for Developer and the occupants and invitees of the Apartment/Restaurant Parcel to continue to receive the entire benefit of the Easements, 4.7 Indemnification. (a) EDA shall indemnify, defend and hold Developer (which shall be deemed to include, to the fall extent applicable, Developer, its partners, members, shareholders, trustees, beneficiaries, officers, employees, agents, consultants, attorneys and representatives) harmless from and against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies including interest, penalties and reasonable attorneys' fees, that Developer incurs or suffers, that arise out of, result from or relate to the construction, use, maintenance, repair, reconstruction or inspection of the Ramp and the Expansion except to the extent resulting from the negligence or willful misconduct of Developer, Notwithstanding anything to the contrary contained in the foregoing, Developer's recovery shall be limited to the amount of insurance EDA is required to maintain pursuant to the provisions of this Article 4. (b) Developer shall indemnify, defend and hold EDA (which shall be deemed to include, to the full extent applicable, EDA, its officers, employees, agents, consultants, attorneys and representatives) harmless from and against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, 9 liabilities, damages, recoveries, and deficiencies including interest, penalties and reasonable attorneys' fees, that EDA incurs or suffers, that arise out of, result from or relate to Developer's use of the Easements, but only to the extent resulting fYom the negligence or willful misconduct of Developer, 4.8 Municipal Tort Limits. Nothing contained in this Article 4 shall constitute a waiver by EDA of its statutory tort limits; provided, however, that with respect to claims of third parties, Developer shall be entitled to the fiYll protection of EDA's indemnification provided in Section 4.7(a). ARTICLE 5 ENFORCEMENT OF EASEMENTS, COVENANTS AND AGREEMENTS 5.1 Enforcement. Nothing in the following provisions of this Section 5.1 shall affect the status of the Ramp as a public parking garage open for use by the general public. Each of the easements, covenants and agreements as set forth herein shall be enforceable by Developer. No other person shall have any right to enforce any such easements, covenants and agreements, nor shall any other person, other than Developer and the occupants and invitees of the Apartment/Restaurant Parcel, have any interest in the easements covenants and agreements hereby created and declared. Nothing contained herein shall constitute a dedication of any interest in such easements, covenants and agreements to the public or give any members of the public any rights hereunder. Failure to enforce the easements, covenants and agreements herein contained shall in no way be deemed a waiver of the right to do so thereafter. 5.2 Self Help. Without limiting the provisions of Section 5.1 hereof, if (a) EDA is in default under any of the provisions hereof this Agreement, and such default continues more than ten (10) days after notice from Developer thereof if the case of a default under the other provisions hereof, or (b) notwithstanding the foregoing, if any condition exists on or within the Ramp that constitutes or creates an immediate threat to health, life or safety or damage to or destruction of property. Developer shall have the right, but not the obligation, (and in the case of clause (a), upon notice to EDA) to take such actions as it may deem necessary or desirable to remedy such condition. If Developer elects to remedy any such condition, EDA shall reimburse Developer the cost thereof within ten (10) days after Developer provides a written request therefor, accompanied by supporting invoices. Any reimbursement amount not timely paid shall bear interest until paid at a rate equal to the lesser of (i) twelve percent (12%) per annum or (ii) the highest amount allowed by law. 5.2 Remedies for Violation. In the event of any violation or attempted or threatened violation of the terms hereof or any interference or attempted or threatened interference with the rights and obligations herein granted, each of the easements, restrictions, and covenants may be enforced by a proceeding at law or in equity or both. If any person entitled to enforce the easements, restrictions and covenants shall elect to enforce the terms hereof by a proceeding in equity, such person may petition for a restraining order or injunction, temporary or permanent, prohibiting such violation or interference and demanding compliance with the provisions, which restraining order and injunction shall be obtainable upon proof of the existence of such violation or attempted or threatened violation or interference. 