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03/21/2017 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING MARCH 21, 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 Temporary On -Sale Liquor License and waive the license fee for Trinity School at River Ridge on April 6, 7 and 8, 2017 at 601 River Ridge Parkway F. APPROVE Temporary On -Sale Liquor License for Twin Cities Good Time Softball League on May 27 and 28, 2017 at 4201 Lexington Avenue and 980 Northview Park Road G. APPROVE Exempt Permit for Minnesota Farm Bureau to hold a raffle on September 15, 2017 at 3080 Eagandale Place H. APPROVE resolution modifying fees for permits to keep chickens and beekeeping permits I. APPROVE senior citizen special assessment deferment application — Parcel 10-72961-02-080 J. APPROVE a Resolution and Partnership Agreements to Accept Cash Donations for Upcoming 2017 Events K. APPROVE support for Outdoor Recreation Grant Application with Minnesota Department of Natural Resources L. APPROVE resolution modifying the Unmanned Aircraft Systems (UAS) for use within City Parks M. AWARD Contract 17-01, 2017 Street Improvements N. AWARD Contract 17-02, Bur Oaks Pond Protection Project O. AWARD Contract 17-03, Cliff Lake Protection Project P. AWARD Contract 17-05, 2017 Water Quality & Storm Sewer Improvements Q. APPROVE Plans & Specifications, Contract 17-07 — 2017 Trail & Parking Lot Improvements, and Authorize Bid Opening for April 27, 2017 R. APPROVE Plans & Specifications, Contract 17-11— 2017 Sewer Lining Improvements, and Authorize Bid Opening for April 20, 2017 S. DECLARE Northwest Parkway street signs as surplus T. APPROVE 2017 Consultant pool for Property Maintenance Services U. APPROVE Final Subdivision and Final Planned Development for Cedar Grove 5th Addition — Affinity at Eagan V. APPROVE Exempt Permit for the Eagan High School Hockey Boosters to hold a raffle on July 16, 2017 at 3870 Pilot Knob Road V. PUBLIC HEARINGS A. HOST APPROVAL of revenue bonds to be issued by the City of Minneapolis and the St. Paul HkA on behalf of Allina Health System VI. OLD BUSINESS VII. NEW BUSINESS VIII. LEGISLATIVE/ INTERGOVERNMENTAL AFFAIRS UPDATE A. OPPOSITION to Small Cell Legislation IX. ECONOMIC DEVELOPMENT AUTHORITY A. CALL TO ORDER B. ADOPT AGENDA C. CONSENTAGENDA 1. APPROVE EDA Minutes 2. ADOPT Findings of Fact, Conclusions and Resolution for the sale of Outlot B, Paragon Addition to Commercial Investment Properties, Co. D. OLD BUSINESS E. NEW BUSINESS 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 (Immediately following the City Council meeting there will be a Special City Council Workshop) City of Eap —___— _ _ _ Ma TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR OSBERG DATE: MARCH 17, 2017 SUBJECT: AGENDA INFORMATION FOR MARCH 21, 2017 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the March 21, 2017 City Council agenda, the following items are in order for consideration. Agenda Information Memo March 21, 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 14, 2017 Special City Council meeting and March 7, 2017 regular City Council meeting as presented or modified. Attachments: (2) CA -1 February 14, 2017 Minutes CA -2 March 7, 2017 Minutes MINUTES SPECIAL CITY COUNCIL MEETING FEBRUARY 14, 2017 5:30 P.M. EAGAN MUNICIPAL CENTER City Councilmembers present: Maguire, Bakken, and Hansen. Fields and Tilley were absent. City staff present: City Administrator Osberg, Fire Chief Scott, and Director of Public Works Matthys, Recreation Program Supervisory Andersen, and Finance Director Pepper. ROLL CALL AND ADOPTION OF THE AGENDA Councilmember Bakken moved, Councilmember Hansen seconded a motion to adopt the agenda as presented. Aye: 3 Nay:0 There were no visitors to be heard. VISITORS TO BE HEARD UPDATE ON FIRE STATIONS City Administrator Osberg introduced the item noting the Council is asked to provide direction on the next steps for Fire Stations #1, #3 and #5. Osberg noted during the presentation there will be several questions for the Council to consider on each of the fire stations. The new Fire Station #1 is scheduled to open in the spring 2017, thus completing the goal of consolidating 5 fire stations into 3. Fire Chief Scott walked through the details on the excess Fire Stations #1, #3, and #5. City Administrator Osberg walked through the questions for the Council to consider for each of the excess fire stations. 1) Would the City Council consider providing direction to demolish former Fire Station #1, clear the site, and allow for the construction of a small pocket park to memorialize the location of the City's first Fire Station? If not, are there different uses the City Council would suggest staff consider for additional research and study. It was the consensus of the Council to solicit proposals for the reuse of former Fire Station #1 and/or reuse of the property. 2) is the City Council comfortable continuing to hold onto Fire Station #3 until along term usage is firmly established which will become clearer after the study work is complete for the City Hall and Police Station projects? It was the consensus of the Council to hold onto Fire Station #3 until a long term usage is firmly established. 3) Would the City Council consider soliciting proposals for the reuse of former Fire Station #5 and/or the reuse of the property? It was the consensus of the Council to solicit proposals for the reuse of former Fire Station #5 and/or reuse of the property. STREETSCAPE/ENTRY MONUMENT GUIDELINES — CEDAR GROVE City Administrator Osberg introduced the item noting on May 12, 2015, the Council received an assessment of the existing conditions of the landscaping and entrance monuments within the Cedar Grove Redevelopment Area and provided direction to staff on addressing future modifications. Special City Council Minutes February 14, 2017 Page 2 Public Works Director Matthys gave a staff report. Jeff Feulner, Landscape Architect with WSB & Associates Inc., gave a presentation on the draft streetscape and entrance monument element revisions, and provided examples at the existing intersections of Cedar Grove Parkway, Nicols Road and Silver Bell Road near Trunk Highway 13 and was available for questions. The Council discussed the proposed guidelines and gave the following feedback: Monuments: Limestone/natural stone Public Art: Lease art, provide venues to display elements and incorporate into the updated features Columns: Update modern, integrated lights in the column Lights: Incorporate modern light elements, such as in the Sperry Tower Street Signage: Minimize impact to monuments, cut back where appropriate/meet standards Gathering space: Create additional spaces where appropriate Design concept: Include features with common community theme, such as the Sperry Tower Wayfinding: Add additional signage where needed; also consider directing to other City sites The Council noted support for restoration/replacement of some of the existing streetscape and entrance monument features in the Cedar Grove Redevelopment Area during 2017, with a partial funding from the Redevelopment Incentive Grant (RIG) and the City funding the remainder of the cost for improvements at the intersection of Cedar Grove Parkway / Nicols Road / Silver Bell Road. The Council indicated the long term cost for maintenance of the design shall be addressed when the final design is presented. The Council would also like to get cost participation from local businesses/properties in the area. There was no other business to be heard. OTHER BUSINESS ADJOURNMENT Councilmember Hansen moved, Councilmember Bakken seconded a motion to adjourn at 7:47 p.m. Aye:3 Nay:O Date Mayor City Clerk MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota March 7, 2017 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. A regular meeting of the Eagan City Council was held on Tuesday, March 7, 2017 at 6:00 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. 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. Ave: 5 Nay:0 RECOGNITIONS AND PRESENTATION There were no recognitions and presentations to be heard. CONSENT AGENDA Councilmember Tilley moved, Councilmember Fields seconded a motion to approve the Consent agenda as presented: Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the February 21, 2017 regular City Council meeting as presented or modified. B. Personnel Items: 1. It was recommended to authorize the resignation of Aaron Menza, GIS Technician, and authorize the recruitment and replacement of this position. 2. It was recommended to authorize the hiring of Britta Dreas, Eagan Community Center Fitness Instructor. 3. It was recommended to approve addition to the Employee Handbook regarding Employee Volunteer Hours. 4. It was recommended to approve addition of 57.52 hours to the City Administrator's vacation hour balance. 5. It was recommended to accept the resignation of Rink Attendants listed in memo. C. It was recommended to ratify the check register dated February 17 and 24, 2017. D. It was recommended to approve the ordinary and customary contracts with Integrated Lost Control, Inc., and Eagan Women of Note. E. It was recommended to adopt a resolution approving an Exempt Permit for Faithful Shepherd Catholic School to host bingo on April 21, 2017 at 3355 Columbia Drive. F. It was recommended to declare miscellaneous office furniture and water resources equipment to be surplus. G. It was recommended 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. H. It was recommended to approve a resolution and sign Sponsoring Agency Agreement. City Council Meeting Minutes March 7, 2017 2 page I. It was recommended to 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. J. It was recommended to 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. K. It was recommended to 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. L. It was recommended to 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. M. It was recommended to approve an Ordinance Amendment to Chapter 11, Subd. 28, placement, construction and maintenance of signs. N. It was recommended to approve a resolution of support for an application by Prime Therapeutics, LLc, to the Minnesota Department of Employment and Economic Development Job Creation Fund. 0. It was recommended to authorize and approve Easement Conveyance Agreement and authorize the Mayor and City Clerk to execute all necessary documents. P. It was recommended to approve a Final Planned Development upon approximately 20 acres located north of Vikings Parkway and south 1-494. Q. It was recommended to approve the Sixth Extension of the Amended and Restated Preliminary Redevelopment Agreement for Master Developer Services for the Cedar Grove Redevelopment District. R. It was recommended to authorize issuance of a Request for Proposal (RFP) for fiber construction projects. PUBLIC HEARINGS Northwest Parkway — MV Eagan — Vikings Lakes Right -Of -Way Vacation City Administrator Osberg introduced the item noting the action to be considered is to approve the vacation of Northwest Parkway right-of-way located within the MV Eagan/Viking Lakes development in northeast Eagan. The purpose of the request is to allow the recording of a final plat of the properties (Viking Lakes) for a proposed mixed-use development. Public Works Director Matthys gave a staff report and provided a site map. Representatives of Viking Lakes were present. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to 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. Aye: 5 Nay: 0 City Council Meeting Minutes March 7, 2017 3 page Approve Minnesota Investment Fund Application for the Extension of Prime Therapeutics, LLC City Administrator Osberg introduced the item noting the action to be considered is to adopt a resolution authorizing and approving a Minnesota Investment Fund Application by Prime Therapeutics, LLC for its expansion in the City of Eagan. Community Development Director Hutmacher gave a staff report and provided a site map. Representatives from Prime Therapeutics were present and available for questions. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Hansen seconded a motion to adopt a 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. Aye:S Nay:O Certification of Delinquent Utilities City Administrator Osberg introduced the item noting twice a year the Council is asked to approve the final assessment roll for delinquent utility bills. The City currently has approximately 947 utility bill accounts with delinquent balances. Of the utility accounts due for certification, 67 have had a Sheriff's sale since January 1, 2012. Two accounts had a Sheriffs sale in 2017. The Council discussed the delinquent utilities. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Tilley moved, Councilmember Fields seconded a motion 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. Aye: 5 Nay: 0 Certify Delinquent Nuisance Abatement Bills City Administrator Osberg introduced the item noting 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. A diseased tree removal is included in the proposed assessment roll. The assessable amount of the delinquent invoices is $2,300.88. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Hansen seconded a motion to close the public hearing and approve the Final Assessment Roll for delinquent nuisance abatement bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 City Council Meeting Minutes March 7, 2017 4 page There was no old business to be heard. OLD BUSINESS NEW BUSINESS Planned Development Amendment (CityVue Commons 3'd Addition) — Chick-fil-A City Administrator Osberg introduced the item noting the subject property is zoned Planned Development and located within the 10 acre CityVue Commons Planned Development, guided for Office/Service uses. The applicant is proposing a 5,000 sq. ft. restaurant with an outdoor patio and drive-through service. City Planner Ridley gave a staff report and provided a site map and other graphics. Justin Lurk, Chick-fil-A, and Joe Vavrina, HR Green, provided background on the application and stated they were available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. The Council discussed the planned development amendment. It was the consensus of the Council to allow two building signs, a code compliant monument sign or identification panel and a pylon sign. Councilmember Hansen moved, Councilmember Fields seconded a motion to approve 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 following revised conditions: 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. City Council Meeting Minutes March 7, 2017 5 page 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. 11. The applicant shall revise the elevation drawings to reflect building signage of no more than three total signs on up to two building elevations. 12. Building address numbers shall meet City Code requirements. 13. The applicant shall be allowed a panel on the existing pylon sign and a code compliant monument sign. 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. A. _*^'^%Aoa" k `hall be extended to the 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. Planned Development Amendment — Supervalu (Cub Foods) City Administrator Osberg introduced the item noting the applicant is proposing to add a 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. City Planner Ridley gave a staff report and provided a site map. Dave Jamieson, Supervalu, explained the proposal was part of an overall store upgrade that is planned and was available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. City Council Meeting Minutes March 7, 2017 6 page The Council discussed the planned development amendment. The Council agreed they would like to see an increase in green space over the existing amount, and suggested green space replace the parking spots on the north side of the building. Mr. Jamieson stated he was open to increasing the green space in that location. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve 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 following conditions: 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. 3. The applicant shall provide a revised Site Plan illustrating no net loss of green space for the site. Planned Development Amendment —Arrowhead Lodge BRF, Inc. City Administrator Osberg introduced the item noting this is a Planned Development that was established in the 1980s as a multi -story office development. 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. City Planner Ridley gave a staff report and provided a site map. The applicant was present and available for questions. Mayor Maguire opened the public comment. There being no public comment, he turned the discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve 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 following conditions: Aye: 5 Nay: 0 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: City Council Meeting Minutes March 7, 2017 7 page 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. 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. 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 City Council Meeting Minutes March 7, 2017 8 page 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. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There was no legislative/intergovernmental affairs update. ADMINISTRATIVE AGENDA CITY COUNCIL Mayor Maguire congratulated Parks & Recreation staff along with City staff for a successful "Community Connections" event held on Saturday, March 4. Councilmember Hansen agreed it was a good networking opportunity for residents. 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 7:30 p.m. Aye: 5 Nay: 0 Date Mayor City Clerk Agenda Information Memo March 21, 2017 Eagan City Council Meeting CONSENT AGENDA B. Personnel Items ITEM 1. Action To Be Considered: Authorize the promotion of Michelle Lutovsky from Clerical Tech 4 in the Engineering Division to Engineering Aide. Authorize the recruitment and replacement of the Clerical Tech 4 position. Facts: ➢ The Engineering Aide position was approved for replacement on January 17, 2017. ITEM 2. Action To Be Considered: Authorize the hiring of the following seasonal employees: Mattson, Barbara A Presler, Amy R Spruce -Torres, Simone R Gibbs, Megan M ITEM 3. Action To Be Considered: Fitness Instructor Personal Trainer Art House Instructor 3 Rec Program Assistant Accept the resignation of the following seasonal employees: Fjelstad, Jason T Winter Official Oneil, Scott A Winter Official Remker, Maxwell Winter Rec Leader Agenda Information Memo March 21, 2017 Eagan City Council Meeting CONSENT AGENDA C. Ratify Check Registers Action To Be Considered: To ratify the check registers dated March 3 and 10, 2017 as presented. Attachments: (2) CC -1 Check register dated March 3, 2017 CC -2 Check register dated March 10, 2017 Agenda Information Memo March 21, 2017, Eagan City Council Meeting CONSENT AGENDA D. Approve Contracts Action To Be Considered: To approve the ordinary and customary contracts listed below. Facts:  The contracts listed below are in order for Council approval. Following approval, the contracts will be electronically executed by the Mayor and City Clerk. Contracts to be approved:  Entertainment Contracts with the following for Market Fest entertainment: o 451st Army Band o Chris Snyder & Third Wheel Project o Gus Sent Me o LaValle Jazz Cats o Marv Gohman and Friends o Pair of 7 o Pan-handlers o Premier Latino Events o Remembering Elvis o Retro Soul & The Westside Horns o Rockin Hollywoods o The Bazillions o The Big Epic Show o The Castaways o The Innocent Regge Band o The Northside Dukes o The Sound Exchange o The Tuxedo Band  Entertainment Contracts with the following for Holz Farm event entertainment: o Czech Area Concertina Club – Sept. 24, 2017 o Czech Area Concertina Club – May 21, 2017 o Roe Family Singers – Sept. 23, 2017  Software Development Agreement with Geographic Software Specialists, Inc. for development of an iPad based ADA compatible survey system  Agreement with Sensus USA Inc. & Sensus Spectrum, LLC for use of a private radio channel for utility meter reading  Consulting Agreement with Gallagher Benefit Services, Inc. for employee benefit actuarial services  Certificate of Bond Proceeds with Oppenheimer & Co.  Processing Acknowledgement From with Impact Printing for use of National Change of Address services  Mowing Agreement with Northern Natural Gas for mowing services at the Cedar Station Upgrade Project Attachments: (0) The contracts are available from the City Clerk’s Office. Agenda Information Memo March 21, 2017, Eagan City Council Meeting CONSENT AGENDA E. Approve a Temporary On -Sale Liquor License and waive the license fee for Trinity School at River Ridge on April 6, 7 and 8, 2017 at 601 River Ridge Parkway. Action To Be Considered: To approve a temporary on -sale liquor license and waive the license fee for Trinity School at River Ridge on April 6, 7 and 8, 2017 at 601 River Ridge Parkway. Facts: ➢ Trinity School at River Ridge has requested a temporary on -sale liquor license be issued to it for a Christian Arts Festival. The event will be held within the school. ➢ Trinity School at River Ridge has requested that the $150.00 license fee be waived. ➢ The organization has met the requirements for a temporary on -sale liquor license and has submitted the required documentation. The application has been reviewed by staff and the Police Department and has been found in order for approval. ➢ Following Council approval, the application will be forwarded to the Department of Public Safety — Alcohol and Gambling Enforcement Division for final approval. Attachments: (0) Agenda Information Memo March 21, 2017, Eagan City Council Meeting CONSENT AGENDA F. Approve temporary on -sale liquor license for the Twin Cities Good Time Softball League's North Star Classic on May 27 and 28, 2017 at 4201 Lexington Ave and 980 Northview Park Road Action To Be Considered: To approve a temporary on -sale liquor license for the Twin Cities Good Time Softball League's North Star Classic on May 27 and 28, 2017 at 4201 Lexington Ave and 980 Northview Park Road. Facts: ➢ The Twin Cities Good Time Softball League, a non-profit organization based in Minneapolis, has applied for a temporary on -sale liquor license for its softball tournament, the North Star Classic, scheduled for May 27 and 28 at the Lexington-Diffley Athletic Complex and Northview Athletic Fields. ➢ The North Star Classic Tournament has been held in Eagan Since 2004. ➢ The organization has met the requirements for a temporary on -sale liquor license and has submitted the required documentation. The application has been reviewed by staff and the Police Department and has been found in order for approval. ➢ Following Council approval, the application will be forwarded to the Department of Public Safety = Alcohol and Gambling Enforcement Division. for final approval. Attachments: (0) Agenda Information Memo March 21, 2017, Eagan City Council Meeting CONSENT AGENDA G. Approve Exempt Permit for the Minnesota Farm Bureau Federation to hold a raffle on September 15, 2017 at 3080 Eagandale Place Action To Be Considered: To adopt a resolution approving an Exempt Permit for the Minnesota Farm Bureau Federation to conduct a raffle on September 15, 2017 at 3080 Eagandale Place. Facts: ➢ The Minnesota Farm Bureau Federation has applied for an Exempt Permit with the Gambling Control Board to hold a raffle as listed above. ➢ All requirements for the application have been met and staff deems it in order for approval. Attachments: (1) CG -1 Resolution RESOLUTION NO. CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT MINNESOTA FARM BUREAU FEDERATION WHERAS, the Minnesota Farm Bureau Federation has applied for an Exempt Permit to conduct a raffle on September 15, 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 Minnesota Farm Bureau Federation to conduct a raffle on September 15, 2017 at 3080 Eagandale Place. Motion by: Seconded by: Those in favor: Those against: Date: March 21, 2017 CERTIFICATION CITY OF EAGAN CITY COUNCIL By Its Mayor Attest: Its Clerk I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 21St day of March, 2017. City Clerk Agenda Information Memo March 21, 2017, Eagan City Council Meeting CONSENT AGENDA H. Approve resolution modifying fees for permits to keep chickens and beekeeping permits Action To Be Considered: To approve a resolution modifying fees for permits to keep chickens and beekeeping permits. Facts: ➢ The City Council recently received a resident request to review the fees charged for renewal Chicken Permits and renewal Beekeeping Permits. ➢ Currently, the Chicken Permit fee and Beekeeping Permit fee are each $50 annually. Staff has found the initial application review requires a moderate amount of staff time. The annual renewal and inspection require limited staff time. A $25 renewal fee is sufficient to cover the staff time required to process a renewal permit. ➢ Additionally, staff is working to streamline the renewals of the residents who hold both a Chicken Permit and a Beekeeping Permit so that one annual inspection covers the chicken coop and beehive(s). With