5.3 Cost of Enforcement. If either party hereto seeks to enforce any of the easements or restrictions and covenants created herein in judicial proceedings, the prevailing party therein shall be reimbursed by the other for all or any part of the costs incurred therein, including but not limited to reasonable attorneys' fees, costs and expenses. ARTICLE 6 MISCELLANEOUS 6.1 Notices. Notices required or permitted to be given under any provision of this Agreement shall be in writing and shall be deemed to have been given in accordance with. this Agreement, if it is mailed, by United States Certified Mail, return receipt requested, postage prepaid; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to EDA: Eagan Economic Development Authority 3830 Pilot Knob Road Eagan, Minnesota 55122 with a copy to: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue Suite 525 Apple Valley, Minnesota 55124 Attn: Robert B. Bauer If to Developer: Commercial Investment Properties, Co. Attn: Mark Jepson/Charlie Sullivan 1065 North 115'11 Street, Suite 200 Omah, NE 68154 Notice shall be effective, and the time for response to any notice by the other party shall commence to ran, three (3) business days after any such mailing or one (1) business day after deposit with any such overnight courier. Either party hereto may change its address for the service of notice by giving notice of such change to the other party, in any manner above specified, ten (10) days prior to the effective date of such change. Notwithstanding the foregoing, any party may give any other party written notice hereunder by any means other than by United States registered or certified mail or overnight courier, which is reasonably calculated to reach the other party, including but not limited to hand delivery, email transmission or facsimile transmission, provided that any such notice shall be deemed to have been given and shall be effective only when actually received by the addressee, proof of which shall be furnished by the party sending such notice. 6.2 No Amendments. No amendment or modification of the terms of this Agreement will be effective unless in writing and executed by Developer, or its successors, and the owner of the Ramp Parcel, and consented to by each and every holder of any mortgage(s) on the Apartment/Restaurant Parcel and Ramp Parcel or any part thereof. 11 6.3 Severability. Invalidation of anyone of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. 6.4 Captions. The title of this instrument and the captions or headings of the articles, sections and subsections hereof are for convenience of reference only and are not to be used in the interpretation of this instrument. 6.5 Waiver. Failure by any party to enforce any provision of this Agreement shall not be deemed a waiver of the right to do so thereafter. 6.6 Generally. This Agreement shall be binding upon and inure to the benefit of and be enforceable by the respective successors and assigns of the parties hereto. Time is of the essence with respect to the payment and performance of the obligations set forth in this Agreement. No third party beneficiary rights are created by this Agreement. 6.7 Counterparts. This Agreement may be executed in any number of counterparts with the same force and effect as if all signatures were appended to one document, each of which shall be deemed an original. ARTICLE 7 DISPUTE RESOLUTION Except in connection with a proceeding in equity, which will be governed by the rules of procedure of the applicable court, claims, disputes or other matters in question between the parties hereto arising out of or relating to this Agreement or any breach hereof shall be first submitted to mediation, with the parties mutually agreeing upon a mediator and sharing equally the cost thereof. If the parties cannot agree on the mediator, one shall be appointed by the District Court for Dakota County, Minnesota. If the dispute is not resolved through mediation, it shall be governed by the laws of the State of Minnesota with the venue for any dispute being the District Court for Dakota County, Minnesota. 12 WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set tdi kaccordance with the requirements of the Act. DEVELOPM: COMMERCIAL IIS PROPERTIES, CO. Its: STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) EDA: EAGAN ECONOMIC DEVELOPMENT AUTHORITY Mike Maguire Its: President By: N David Its: D Director The foregoing instrument was acknowledged befoy6 me this day of , 2017, by Mike Maguire and David M. Osberg, the Presi nt and Executive Director of Eagan Economic Development Authority, a public body corpo ate and politic and a political subdi ' ion of the State of Minnesota, on behalf of the public bod . STATE OF ) )ss. COUNTY OF ) The foregoing instrument 2017, by Investment Properties, Co., a Net Notary Public cknowledged before me this day of , the of Commercial corporation, on behalf of the Nebraska corporation. 13 Notary Public THIS INSTRUMENT WAS DRAFTED BY; Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, Minnesota 55124 (952) 432-3136 14 EXHIBIT A Legal Description of the Apartment/Restaurant Parcel Outlot B Paragon Addition [NEED NEW LEGAL ONCE REPLATTED] EXHIBIT B Legal Description of the Ramp Parcel Lot 1, Block 1, CEDAR GROVE PARKWAY 2ND ADDITION, Dakota County, Minnesota, RX IBBI y C Restaurant W 75 Stalls Year vols '1 maintownce " tetrt niuln n atlai ato + :1r nge Age 2017 2,301.75 2.0% 4 2018 2,347.79 2.0% 5 2019 2,3.04.74 2.0% 6 2020 2,442.64 2.0% 7 2021 2,491.49 2.0% 8 2022 2,541.32 2.0% 9 2023 2,592.14 2.0% 10 2024 2,543.99 2.0% 11 2025 2,696,87 2.0% 12 2026 2,750.80 2.0% 13 2027 2,805.82 2.0% 14 2028 2,861.94 2,0% 15 2029 2,919.18 2.0% 16 2030 2,977.56 2.0% 17 2031. 