this administrative change, a $25 renewal fee for properties that hold both permits is sufficient to cover the staff time required to process renewals. Attachments: (1) CH -1 Resolution RESOLUTION NO. CITY OF EAGAN APPROVING AMENDMENT TO THE 2017 FEE SCHEDULE WHEREAS, various sections of the City Code provide for fees to be established by City Council resolution; and WHEREAS, the City desires to recover certain user related costs through fees and reimbursement; and NOW THEREFORE, BE IT RESOLVED, that the fees listed below shall be effective immediately: • Renewal Beekeeping Permit: $25.00 • Renewal Permit to Keep Chickens: $25.00 • Combined Renewal of Beekeeping Permit and Permit to Keep Chickens: $25.00 Motion by: Seconded by: Those in favor: Those against: Date: March 21, 2017 Certification in Attest: CITY OF EAGAN CITY COUNCIL Its Mayor Its Clerk I, Christina M. Scipioni, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 21St day of March, 2017. Christina M. Scipioni, City Clerk Agenda Information Memo March 21, 2017, Eagan City Council Meeting CONSENT AGENDA Approve senior citizen special assessment deferment application — Parcel 10- 72961-02-080. Action to be Considered: To approve an application for a senior citizen deferment of special assessments for Parcel 10-72961-02-080. Facts: ➢ Section 2.75 of the Eagan City Code allows for the deferment of special assessments for senior citizens, subject to certain conditions. ➢ The City has received a request for deferment of assessments from the property owner at 4428 Summer Court. ➢ The assessment represents the certification of a delinquent utilities account balance of $258.83. ➢ Interest on the assessment will accrue at 3.5% per annum from the date of adoption, which was March 7, 2017. ➢ Staff has reviewed the application and determined that the eligibility requirements have been met. ➢ Finance Director Pepper can provide additional details of the application upon request. Attachments: none Agenda Information Memo March 21, 2017, Eagan City Council Meeting CONSENT AGENDA J. Approve a Resolution and Partnership Agreements to Accept Cash Donations for Upcoming 2017 Events Action To Be Considered: To approve a resolution and partnership agreements to accept cash donations from the following organizations, to authorize the necessary budget adjustments and direct the Mayor and City Clerk to sign the appropriate documents. Cash Donations: ➢ At Home Apartments ($300) o Market Fest Health and Wellness Night Partner ➢ Dakota County Library ($750) o Market Fest Partner Facts: ➢ Dakota County Library and At Home Apartments is renewing their event partnership of Eagan Market Fest. ➢ Market Fest is a popular community engagement event held on Wednesdays from the beginning of June to the end of September. It features a farmer's market, concerts in the park, a family art experience and value-added theme night activities. ➢ The cash donations listed above were budgeted for. Attachments: (1) CJ -1 Resolution CITY OF EAGAN RESOLUTION TO ACCEPT DONATIONS FOR UPCOMING 2017 EVENTS FROM MULTIPLE PARTNERS WHEREAS, Eagan Parks and Recreation offers several community wide programs and events during the year that offer volunteer and partnership opportunities; and WHEREAS, the Dakota Library and At Home Apartments have expressed an interest in partnering with Eagan Parks & Recreation to support upcoming 2017 community events; and WHEREAS, the following organizations have agreed to donate the listed amount to support 2017 Eagan Market Fest: Dakota County Library ($750) and At Home Apartments ($300); and NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby accept the following donations: Dakota County Library ($750) and At Home Apartments ($300); to support Eagan Parks & Recreation Market Fest. Motion made by: Seconded by: Those in favor: Those against: Dated: March 21, 2017 By: Mayor Attest: City Clerk CERTIFICATION I, Christina M. Scipioni, City Clerk for the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 21 st day of March, 2017. City Clerk Agenda Information Memo March 21, 2017 Eagan City Council Meeting CONSENT AGENDA K. Approve support for Outdoor Recreation Grant Application with Minnesota Department of Natural Resources Action To Be Considered: Approve resolution providing support for the City of Eagan to apply for grant funds through the Minnesota Department of Natural Resources for their 2017 Outdoor Recreation Grant program. Facts: ➢ The Minnesota DNR has an outdoor grant program that provides funding for qualified local government projects, including splash pads. ➢ As approved in the 2017— 2021 Capital Improvement Plan (CIP), the City of Eagan Parks and Recreation Department has a splash pad project planned for 2018. ➢ The matching funds for this grant application are covered with the amount appropriated in the CIP. ➢ The Advisory Parks and Recreation Commission has expressed their support in the department seeking appropriate grant funding to help supplement the departments Capital Improvement Program. ➢ The exact location of the proposed splash pad would be on the Central Park grounds, and coordinated in a way to be complementary to the other amenities and programs using that space. ➢ A splash pad was the number one requested item coming out of the engagement processes through small group work that stemmed from the Eagan Forward initiative. Attachments: (1) CK -1 Resolution CITY OF EAGAN RESOLUTION TO SUPPORT GRANT APPLICATION FOR MN DEPARTMENT OF NATURAL RESOURCES OUTDOOR RECREATION GRANT PROGRAM 2017 BE IT RESOLVED that City of Eagan act as legal sponsor for the project contained in the Outdoor Recreation grant application to be submitted on March 31, 2017 and that City of Eagan staff is hereby authorized to apply to the Department of Natural Resources for funding for this project on behalf of the City of Eagan. BE IT FURTHER RESOLVED that City of Eagan has the legal authority to apply for financial assistance, and financial capability to meet the match requirement and ensure adequate construction, operations, maintenance and replacement of the proposed project for its designed life. BE IT FURTHER RESOLVED that City of Eagan has not incurred any development costs and has not entered into a written purchase agreement to acquire the property described in the Cost Breakdown section on this application. BE IT FURTHER RESOLVED that City of Eagan has or will acquire fee title or permanent easement over the land described in the site plan included in the application. BE IT FURTHER RESOLVED that, upon approval of its application by the state, City of Eagan may enter into an agreement with the State of Minnesota for the above referenced project, and that City of Eagan certifies that it will comply with all applicable laws and regulations as stated in the grant agreement including dedicating the park property for uses consistent with the funding grant program into perpetuity. NOW, THEREFORE BE IT RESOLVED that Eagan Mayor and City Council is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant. Motion made by: Seconded by: Those in favor: Those against: Dated CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk CERTIFICATION I, Christina M.Scipioni, City Clerk for the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 21th day of March, 2017. City Clerk Agenda Information Memo March 21, 2017 Eagan City Council Meeting CONSENT AGENDA L. Approve a revised permit and fee for the use of Unmanned Aircraft Systems (UAS) for use within city parks Action To Be Considered: Approve an updated and revised permit and fee for use of UAS within specific parks within the City of Eagan. Facts: ➢ On August 16, 2016 the City Council approved a newly revised permit process and fee for flying of Unmanned Aircraft Systems within the City of Eagan parks spaces. ➢ Fee was initially set at $20 per flying unit. Staff did not realize the quantity of devices that the average enthusiast owns, therefore after several concerns have been received, and more research was done, a new fee is recommended of $20 per permit holder. ➢ In addition, Rahn park needed to be removed from the approved list because it just falls within the six mile boundary of MSP airport, and thus restricted Class B airspace. ➢ These changes maintain the recreational opportunity for the community to engage in flying their model aircraft and drones in park spaces, encouraging safe and responsible use within the city's park system. ➢ FAA guidelines are independent of the City's rules and a City permit is only issued when a user verifies compliance with the FAA registration system. Attachments: (2) CL -1 Modified permit CL -2 Resolution UNMANNED AIRCRAFT SYSTEMS IN PARKS ¢ PERMIT APPLICATION — $20 FEE Eagan Parks & Recreation 3830 Pilot Knob Road, Eagan, MN 55122 City of Eap (651) 675-5500 FAX: (651) 675-5012 Issue Date: -JJ *permit goes with each device and never expires NOTICE to UAS and all Flying Object operators: Due to proximity rules and regulations created by Federal Aviation Authority (FAA) regulations around airports, flying of all UAS within the City of Eagan in public spaces must adhere to the FAA Regulations and is limited to the following two park spaces: Lexington-Diffley park and George ohmann Park cannot negatively impact other park activities. Andrew Pimental, Director of Parks & Recreation Name: Home Phone: ( ) Address, City, State, Zip: Cell Phone: ( ) Email: Applicant Signature: I agree to follow all provisions, rules and regulations of the FAA as well as the City Code, including but not limited to the Section 10.23 Rules and regulations governing public parks and recreation areas and Section 10.31 noise ordinance. I agree to indemnify and hold the City harmless from and against any and all liability for any injury which may be suffered by myself and/or my guests arising out of, or in any way connected with this permit. Eagan Parks & Recreation Department personnel reserve the right to cancel this permit at anytime. X Signature Date Office Use Only. Permit # x 9 Director Signature Date I UAS City permit sticker must be present on the remote control of the UAS for approval to fly in Eagan parks, "AA registration verified at time of permit application. CITY OF EAGAN RESOLUTION TO UPDATE PERMIT PROCESS FOR UNMANNED AIRCRAFT SYSTEMS (UAS) WITHIN CITY OF EAGAN PARK SPACES WHEREAS, Eagan Parks and Recreation updated the permit process to maintain recreational flying of model aircraft, drones and all other unmanned aircraft systems in August 2016; and WHEREAS, Additional information from the Federal Aviation Administration (FAA) has recently been released on restricted airspace and use of UAS which has impacted the parks listed as approved areas to fly UAS; and WHEREAS, The initial fee proposed for the permitting of this recreation activity was based on preliminary research and additional information on the quantity of UAS units owned by enthusiasts has justified the modification of the fee to be $20 per person for a permit, and NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby adopt a revised fee of $20 per UAS permit holder and Rahn Park has been removed from the approved park areas for UAS flight. Motion made by: Seconded by: Those in favor: Those against: Dated 3-21-2017 CITY OF EAGAN CITY COUNCIL By: Mayor Attest: CERTIFICATION City Clerk I, Christina M.Scipioni, City Clerk for the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled the 21 st day of March, 2017. City Clerk Agenda Information Memo March 21, 2017 Eagan City Council Meeting CONSENT AGENDA M. Contract 17-01, 2017 Street Revitalization Action To Be Considered: Receive the bids for Contract 17-01 (2017 City -Wide Street Revitalization) and award a contract to McNamara Contracting, Inc. for the base bid in the amount of $1,128,721.80, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 17-01 provides for the street improvements as outlined and discussed in the respective Feasibility Reports for each of the following projects: o Cedar Industrial Park - Project 1227 o Woodgate 2nd Addition - Project 1228 o Waterview - Project 1229 o Pinetree Forest - Project 1230 o Lexington Pointe 11TH, 12TH & 14TH - Project 1231 o Gardenwood Ponds 1sT — 3R1 - Project 1232 o South Hills IST - Project 1233 o Gopher Eagan Industrial Park (Kutoff Court) - Project 1234 o Halley's 1st Addition (Biscayne Avenue) - Project 1235 as programmed for 2017 in the City's 5 -Year Capital Improvement Program (2017-2021). ➢ On January 5, 2017, the City Council authorized the street improvements for Projects 1227, 1228, 1229, 1230 and 1231. On January 19, 2017, the City Council authorized the street improvements for Project 1232, 1233, 1234 and 1235. These projects are combined under one contract for economies of scale in the competitive bidding process. ➢ All of the construction activity for said improvements has been designed to occur within existing public right-of-way or easements. ➢ On February 7, 2017, the Council approved the plans and specifications for Contract 17-01 and authorized the solicitation of competitive bids. ➢ On March 18, 2008, the 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 March 1, 2017, technical performance proposals from each bidder were received for this project. At 10:30 a.m. on March 9, 2017, 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 McNamara Contracting, Inc., has 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) CM -1 Bid Summary BID SUMMARY 2017 STREET REVITALIZATION CITY CONTRACT No. 17-01 CEDAR INDUSTRIAL PARK PROJECT NO 1227 Street Overlay WATERVIEW PROJECT NO 1229 Street Overlay LEXINGTON POINTE 11TH, 12TH & 14TH PROJECT NO 1231 Street Overlay SOUTH HILLS 11T PROJECT NO 1233 Street Overlay WOODGATE 2"D ADDITION PROJECT NO 1228 Street Overlay PINETREE FOREST PROJECT NO. 1230 Street Overlay GARDENWOOD PONDS 1sT -3RD PROJECT NO 1232 Street Overlay GOPHER EAGAN INDUSTRIAL PARK (KUTOFF COURT) PROJECT NO 1234 Street Overlay HALLEY'S 11T ADDITION (BISCAYNE AVENUE) PROJECT NO 1235 Street Overlay Bid Date/ Time: 10:30 a.m., Thursday, March 9, 2017 .Contractors 1. McNamara Contracting, Inc. 2. Northwest Asphalt, Inc. 3. Bituminous Roadways, Inc. 4. Park Construction Company 5. C.S. McCrossan Construction, Inc Total Base Bid $1,128,721.80 $1,129,380.70 $1,322,115.32 $1,327,516.72 $1,328,281.70 Project Low Base Bid Feasibility Report (FR) Estimate % Over/Under FR Estimate Engineer's Estimate % Over/Under Eng Estimate 1227 $ 247,364 $ 297,075 -16.7% $ 306,875 -19.4% 1228 $ 209,275 $ 239,775 -12.7% $ 244,953 -14.6% 1229 $ 26,564 $ 33,740 -21.3% $ 30,751 -13.6% 1230 $ 81,099 $ 100,725 -19.5% $ 98,660 -17.8% 1231 $ 67,995 $ 82,725 -17.8% $ 77,552 -12.3% 1232 $ 282,960 $ 332,400 -14.9% $ 337,349 -16.1% 1233 $ 129,342 $ 166,350 -22.2% $ 168,542 -23.3% 1234 $ 35,477 $ 42,000 -15.5% $ 40,555 -12.5% 1235 $ 48,646 $ 53,620 -9.3% $ 51,553 -5.6% Totals $1,128,722 $1,348,410 -16.3% $1,356,790 -16.8% Agenda Information Memo March 21, 2017 Eagan City Council Meeting CONSENT AGENDA N. Contract 17-02, Bur Oaks Pond Protection Project Pond GP -1.2 Improvements Action To Be Considered: Receive the bids and award Contract 17-02 (Bur Oaks Pond Protection Project — Pond GP -1.2 Improvements) to Meyer Contracting for the Base Bid in the amount of $699,996.43 and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 17-02 provides for grading, stormwater infrastructure modifications and installation of an iron -enhanced sand filtration (IESF) system at Pond GP -1.2, which is adjacent to Bur Oaks Pond (Bur Oaks) in northeast Eagan. The IESF system would remove dissolved phosphorus from stormwater before it drains to Bur Oaks during high-water conditions. The berm between Bur Oaks and the pond would support access by City maintenance vehicles and users of Bur Oaks Pa rk. ➢ On February 7, 2017, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 17-02. ➢ At 10:30 a.m. on March 15, 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 from Meyer Contracting has been reviewed by the Public Works Department (Water Resources/Engineering Divisions) and found to be in order for favorable Council action. Attachments: (1) CN - 1 Bid Summary BID SUMMARY BUR OAKS POND PROTECTION PROJECT (POND GP -1.2 IMPROVEMENTS) CITY CONTRACT 17-02 CITY PROJECT 1239 Bid Date/ Time: 10:30 a.m., Wednesday, March 15, 2017 Contractors Total Base Bid 1. Mier Contracting $699,996.43 2. Urban Companies 5817.926.00 3. Sunram Construction, Inc. $914,540.00 FeasibiIity °o w.. e,port Over/Unde Over/ Under a e. i^#L tLntitrate' • $699,996 ••••• 1 1 $997,509 •,• ••e Agenda Information Memo March 21, 2017 Eagan City Council Meeting CONSENT AGENDA O. Contract 17-03, Cliff Lake Protection Project Pond AP -42 Improvements Action To Be Considered: Receive the bids and award Contract 17-03 (Cliff Lake Protection Project — Pond AP -42 Improvements) to G.F. Jedlicki, Inc. for the Base Bid in the amount of $499,550.00 and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 17-03 provides for construction of a maintenance access road, grading, stormwater infrastructure modifications and the installation of an iron -enhanced sand filtration (IESF) system at Pond AP 42, which is adjacent to Cliff Lake in southwest Eagan. The IESF system would remove dissolved phosphorus from stormwater before it drains to the lake during high-water conditions. ➢ On February 7, 2017, the Council approved the plans and authorized the advertisement for solicitation of competitive bids for Contract 17-03. ➢ At 11:00 a.m. on March 15, 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 from G.F. Jedlicki, Inc. has been reviewed by the Public Works Department (Water Resources/Engineering Divisions) and found to be in order for favorable Council action. Attachments: (1) CO -1 Bid Summary BID SUMMARY CLIFF LAKE PROTECTION PROJECT (POND AP -42 IMPROVEMENTS) CITY CONTRACT 17-03 CITY PROJECT 1238 Bid Date/ Time: 11:00 a.m., Wednesday, March 15, 2017 �"--�---a--- T—a—i n--- ever 1. G.F. Jedlicki. Inc. 5499.550.00 2. Meyer Contracting; $511,740.95 3. Sunram Construction. Inc. 5612,693.00 4. Urban Companies $736,715.00 1238 $499,550 N/A N/A $ 645,827 -22.6% Agenda Information Memo March 21, 2017 Eagan City Council Meeting CONSENT AGENDA P. Contract 17-05, 2017 Water Quality & Storm Sewer Improvements Action To Be Considered: Receive the bids for Contract 17-05 (2017 Water Quality and Storm Sewer Improvements) and award a contract to BKJ Land Company, for the base bid in the amount of $85,447.45, and authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ Contract 17-05 provides for sediment removal and infrastructure maintenance within two wetlands (Ponds JP -19 and JP -30.6), as identified and approved in the City's 5 -Year CIP (2017-2021). This work helps the City fulfill obligations to maintain its stormwater drainage system in accordance with its Municipal Separate Storm Sewer System (MS4) permit administered by the Minnesota Pollution Control Agency. The work supports surface water quality within Eagan lakes and ponds. ➢ On February 7, 2017, the Council approved the plans and specifications for Contract 17- 05 and authorized the solicitation of competitive bids. ➢ At 10:30 a.m. on March 16, 2017, formal bids from four bidders were received for this project. ➢ All of the construction activity for said improvements has been designed to occur within existing public right-of-way or easements. ➢ All bids have been reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. The base bid from BKJ Land Company has been reviewed by the Public Works Department (Water Resources/Engineering Divisions) and found to be in order for favorable Council action. Attachments (1) CP -1 Bid Summary BID SUMMARY 2017 Water Quality & Storm Sewer Improvements CITY CONTRACT 17-05 CITY PROJECT 1243 Bid Date/ Time: 10:30 a.m., Thursday, March 16, 2017 Contractors Total Base Bid 1. BKJ Land Company $ 85,447.45 2. Fitzgerald Excavating & Trucking, $ 99.933.70 3. Veit _ _ $101,675.00 4. Sunram Construction $115,793.00 5. G.F. Jedlicki $137,106.00 6. Urban Companies $191,531.00 1243 $85,447 N/A N/A $ 115,500 -26.0% Agenda Information Memo March 21, 2017 Eagan City Council Meeting CONSENT AGENDA Q. Contract No. 17-07 2017 Trail & Parking Lot Improvements Action To Be Considered: Approve the plans and specifications for Contract No. 17-07 (2017 Trail & Parking Lot Improvements), and authorize the advertisement for a bid opening to be held at 10:30 a.m., on Thursday, April 27, 2017. Facts: Contract 17-07 provides for the construction and maintenance overlay of bituminous trails and parking lots in the following locations: o Deerwood Reservoir o Well 8 - Royal Oak Circle o Yankee Doodle Road Reservoir o Wescott Commons Park o Well 7 — Community Center o Downing Park o Cliff Road (CSAH 32) — Lake Park Dr. to Pilot Knob Rd (N side) o Pilot Knob Rd (CSAH 31) — Lone Oak Rd to Corporate Center Curve (E side) o Lexington Avenue (CSAH 43) — Cliff Rd to Diff ley Rd (E side) o Lexington Avenue (CSAH 43) — O'Leary Pk to Lone Oak Rd (E& W sides) as programmed for 2017 in the City's 5 -Year Capital Improvement Program (2017-2021) and authorized by the City Council on June 7, 2016. ➢ All of the construction activity for said improvements has been designed to occur within existing public right-of-way, public property or easements. These projects are being combined under one contract for economies of scale in the competitive bidding process. ➢ The plans and specifications have been completed by Public Works (Engineering), are available in the City Engineering office for review, and are being presented to the City Council for their approval and authorization for the advertisement of bids. ➢ Upon approval and authorization, an advertisement will be published in the legal newspaper, as well as a construction contracting publication, informing contractors of the bid. Attachments (0) Agenda Information Memo March 21, 2017 City Council Meeting CONSENT AGENDA R. Contract 17-11, 2017 City -Wide Sanitary Sewer Lining Action To Be Considered: Approve the plans and specifications for Contract 17-11 (2017 City-wide Sewer Lining - Sanitary Sewer Improvements) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on Thursday, April 20, 2017, at 3419 Coachman Point, Eagan, MN. Facts: ➢ Contract 17-11 provides for the rehabilitation of public sanitary sewer through lining improvements of about 7,500 linear feet of existing pipe in various areas within the City as was included in the Sanitary Sewer Operations and Facilities portion of the Council approved 2017-2021 Capital Improvement Program (CIP). ➢ All of the construction activity for said improvements has been designed to occur within existing public right-of-way or easements. ➢ The plans and specifications have been completed by Public Works (Utilities), are available in the Utilities Administration office for review, and are being presented to the City Council for their approval and authorization for the advertisement of bids. ➢ Upon approval and authorization, an advertisement will be published in the legal newspaper, as well as a construction contracting publication, informing contractors of the bid. Attachments (1) CR -1 Location Map A&L. 2017 Sanitary Sewer Lining N CityEaRanof 2017 (7,377 ft) W+ E S Map Date: 3/16/2017 Prepared by: City of Eagan Department of Public Works 1 i n = 1 mile Document Path: L:\USERS\PUBWORKS\Projects\Utilities\San itary_Sewer\Maintenance\Lining\Council Proposed Lining8x11.mxd Agenda Information Memo March 21, 2017 Eagan City Council Meeting CONSENT AGENDA S. Northwest Parkway Street Signs Action To Be Considered: Declare Northwest Parkway street signs to be surplus property. Facts: ➢ On August 1, 2016, a petition was received to change the name of Northwest Parkway to Vikings Parkway. The City Council approved the requested street name change subject to the applicant being responsible for all costs associated with the name change (i.e. sign replacement etc.). ➢ 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 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. ➢ On October 18, 2016, the City Council approved the new final plat, Viking Lakes, dedicating Vikings Parkway as public right-of-way to address the public streets and drainage and utility purposes for the new development. The new right-of-way was dedicated as part of the new plat and was not acquired with City funds. ➢ On March 7, 2017, the City Council awarded Contract 16-22, Vikings Parkway Street and Utility Improvements, to provide 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. ➢ As a result of the aforementioned City Council actions, Northwest Parkway no longer exists as a public street within the City. Accordingly, all Northwest Parkway street signs no longer serve a public purpose. ➢ Consideration is being requested for the declaration of the Northwest Parkway street signs as surplus property. Upon said designation, two such existing street signs would be sold for $1.00 to Northwest Airlines History Centre Inc. upon the condition of the return of said signs if the museum no longer exists. Attachments: (0) Agenda Information Memo March 21, 2017, Eagan City Council Meeting