3,037. x 1 2.0% 18 2032 3,097.85 2.0% 19 2033 31159.81 2.0% 20 2034 3,223.01 2.0% 21 2035 3,287.47 2.0% 22 2036 3,353.22 2.0% 23 2037 3,420.28 2.0% 24 2038 3,488.69 2.0% 25 2039 3,558,46 2.0% 26 2040 3,629.63 2.0% 27 2041 3,702.22 2.0% 28 2042 3,776.26 2,0% 29 2043 3,851.79 2.0% 30 2044 3,928.83 2.0% 31 2045 4,007.40 2.0% 32 2046 4,087.55 210% 33 2047 4,169.30 2.0% 34 2048 4,252.69 2.0% 35 2049 4,337.74 210% 36 2050 4,424.50 2.0%> 37 2051 4,512.99 2.0% 38 2052 4,603.25 2.0% 39 2053 4,695.31 2,0% 40 2054 4,789.22 2.0% 41 2055 4,885.00 2.0% 42 2056 4,982,70 210°/0 4.3 2057 5,082.36 2.0% 44 2058 5,184.00 2.0% 45 2059 5,287.68 2.0% 46 2060 5,393.44 210% 47 2061 55,.501.30 2.0% 48 2062 5,611.33 2.0% 49 2063 1111__ 1111...... _ 5,723.56 2.0% 50 EXJIIBIT "B" REPURCHASE AGREEMENT This Agreement is made and entered into effective as of the day of , 2017, by and between the Eagan Economic Development Authority, a public body corporate and politic and a political subdivision of the State of Minnesota (the "EDA") and Commercial Investment Properties, Co., a Nebraska Corporation, or its assigns (the "Developer"). WHEREAS, the EDA and Developer have entered into a Purchase Agreement, dated , 2017 (the "Contract") relating to the sale and purchase of a certain tract or parcel of land situated in Dakota County, Minnesota, described as follows: Outlot B, Paragon Addition, Dakota County, Minnesota [updated legal to be Inserted] (the "Property"); and WHEREAS, contemporaneously herewith the EDA has conveyed to Developer the Property. NOW, THEREFORE, in fiirther consideration of this conveyance and in furtherance of the understanding between the parties, Developer hereby grants to the EDA the following option to repurchase the Property; Section 1. REPURCHASE; If Developer has not commenced construction thereof within one hundred eighty (180) days fY om the date of this Agreement (the "Construction Commencement Deadline"), then the EDA shall have the option of repurchasing the Property for a purchase price of One Million Seven Hundred Twenty Five Thousand and No/100 Dollars ($1,725,000.00) less $172,500.00 (commission paid by EDA) less the amount of any liens on the Property resulting from action by the Developer unless the Construction Commencement Deadline is extended by mutual agreement of the parties. "Commenced Construction" shall mean the commencement of the installation of footings and foundation for the construction of a Class "A" multifamily residential property and restaurant. Notwithstanding the above, in the event the Developer is making good faith progress toward the installation of the footings and foundations, it may request that the EDA delay the repurchase right up to a maximum of three hundred sixty-five (365) days from the date of this Agreement. The EDA may exercise this option to repurchase by giving written notice to Developer within thirty (30) days after the Construction Commencement Deadline. Upon receiving the repurchase price in cash fi-om the EDA (which amount must be paid within thirty (30) days after the notice of option exercise is given), Developer shall convey to the EDA by limited warranty deed the Property free and clear of any liens and encumbrances placed or suffered thereon by Developer, which liens and encumbrances shall be paid off by Developer on or before closing. Section 2. RELEASE: If written notice of option exercise is not timely given to Developer or if Developer has Commenced Construction within the required period, this option to repurchase shall terminate absolutely and the EDA shall upon Developer's request, execute and deliver to Developer a release of this repurchase right in recordable form. Section 3. NOTICE: All notices, demands and requires required or permitted to be given under this Agreement must be in writing and shall be deemed to have been properly given or served either by personal delivery or by depositing the same in the United States Mail, addressed to the EDA or to Developer, as the case may be, prepaid and registered or certified mail, return receipt requested, at the following addresses: If to Seller: Eagan Economic Development Authority 3830 Pilot Knob Road Eagan, Minnesota 55122 with a copy to: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, Minnesota 55124 Attn: Robert B. Bauer If to Buyer: Commercial Investment Properties, Co. Attn: Mark Jepson/Charlie Sullivan 1065 North 115th Street, Suite 200 Omaha, NE 68154 2 Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to be receipt of the notice, demand or request. Either party shall have the right from time to time and at any time upon at least ten (10) days' written notice thereof, to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America. Section 4. MISCELLANEOUS. The provisions of this Agreement are intended in each instance to be binding upon and inure to the benefit of the signatories hereto, to the successors and assigns of Developer who become owners of the Property and to the successors and assigns of the EDA to whom the right, title and interest herein is specifically assigned. Either party may record this instrument in the appropriate real estate records. IN WITNESS WHEREOF, the parties have caused this instrument to be executed as of the date and year first above written. OA Repurchase Agreement Developer's Signature Page STATE OF ) )ss. COUNTY OF ) The foregoing instrument was 2017, by Investment Properties, Co., a DEVELOPER: Commercial Investment Properties, Co., a Nebraska corporation Its: ledged befi e me this ` day of , the " ,, corporation, on behalf 3 Notary Public of Commercial limited liability company. Repurchase Agreement LDA's Signature Page EDA: Vk1gan Economic Development Authority, a bo ,corporate and politic and a politicalsyr of the to of Minnesota / U-5 STA OF MINNESOTA) )ss. COUNTY OF KOTA ) Mike Maguire Its: President David M. Osbi Its: Executive The foregoing ins Ment was acknowledged before me, a notary public, thi day of , 2017, by Mike aguire and David M, Osberg, President and Exec the Director of the Eagan Economic Developme uthority, a public body corporate and p tic and a political subdivision of the State of Minnesota, behalf of the public body. THIS INSTRUMENT DRAFTED BY: Dougherty, Molenda, Solfest, Hills & Bauer P 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 432-3136 2