CONSENT AGENDA T. Approve Property Maintenance Services for 2017 — City of Eagan Action To Be Considered: To approve pool of Consultant Service providers for lawn mowing, refuse removal, securing vacant buildings and general maintenance for the collection of businesses on the attached list, authorize the City Planner and/or Senior Code Enforcement Technician as the signatory for work orders, and to authorize the Mayor and City Clerk to execute all related documents. Facts: ➢ In keeping with the Eagan City Policy for Engaging Professional Consulting Services, contractors have been solicited to submit bids for 2017 services. These bids are being presented to the City Council for their consideration of approving contractors for such services. ➢ The City of Eagan has a history of hiring lawn maintenance contractors to cut long grass and weeds on properties where, after notification, the owner has failed to become compliant with City Code requirements. ➢ Ordinance Amendment No. 433 adopted November 6, 2008 amended City Code Sec. 10.01 regarding storage, deposit and disposal of refuse, and allows the City to abate public health and safety nuisances by disposing of refuse abandoned on a property. ➢ City Code Sec. 10.51 allows the City to abate nuisances by disposing of junk furniture, household furnishings and appliances abandoned on a property. ➢ Property owners of record are billed for the services provided and costs are assessed against the property if the bills are unpaid. Issues: None Attachments: (2) CT -1 Consultant List CT -2 Property Services Agreements 2017 Consultant Service Pool — Code Enforcement Contractor List All contractors are required to carry workers compensation coverage. The contractors are required to provide Certificates of Insurance evidencing liability insurance naming the City as an additional insured party. Prices do not include sales tax. Twin Cities Junk Hauling LLC DBA 1 -800 -Got Junk? Contact: Chris Koehnen 1209 Tyler Street NE, #160 Minneapolis, MN 55413 763-442-6920 chris.koehnen@ 1800gotiunk.com Minimum Charge Volume Rate $129.00 (Additional per piece price for standard item removal) Full Load Volume Rate $598.00 Kaufman Enterprises Inc. Residential Lawn Maintenance $56.00/hr/man + debris removal Contact: Nancy Ahern Flail Mow Large Vacant Areas $155.00/hr + debris removal 3401 Hwy 55 Haul Away Vegetation Debris $10.00/yard + landfill fee Eagan, MN 55121 651-528-8700 keit kaufmanent.com Suburban Landscape Service Inc. Commercial Lawn Mower $55.00/hr/man Contact: Collin Merrill Walk Behind Sweeper $80.00/hr 3486 Dodd Rd Vegetation Debris Removal $22.00/cubic yard Eagan, MN 55123 Hand Labor $48.00/hr 651-442-6196 1 -ton Truck w/20' Dump Trailer $85.00/hr collin@slsdesigmmn.com Skid Loader w/bucket/forks $85.00/hr Debris Removal -Dump Truck $125.00/hr PROPERTY SERVICES AGREEMENT This P perty Services Agreement ("Agreement") is entered into this 2 day of Nom,- t, , 2017, by and between the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122 (the "City") and �` � � .�S 'ter ���:. ,. �g�� i-�fr�l3;'''�tli "Contractor'). WHEREAS, Contractor has experience and expertise in property maintenance services; and WHEREAS, the City desires to engage Contractor to assist in property maintenance services; and WHEREAS, Contractor desires to accept such engagement upon the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the mutual agreements herein contained and intending to be legally bound hereby, the City and Contractor hereby agree as follows: ARTICLE 1. TERM OF CONTRACT r -�' Section 1.01. TERM. This Agreement will become effective on 2 T_`, and will continue in effect, unless terminated in accordance with the provisions of Article 7 of this Agreement. ARTICLE 2. INDEPENDENT CONTRACTOR STATUS Section 2.01. NDEPENDENT CONTRACTOR STATUS. The City and Contractor expressly agree that Contractor is an independent contractor and not an employee, agent, joint venturer, or partner of the City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City and Contractor or any employee or agent of Contractor. Both parties acknowledge that Contractor is not an employee for state or federal tax purposes. ARTICLE 3. SERVICES TO BE PERFORMED BY CONTRACTOR Section 3.01. CONTRACTOR'S SERVICES. The City hereby retains Contractor (on a non- exclusive basis) for the purpose of providing the following property maintenance services to various properties located through the city: lawn mowing refuse removal socuring vacant buildings n general maintenance (collectively the "Property Services") Section 3.02. METHOD OF PERFORMING SERviCEs. Contractor shall determine the method, details, and means of performing the above-described Services. Section 3.03. PLACE OF WORK. Contractor shall base the performance of the Property Services at locations as determined by the City. The City is not required to provide office, technical or clerical support services to Contractor. Section 3.04. TIME OF PERFORMANCE, Contractor shall submit for the City's approval a schedule for the performance of the Property Services that may be adjusted by mutual consent as the Property Services proceed. Time limits established by this schedule approved by the City shall not be exceeded by Contractor or the City, except for reasonable cause, agreed to by the City. ARTICLE 4. COMPENSATION Section 4.01. AMOUNT OF COMPENSATION. In consideration for the Property Services to be performed by Contractor, the City agrees to pay Contractor consulting fees as follows: See Compensation Schedule attached as "Schedule A." Any compensation must be agreed to by the City. All Property Services for which Contractor is retained shall be on an hourly fee basis unless otherwise agreed to by the City. Section 4.02. PAYMENT FOR COMPENSATION. Payment will be made as follows: Contemporaneously with the submission of any bill to the City, the Contractor shall provide .an itemized statement detailing the number of hours spent by any employee or agent as well as the hourly rate charged by the individual providing the work. The Contractor shall segregate its billing to separate projects as may be required by the City, Section 4.03. EXPENSES. Contractor shall be responsible for all costs and expenses incident to the performance of the Services, including -but not limited. to, all taxes requiredof -or imposed against Contractor and all other of Contractor's costs of doing business.. The City agrees to reimburse Contractor only for those reimbursable expenses set forth on "Schedule A." ARTICLES. CONT'RACTOR'S OBLIGATIONS Section 5.01. ASSIGNMENT. Neither this Agreement nor any rights, duties, or obligations under this Agreement may be delegated or assigned by Contractor without the prior written consent of the City. Section 5.02. STATE AND FEDERAL TAXES. As Contractor is not the City's employee, Contractor is responsible for paying all required state and federal taxes. In particular, the City will not withhold FICA (Social Security) from Contractor's payments; will not make state or federal unemployment insurance contributions on Contractor's behalf will not withhold state or federal K income tax from payment to Contractor, will not make disability insurance contributions on behalf of Contractor; or will not obtain workers' compensation insurance on behalf of Contractor. ARTICLE 6. THE CITY'S OBLIGATIONS Section 6.01. THE CITY'S COOPERATION. The City agrees to comply with Contractor's reasonable requests necessary to the performance of Contractor's duties under this Agreement. Section 6.02. ASSIGNMENT. Neither this Agreement nor any rights, duties, or obligations under this Agreement may be delegated or assigned by the City without the prior written consent of Contractor unless this agreement is terminated. ARTICLE 7. TERMINATION OF AGREEMENT Section 7.01. TERMINATION ON OCCURRENCE OF STATED EVENTS. The City may terminate this Agreement automatically on the occurrence of any of the following events: (1) Contractor's bankruptcy or insolvency; (2) the sale or merger of Contractor's business and/or change in majority ownership; or (3) failure of Contractor to perform the Property Services in a timely fashion. Additionally, this Agreement may be terminated by either party upon thirty days written notice without cause. All provisions of this Agreement allocating responsibility or liability between the City and Engineer shall survive the completion of the services hereunder and/or the termination of this Agreement. Section 7.02. TERMINATION FOR FAILURE TO. MAKE AGREED-UPON PAYMENTS,. Should the City fail to pay Contractor all or any part of the compensation set forth in Article 4 of this Agreement on the date due, Contractor, at Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. ARTICLE 8. DISPUTE RESOLUTION/CONSENT TO ARBITRATION Section 8.01. ARBITRATION ELECTION. Any dispute arising out of or relating to this Agreement may be settled by binding arbitration with the American Arbitration Association. The use of arbitration shall be at the sole discretion of the City. if arbitration is not selected, then the venue for any dispute shall be the Dakota County district court. ARTICLE 9. GENERAL PROVISIONS Section 9.01. NOTICES. Any notices given hereunder by either party to the other shall be in writing and may be effected by personal delivery with signed receipt or by U.S. mail. Mailed notices shall be addressed to the parties at the addresses appearing in the introductory paragraph of this Agreement, but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally or by mail will be deemed communicated as of actual receipt; (both signed at time of receipt) Section 9.02. ASSIGNMENT. Except for the Contractor's use of necessary subcontractors, the Contractor and the City shall not assign or delegate their respective obligations under this Agreement without the written consent of the other party, which consent shall not be unreasonably withheld. Section 9.03. ENTIRE AGREEMENT OF THE PARTIES. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the rendering of services by Contractor for the City and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made, orally or otherwise, by any party, or by anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing signed by the party to be charged. Section 9.04. INDEMNIFICATION. Contractor agrees to protect, defend, indemnify, and hold the City and its assigns and attorneys, accountants, and employees, harmless from and against all losses, liabilities, damages, judgments, claims, counterclaims, demands, actions, proceedings, costs, and expenses (including reasonable attorneys' fees) of every kind and character resulting from, relating to, or arising out of (a) the inaccuracy,. non -fulfillment or breach of any representation, warranty, covenant, or agreement made by Contractor herein; or (b) any legal action, including any counterclaim, or breach of representation, warranty, covenant, or agreement made by Contractor herein; or (c) negligent or willful misconduct, occurring during the term thereof with respect to any of the decisions made by Contractor. Section 9.05. INSURANCE. The Contractor 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 the Property Services for the City, naming the City as additional insured in an amount of at least $1,000,000; 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. Section 9.06. SEVERABILITY. Whenever possible, each., provision of this Agreement will be interpreted in such a manner as to effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule, in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or the effectiveness or validity of any provision in any other jurisdiction, and the remaining provisions of this Agreement will continue in full force without being impaired or invalidated in any way. Section 9.07. GOVERNING LAW. All issues concerning this Agreement will be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction) that would cause the application of the law of any jurisdiction other than the State of Minnesota. 4 Section 9.08. HAZARDOUS SUBSTANCE. The Contractor's scope of services may include Property Services related to hazardous or toxic materials, including asbestos and PCBs. If it becomes known that such materials may be present at or near a property that may affect the Contractor's services, the Contractor may suspend performance of its services, without liability, and will assist the City to retain appropriate specialist Contractors to adequately identify and abate such materials so that Contractor's services may resume. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OF EAGAN: By: Mike Maguire Its: Mayor M Christina Scipioni, City Clerk 5 CONTRACTOR: 0 " -, 9 e---. - By: _ : 97— ; , ,R :i+,�1��`'WES A ���:1?,E E+!f This Property Services Agreement ("Agreement") is entered into this �Cq - day of 2017, by and between the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122 (the "Cit?') and 11 atuAjj, ',,kk , (the "Contractor"). WHEREAS, Contractor has experience and expertise in property maintenance services; and WHEREAS, the City desires to engage Contractor to assist in property maintenance services; and WHEREAS, Contractor desires to accept such engagement upon the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the mutual agreements herein contained and intending to be legally bound hereby, the City and Contractor hereby agree as follows: ARTICLE 1. TERM OF CONTRACT Section 1.01. TERM. This Agreement will become effective onJX �] and will continue in effect, unless terminated in accordance with the provisions of(Article 7 of this Agreement. ARTICLE 2. INDEPENDENT CONTRACTOR STATUS Section 2.01. INDEPENDENT CONTRACTOR STATUS. The City and Contractor expressly agree that Contractor is an independent contractor and not an employee, agent, joint venturer, or partner of the City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City and Contractor or any employee or agent of Contractor. Both parties acknowledge that Contractor is not an employee for state or federal tax purposes. ARTICLE 3. SERVICES TO BE PERFORMED B1' CONY ACTOR Section 3.01. CONTRACTOR'S SERVICES. The City hereby retains Contractor (on a non- exclusive basis) for the purpose of providing the following property maintenance services to various properties located through the city: • lawn mowing • refuse removal securing vacant buildings • general maintenance (collectively the "Property Services") Section 3.02. METHOD OF _PERFORMING SERVICES. Contractor shall determine the method, details, and means of performing the above-described Services. Section 3.03. PLACE OF WORK. Contractor shall base the performance of the Property Services at locations as determined by the City. The City is not required to provide office, technical or clerical support services to Contractor. Section 3.04. Tm4E OF PERFORMANCE. Contractor shall submit for the City's approval a schedule for the performance of the Property Services that may be adjusted by mutual consent as the Property Services proceed. Time limits established by this schedule approved by the City shall not be exceeded by Contractor or the City, except for reasonable cause, agreed to by the City. ARTICLE 4. COMPENSATION Section 4.01. AMOUNT OF COMPENSATION. In consideration for the Property Services to be performed by Contractor, the City agrees to pay Contractor consulting fees as follows: See Compensation Schedule attached as "Schedule A." Any compensation must be agreed to by the City. All Property Services for which Contractor is retained shall be on an hourly fee basis unless otherwise agreed to by the City. Section 4.02. PAYMENT FOR C_OWENSATION. Payment will be made as follows: Contemporaneously with the submission of any bill to the City, the Contractor shall provide an itemized statement detailing the number of hours spent by any employee or agent as well as the hourly rate charged by the individual providing the work. The Contractor shall segregate its billing to separate projects as maybe required by the City. Section 4.03. EXPENSES. Contractor shall be responsible for all costs and expenses incident to the performance of the Services, including but not limited to, all taxes required of or imposed against Contractor and all other of Contractor's costs of doing business. The City agrees to reimburse Contractor only for those reimbursable expenses set forth on "Schedule A." ARTICLES. CONTP.ACTOIZ'S OBLIGATIONS Section 5.01. ASSIGNMENT. Neither this Agreement nor any rights, duties, or obligations under this Agreement may be delegated or assigned by Contractor without the prior written consent of the City. Section 5.02. NATE AND FEDERAL TAXES. As Contractor is not the City's employee, Contractor is responsible for paying all required state and federal taxes. In particular, the City will not withhold FICA (Social Security) from Contractor's payments; will not make state or federal unemployment insurance contributions on Contractor's behalf; will not withhold state or federal 2 income tax from payment to Contractor; will not make disability insurance contributions on behalf of Contractor; or will not obtain workers' compensation insurance on behalf of Contractor. &gTICLE 6. THE ='S OBLIGATIONS Section 6.01. THE CITY'S COOPERATION. The City agrees to comply with Contractor's reasonable requests necessary to the performance of Contractor's duties under this Agreement. Section 6.02. ASSIGNMENT. Neither this Agreement nor any rights, duties, or obligations under this Agreement may be delegated or assigned by the City without the prior written consent of Contractor unless this agreement is terminated. ARTICLE 7. TERMINATION OF AGREEMENT Section 7.01. TERMINATION,. ON OCCURRENCE OF STATED EVENTS. The City may terminate this Agreement automatically on the occurrence of any of the following events: (1) Contractor's bankruptcy or insolvency; (2) the sale or merger of Contractor's business and/or change in majority ownership; or (3) failure of Contractor to perform the Property Services in a timely fashion. Additionally, this Agreement may be terminated by either party upon thirty days written notice without cause. All provisions of this Agreement allocating responsibility or liability between the City and Engineer shall survive the completion of the services hereunder and/or the termination of this Agreement. Section 7.02. TERMINATION FOR FAILURE TO MAKE AGREED-UPON PAYMENTS. Should the City fail to pay Contractor all or any part of the compensation set forth in Article 4 of this Agreement on the date due, Contractor, at Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. ARTICLE 8. DISPUTE RESOLUTION/CONSENT TO ARBITRATION Section 8.01. ARBITRATION ELECTION. Any dispute arising out of or relating to this Agreement may be settled by binding arbitration with the American Arbitration Association. The use of arbitration shall be at the sole discretion of the City. If arbitration is not selected, then the venue for any dispute shall be the Dakota County district court. ARTICLE 9. GENERAL PROVISIONS Section 9.01. NOTICES. Any notices given hereunder by either party to the other shall be in writing and may be effected by personal delivery with signed receipt or by U.S. mail. Mailed notices shall be addressed to the parties at the addresses appearing in the introductory paragraph of this Agreement, but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally or by mail will be deemed communicated as of actual receipt; (both signed at time of receipt) 3 Section 9.02. ASSIGNMENT. Except for the Contractor's use of necessary subcontractors, the Contractor and the City shall not assign or delegate their respective obligations under this Agreement without the written consent of the other party, which consent shall not be unreasonably withheld. Section 9.03. ENTIRE AGREEMENT OF THE PARTIES. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the rendering of services by Contractor for the City and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made, orally or otherwise, by any party, or by anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing signed by the party to be charged. Section 9.04. INDEMNIFICATION. Contractor agrees to protect, defend, indemnify, and hold the City and its assigns and attorneys, accountants, and employees, harmless from and against all losses, liabilities, damages, judgments, claims, counterclaims, demands, actions, proceedings, costs, and expenses (including reasonable attorneys' fees) of every kind and character resulting from, relating to, or arising out of (a) the inaccuracy, non -fulfillment or breach of any representation, warranty, covenant, or agreement made by Contractor herein; or (b) any legal action, including any counterclaim, or breach of representation, warranty, covenant, or agreement made by Contractor herein; or (c) negligent or willful misconduct, occurring during the term thereof with respect to any of the decisions made by Contractor. Section 9.05. INSURANCE. The Contractor 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 the Property Services for the City, naming the City as additional insured in an amount of at least $1,000,000; 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. Section 9.06. SEVERABILITY. Whenever possible, each provision of this Agreement will be interpreted in such a manner as to effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule, in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or the effectiveness or validity of any provision in any other jurisdiction, and the remaining provisions of this Agreement will continue in full force without being impaired or invalidated in any way. Section 9.07, GOVERNING LAw. All issues concerning this Agreement will be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction) that would cause the application of the law of any jurisdiction other than the State of Minnesota. ki Section 9.08. HAZARDOUS SuBsTANCE. The Contractor's scope of services may include Property Services related to hazardous or toxic materials, including asbestos and PCBs. If it becomes known that such materials may be present at or near a property that may affect the Contractor's services, the Contractor may suspend performance of its services, without liability, and will assist the City to retain appropriate specialist Contractors to adequately identify and abate such materials so that Contractor's services may resume. IN WIT -NESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OF EAGAN: Ln - Mike Maguire Its: Mayor By. Christina Scipioni, City Clerk CONTRACTOR: PROPERTY SERVICES AGREEMENT This Property Services Agreement ("Agreement") is entered into this 2T� day of i , 2017, by and between the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122 (the ` ity") andS ) b r16n A Lnn&5,r_a4!+" c ec=f. -r 1 luc.. , (the "Contractor"). WHEREAS, Contractor has experience and expertise in property maintenance services; and WHEREAS, the City desires to engage Contractor to assist in property maintenance services; and WHEREAS, Contractor desires to accept such engagement upon the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the mutual agreements herein contained and intending to be legally bound hereby, the City and Contractor hereby agree as follows: ARTICLE 1. TERM OF CONTRACT Section 1.01. TERM. This Agreement will become effective onFW cu C(,v L4Z 20 t 7 and will continue in effect, unless terminated in accordance with the provisions o Article 7 of this Agreement. ARTICLE 2. INDEPENDENT CONTRACTOR STATUS Section 2.01. INDEPENDENT CONTRACTOR STATUS. The City and Contractor expressly agree that Contractor is an independent contractor and not an employee, agent, joint venturer, or partner of the City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the City and Contractor or any employee or agent of Contractor. Both parties acknowledge that Contractor is not an employee for state or federal tax purposes. ARTICLE 3. SERVICES TO BE PERFORMED BY CONTRACTOR Section 3.01. CONTRACTOR'S SERVICES. The City hereby retains Contractor (on a non- exclusive basis) for the purpose of providing the following property maintenance services to various properties located through the city: • lawn mowing • refuse removal • securing vacant buildings • general maintenance (collectively the "Property Services") Section 3.02. METHOD OF PERFORMING SERVICES. Contractor shall determine the method, details, and means of performing the above-described Services. Section 3.03. PLACE OF WORK. Contractor shall base the performance of the Property Services at locations as determined by the City. The City is not required to provide office, technical or clerical support services to Contractor. Section 3.04. TIME OF ._PERFORMANCE. Contractor shall submit for the City's approval a schedule for the performance of the Property Services that may be adjusted by mutual consent as the Property Services proceed. Time limits established by this schedule approved by the City shall not be exceeded by Contractor or the City, except for reasonable cause, agreed to by the City. ARTICLE 4. COMPENSATION Section 4.01. AMOUNT _OF COMPENSATION. In consideration for the Property Services to be performed by Contractor, the City agrees to pay Contractor consulting fees as follows: See Compensation Schedule attached as "Schedule A." Any compensation must be agreed to by the City. All Property Services for which Contractor is retained shall be on an hourly fee basis unless otherwise agreed to by the City. Section 4.02. PAYMENT FOR COMPENSATION. Payment will be made as follows: Contemporaneously with the submission of any bill to the City, the Contractor shall provide an itemized statement detailing the number of hours spent by any employee or agent as well as the hourly rate charged by the individual providing the work. The Contractor shall segregate its billing to separate projects as may be required by the City. Section 4.03. EXPENSES. Contractor shall be responsible for all costs and expenses incident to the performance of the Services, including but not limited to, all taxes required of or imposed against Contractor and all other of Contractor's costs of doing business. The City agrees to reimburse Contractor only for those reimbursable expenses set forth on "Schedule A." ARTICLE 5. CONTRACTOR'S OBLIGATIONS Section 5.01. ASSIGNMENT. Neither this Agreement nor any rights, duties, or obligations under this Agreement may be delegated or assigned by Contractor without the prior written consent of the City. Section 5.02. STATE AND FEDERAL TAXES. As Contractor is not the City's employee, Contractor is responsible for paying all required state and federal taxes. In particular, the City will not withhold FICA (Social Security) from Contractor's payments; will not make state or federal unemployment insurance contributions on Contractor's behalf; will not withhold state or federal 2 income tax from payment to Contractor; will not make disability insurance contributions on behalf of Contractor; or will not obtain workers' compensation insurance on behalf of Contractor. ARTICLE 6. THE CITY'S OBLIGATIONS Section 6.01. THE CITY'S COOPERATION. The City agrees to comply with Contractor's reasonable requests necessary to the performance of Contractor's duties under this Agreement. Section 6.02. ASSIGNMENT. Neither this Agreement nor any rights, duties, or obligations under this Agreement may be delegated or assigned by the City without the prior written consent of Contractor unless this agreement is terminated. ARTICLE 7. TERMINATION OF AGREEMENT Section 7.01. TERMINATION ON OCCURRENCE OF STATED EVENTS. The City may terminate this Agreement automatically on the occurrence of any of the following events: (1) Contractor's bankruptcy or insolvency; (2) the sale or merger of Contractor's business and/or change in majority ownership; or (3) failure of Contractor to perform the Property Services in a timely fashion. Additionally, this Agreement may be terminated by either party upon thirty days written notice without cause. All provisions of this Agreement allocating responsibility or liability between the City and Engineer shall survive the completion of the services hereunder and/or the termination of this Agreement. Section 7.02. TERMINATION FOR FAILURE TO MAKE AGREED-UPON PAYMENTS. Should the City fail to pay Contractor all or any part of the compensation set forth in Article 4 of this Agreement on the date due, Contractor, at Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. ARTICLE 8. DISPUTE RESOLUTION/CONSENT TO ARBITRATION Section 8.01. ARBITRATION ELECTION. Any dispute arising out of or relating to this Agreement may be settled by binding arbitration with the American Arbitration Association. The use of arbitration shall be at the sole discretion of the City. If arbitration is not selected, then the venue for any dispute shall be the Dakota County district court. ARTICLE 9. GENERAL PROVISIONS Section 9.01. NOTICES. Any notices given hereunder by either party to the other shall be in writing and may be effected by personal delivery with signed receipt or by U.S. mail. Mailed notices shall be addressed to the parties at the addresses appearing in the introductory paragraph of this Agreement, but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally or by mail will be deemed communicated as of actual receipt; (both signed at time of receipt) 3 Section 9.02. ASSIGNMENT. Except for the Contractor's use of necessary subcontractors, the Contractor and the City shall not assign or delegate their respective obligations under this Agreement without the written consent of the other party, which consent shall not be unreasonably withheld. Section 9.03. ENTIRE AGREEMENT of THE PARTIES. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the rendering of services by Contractor for the City and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made, orally or otherwise, by any party, or by anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing signed by the party to be charged. Section 9.04. INDEMNIFICATION. Contractor agrees to protect, defend, indemnify, and hold the City and its assigns and attorneys, accountants, and employees, harmless from and against all losses, liabilities, damages, judgments, claims, counterclaims, demands, actions, proceedings, costs, and expenses (including reasonable attorneys' fees) of every kind and character resulting from, relating to, or arising out of (a) the inaccuracy, non -fulfillment or breach of any representation, warranty, covenant, or agreement made by Contractor herein; or (b) any legal action, including any counterclaim, or breach of representation, warranty, covenant, or agreement made by Contractor herein; or (c) negligent or willful misconduct, occurring during the term thereof with respect to any of the decisions made by Contractor. Section 9.05. INSURANCE. The Contractor 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 the Property Services for the City, naming the City as additional insured in an amount of at least $1,000,000; 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. Section 9.06. SEVERABILITY. Whenever possible, each provision of this Agreement will be interpreted in such a manner as to effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule, in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or the effectiveness or validity of any provision in any other jurisdiction, and the remaining provisions of this Agreement will continue in full force without being impaired or invalidated in any way. Section 9.07. GovERNiNG LAw. All issues concerning this Agreement will be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction) that would cause the application of the law of any jurisdiction other than the State of Minnesota. C! Section 9.08. HAZARDOUS SUBSTANCE. T.he Contractor's scope of services may include Property Services related to hazardous or toxic materials, including asbestos and PCBs. If it becomes known that such materials may be present at or near a property that may affect the Contractor's services, the Contractor may suspend perfonnance of its services, without liability, and will assist the City to retain appropriate specialist Contractors to adequately identify and abate such materials so that Contractor's services may resume. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OF EAGAN: By: Mike Maguire Its: Mayor By: - Christina Scipioni, City Clerk 5 CONTRACTOR. Un Its: Agenda Information Memo March 21, 2017, Eagan City Council Meeting CONSENT AGENDA U. Approve Final Subdivision and Final Planned Development for Cedar Grove Parkway 5th Addn. —Affinity at Eagan, LLC Actions To Be Considered: To approve a Final Subdivision (Cedar Grove Parkway 51h Addition) to create two lots upon approximately 4.1 acres located east of Nicols Road between Cedar Grove Parkway and Eagan Outlets Parkway. To approve a Final Planned Development for a 174 -unit multi -family residential development upon Lot 1, Block 1, Cedar Grove Parkway 5th Addition, located east of Nicols Road between Cedar Grove Parkway and Eagan Outlets Parkway. Facts: ➢ The applicant has entered into a purchase agreement with the Eagan EDA to purchase the land for this development. ➢ The Preliminary PD and Preliminary Subdivision were approved January 5, 2016. ➢ The Final Subdivision creates two lots upon the 4.1 acre site. Lot 1 consists of the easterly 2.7 acres; Lot 2 contains the westerly 1.4 acres. ➢ The Final Planned Development pertains to Lot 1 and is for 174 multi -family residential units. ➢ The Final PD incorporates some modifications from the Preliminary PD plans due to adjustments in the building for structural elements which affected the footprint and floor plans. o 174 vs. 173 dwelling units o 245 vs. 248 parking stalls o Parking ratio remains 1.4 stalls per unit o The lower levels of the building have an exterior finish material of decorative ashlar pattern concrete masonry unit. This is considered an upgrade from the stucco stipulated in the Preliminary PD, and thus, is an acceptable modification. ➢ The final development plans and plat have been reviewed by staff and are consistent with the preliminary approvals. ➢ All documents and agreements are in order for execution at the City Council March 21, 2017. Issues: None Attachments: (3) CU -1 Location Map CU -2 Final Plat CU -3 Contracts and Agreements � 16. �! f. 1 NVI a301V a 1N l�vaassai � � all <1z F N c m T 0 0 o c � � oN .y LL N N iY. r U r � � O O L= o m w C O w ♦+ 0- LL VUcc 0 J Zoo IL d m i a U LO L G1 :a a.w0 � 16. �! f. 1 NVI a301V a 1N l�vaassai � � all <1z F N c o R N N � m w C O m VUcc Y IL d m a U LO M - C o r /_",/ ,� •`-r . SOT � � ����ti ®� M� m N a� >t Q 2� IL = lll I L Q E`m cE , 3 UUP - _ oEOEA a I Q 7 = I L Q E`m cE - _ oEOEA a I W +. /:rvry I V W -_ r 7 Q E`m cE - _ oEOEA a I FINAL PLANNED DEVELOPMENT AGREEMENT AFFINITY AT EAGAN, LLC THIS FINAL PLANNED DEVELOPMENT AGREEMENT ("Agreement") is executed this day of 2017 to be effective as of the day of 2017 (the "Effective Date"), by and between the CITY OF EAGAN, a Minnesota municipal corporation (hereinafter the "City") and AFFRgITY AT EAGAN, LLC, a Washington limited liability company (hereinafter the "Developer"). The "City" and the "Developer" are hereinafter collectively known as the "Parties". WHEREAS, the City Council of the City is the official governing body of the City; and WHEREAS, Developer submitted an application for the development of a 174 -unit apartment building (the "Development Proposal") on the property legally described as Lot 1, Block 1, Cedar Grove Parkway 5th Addition (the "Property"); and WHEREAS, the Advisory Planning Commission did hold a public hearing on December 22, 2015, and recommended approval of the Development Proposal; and WHEREAS, the City Council of the City reviewed the Development Proposal on January 5, 2016, and approved the Development Proposal subject to the conditions set forth on Exhibit "A' and provided that the Developer enter into this Agreement. NOW, THEREFORE, it is hereby agreed by and between the Parties as follows: 1. This Agreement applies only to the Property. 2. This Agreement includes specific conditions to the development as set forth on Exhibit "A." Development of the Property shall be limited to the construction of a multiple -story 174 -unit age -restricted (55+) apartment community. 4. The use and development of the Property shall be in conformance with the following plans attached hereto. (A full size copy of these exhibits shall be on file with the City of Eagan Community Development Department.) • Exhibit B — Final Site Plan dated October 4, 2016, last revised January 17, 2017; • Exhibit C — Final Building Elevations received by the City October 10, 2016; • Exhibit D — Final Landscaping Plan October 4, 2016; • Exhibit E — Final Site Lighting Plan dated August 1, 2016; and • Exhibit F — Final Signage Plan received by the City October 10, 2016. 5. This Agreement shall run with the land until terminated by agreement of the Parties or expiration pursuant to Section 6 below and shall be binding upon the successors and assigns of the Owner. 6. This Agreement shall expire three (3) years from the date of execution unless prior thereto, the City has issued a Certificate of Occupancy for the improvements to be constructed in accordance with the approved Site Plan. In the event this Agreement expires, the City may at its sole option, initiate an amendment to its Comprehensive Guide Plan and rezone the Property in accordance with Minnesota statutes and the City Code. In the event the City rezones the Property, this Agreement shall automatically terminate upon the effective date of the rezoning. 7. This Agreement may be modified, amended or supplemented solely in compliance with City ordinances, rules and regulations. Notwithstanding, the changes to the Development Plans that are not substantive may be approved administratively by City Staff. Substantive modification to the Development Plans requires an amendment to this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first above written, [SIGNATURE PAGES TO FOLLOW] 2. Final Planned Development Agreement Signature Page for the City CITY OF EAGAN a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: Christina M. Scipioni Its: Deputy Clerk APPROVED AS TO By: City Planner STATE OF MINNESOTA ) ss COUNTY OF DAKOTA APPROVED AS TO FORM: By: City Attorney 41-1 0 -"-- On this _ day of 2017 before me a Notary Public within and for said County personally appeared Mike Maguire and Christina M. Scipioni to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed in behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public 3. FTmal Planned Development Agreement Signature Page for the Developer Affinity at Eagan LLC, a Washington limited liability company By: Affinity Eagan Manager, LLC, a Washington limited liability company Darin Davidson Its: Manager STATE OF WASHINGTON ) ) ss COUNTY OF SPOKANE ) The foregoing instrument was acknowledged before me this __ _ day of 2017, by Darin Davidson, the Manager of Affinity Eagan Manager, LLC, a Washington limited liability company, as the sole member of Affinity at Eagan, LLC, a Washington limited liability company, on behalf of the limited liability company THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST HILLS & BAUER P.A. 7300 West 147a' Street, Suite 600 Apple Valley, MN 55124 (952) 432-3136 (RBB: 206-36717) 4. Notary Public EXHIBIT A 1. A Final Planned Development Agreement shall be executed for each of Sites 1 and 2 prior to issuance of a building permit for the site. The Final Planned Development Agreement shall be recorded against the property at the Dakota County Recorder's office. The following plans are necessary for each Final Planned Development Agreement: • Final Site Plan • Final Building Elevations • Final Landscaping Plan • Final Site Lighting Plan • Final Signage Plan 2. The property shall be platted. Airport Noise 3. Within the one -mile Buffer of Airport Noise Policy Zone 4, a minimum 19 dBa reduction in Interior noise levels shall be required for new residential construction, to be provided at the time of application for Building Permit. Lighting 4. Pole mounted light fixtures shall be not more than 20 feet high. 5. All site lighting shall be downcast and shielded. 6. Public street lights shall be .installed, by the developer, along all adjacent public roadways, with locations consistent with the existing street lighting on the other sides of the streets. Building Materials/Architecture 7. The stucco siding shall be integrally colored, and more than one complementary color utilized to provide horizontal and vertical relief. 8. Painted concrete is not an acceptable material. The exterior materials shall be revised to provide the stucco finish In place of the painted concrete on the lower levels. 9. Final Building Elevations at the time of Final Planned Development shall include a data table showing the percentage of primary and secondary materials to demonstrate compliance with the City Code standards. 10. A materials palette shall be provided with the Final Planned Development identifying the specific products and color selections for different materials. 11. The building shall provide consistent interior window treatments for windows that are visible from a public street or open space. 12. Individual entrances for each unit at street level shall be incorporated into the design of the future townhome development on Lot 2. Signage 13. The monument sign shall be constructed of masonry materials to match the principal building. A detailed sign plan shall be provided at the time of Final Planned Development demonstrating consistency with City Code standards. 14. The monument sign shall be relocated to achieve the minimum 10' setback and avoid placement within the easement. 15. Any future building signage shall be subject to City Code standards. 16. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. Mechanical Equipment/Trash Storage 17. Trash storage shall be located within the garage building's garage area. Landscaping 18. The Final Landscape Plan shall be revised to increase the number of trees to provide the required 1 tree /500 s.f. ratio. The Landscape Plan graphic and schedule shall be reconciled to match. Proposed plant materials shall utilize more evergreen plantings. 19. The Final Landscape Plan shall provide for landscaping around the base of the monument sign. Grading/Topography/Erosion Control 20. The grading plan shall be modified so no slopes exceed 3:1. 21. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to final subdivision approval. 22. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 23. All personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 24. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 25. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies. A Utilities 26. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 27. Fiber To The Premise Conditions: A. The applicant shall install two vaults (at their expense), one on the north side of the property along the ROW on Eagan Outlets Parkway and one on the south side of the property along the ROW on Cedar Grove Parkway. The vault size shall be at least 48"x35"x30". From each vault, the applicant shall install a minimum of 2-4" conduits with minimal or long sweeping bends that runs to the buildings MDF (Main Distribution Frame) closet. B. From the buildings MDF closet, the applicant shall install a minimum of 2-4" conduits with minimal or long sweeping bends to all other IDF (Intermediate Distribution Frame) closets throughout the building. C. In all units within the development, the applicant shall install at least a 1gbps Ethernet (Cat5e/Cat6 or fiber optic) connection to all livable spaces (i.e. kitchen, bedrooms and living room) that terminates in the LDF/MDF closet. D. The applicant shall submit a detailed low -voltage and/or electrical plan as part of its building permit, in a form acceptable to staff, depicting compliance with condition C above. Prior to receiving the final Certificate of occupancy, the applicant shall submit a certification to City staff that the low -voltage and/or electrical plan was built as designed and in compliance with condition C above. E. The applicant must select a service provider to install and provide fiber optic cabling into the MDF for high speed communication services with either AccessEagan or another provider. If AccessEagan is selected, the applicant shall enter into a service agreement in a form acceptable to the City Attorney, 28. The restoration of any streets and/or boulevards damaged during construction activities shall be restored in a manner acceptable to the City Engineer. Streets/Access/Pedestrian Circulation 29. The developer shall perform turn lane and striping modifications on Eagan Outlets Parkway to accommodate the parking lot access location, in a manner acceptable to the City Engineer. 30. The developer shall extend the public trail along Cedar Grove Parkway, and sidewalk along River Valley Way, in a manner acceptable to the City Engineer. 31. The existing access to Nicols Road shall be removed and restored by the developer, in a manner acceptable to the City Engineer. 32. The applicant shall enter into a participation agreement with the City for maintenance of the trails adjacent to the site. 33. No construction equipment or vehicles shall use the parking garage during development of this site. 34. All perimeter construction fencing shall be installed a minimum of 5' behind the curb, or behind the trail/sidewalk if one Is present. 7. 35. All existing trails/sidewalks shall remain fully open to pedestrian traffic throughout construction, and any damage to those facilities shall be the responsibility of the development to repair and/or replace in a manner acceptable to the City Engineer. 36. No construction staging or construction activities shall occur in the right-of-way, and no lane or shoulder restrictions shall occur on any adjacent roadways without prior approval by the City Engineer. Easements/Permits/Right-o#--Way 37. Landscaping trees shall be planted in the City right-of-way between the curb and trail along Cedar Grove Parkway, by the developer, In a manner acceptable to the City Forester, and consistent with the other developed areas along Cedar Grove Parkway. 38. The applicant shall enter into an encroachment agreement, in a form acceptable to the City Attorney, for any retaining walls within public easement. 39. All entrance monuments shall be located outside all drainage and utility easements. 40. The applicant shall enter into a participation agreement with the City for maintenance of the trails adjacent to the site, in a form acceptable to the City Attorney. 41. The applicant shall provide a landscape easement, and enter into a landscape agreement, in a form acceptable to the City Attorney, for the rehabilitation and maintenance of the landscaping and monument at the intersection of Nicols Road and Cedar Grove Parkway. Parks and Recreation 42. Park dedication shall be satisfied through a cash dedication. The cash park dedication for proposed Lot 1 will be payable at the time of final plat at the rates then In effect. The cash dedication for proposed Lot 2 will be payable at the time of building permit at the rates then In effect. 43. Trail dedication for proposed Lot 1 shall be fulfilled through construction of adjacent trails as shown on the development plans. 44. Future development of proposed Lot 2 shall be subject to cash dedication at the time of development at the rates then In effect. 91 x C EXHIBIT B III t�`.� r'�1: •' �� 1R gillBw al E> gP P P N f Y N r ill lei -W g 9 q �� � � n. �€ �� K• :1}i1 Y -gig ,,' -'I !` �� + `i'yi 4'44. � �4 9 4 � � 0 q 4 Ali A ' ►j I I;, I A JA .�. I j,� _��� III (�' I e 8e P � F � I I I ..,r.XEVA7� '� ti f i:.,'�CI .� • � . x ;. � u, 1� � � Il Ra g d1 'A• Xl'L I g 1 h,� pill I @ �a aaa a aaa� a@ � r ow l �IL'1 i v � .. .A JR. cz jjiei la I511�. I. Iw IR R 4 � top_ IiIjII; Cr� 1 .1tl;. I I rd%i .,L" �"t-,.F � _ .. � _ �� � ;'•ill I I — -- ; -4 :.��—'.b'7Tui'F rP�.rr--'fe.s•aerox• �;R'I,. I t IVER VALLEY WAY (PUBLICPilo 0 1 1 11 O I5� M1 FINAL SITE PLAN 1 ! N bpn 6 O Z i I P � AFFINITY AT EAGAN I p9 A I 110 1 I V 4042NICOLEROAD, EAGAN,MNNESOTA66122 O q f g INLAND GROUP INC. 1j �� R 120 WEST OATALOO AVE.. SMITE 100. SPOKANE, V?A 09201 I B I Tc" 41 1 L YL I T d I FINAL BLDG. ELEVATIONS -�Ptem A Or Iq E' . . .. . . . - .� FINAL BUILDING ELEVATIONS ®- — c ^^|■{ # . .,q.. \��\��»} /»2 22l � ��§�A . ^ � o « 2 © �� : � � 4| ■ < �� \ � � ¥ *® � � | I E' . . .. . . . - .� FINAL BUILDING ELEVATIONS ®- — c ^^|■{ # . .,q.. \��\��»} /»2 22l � ��§�A . ^ � o « 2 © �� : � � 4| ■ < �� 9 EXHIBIT D r " FINAL LANDSCAPE PLA AFFINITY AT EAGAN VN 11, oo— ag ►"°� €.4 4042 NICOLS ROAD, EAOAN, MINNFBOTA 56122 E.4 INLAND GROUP, INC. 120 WEST CATALDO AVE, SUITE 100, SPOKANE, WA 09201 ! 81 w CPI, rn M Q All 00 cai jIrn :.. v. z z l A q a vy P ppppG0 It f PF FRF §ePp ear m Ell 01 FINAL LANDS APE PLAN AFFINITY AT EAGAN 2�I gl � gFAlr. hisL 'I..001.8 ROAD. EAWW, MINNESOTA 56122 q� yg tINLAND GROUP, INC. 12PVr=STCATALDOAVE.,SUITEIOO,SPOKANE,WAOMI ki 9� C EXHIBIT E FINAL SITE LIGHTING PLAN m AFFINITY at EAGAN,MN jig s� $ EAQAN, MINNESOTA y' . �I '}r j} IFF 6da ER tg6 3j aa r F i � � 7 • rai'' r a 1 lit HIM lit � 3{�} �Ita}f al� lFl� g� j if:ap�B`ej�iE 4�r [9i� 13 1 � ��1� �� �E 1 �3 i � ! ii3EFi `• i8 I� � ff �� � � i ��€� EFt ° I � , , a:;f gis�8o:las#�I�� #1111,11 3 }I3f��}�f3 r1-1. .r#p 11H. E Hit id�33� 9�# d'p;��1; s i, E38iiii { i ' !a� AFI o € tk�� I. i•.-.-® 7��E � �p��I��fi���► g ail viii a::�fiiv If,6 HIMRI SIt 336xa a ia! pF €IM I�ris il•,k^ 3d� al �31 R R �ai I i 111 da �l €� a ' 3 ;o# r baa IE . x•da . • 1ls$ va ali f II 10a f€ '. FT S1 4 e d d$ #l� E �1 €5I'l► �I d ff r! F I F I ¢ FINAL SITE LIGHTING PLAN m B n € AFFINITY at EAGAN,NIN � I 3to $ }' EAOAN, MINNESOTAI{I F EXHIBIT F I CIVn m1MX mmM ,9pl u—ftM FINAL SIGNAGE PLAN 6: -11611 'PIP 911. �i� E I �,�_ pgi � . 1118 ' PARK AND TRAIL DEDICATION AGREEMENT This Park and Trail Dedication Agreement ("Agreement") is made this _ day of 2017, by and between the City of Eagan, a Minnesota municipal corporation (the "City"), and Affinity at Eagan, LLC, a Washington limited liability company (the "Developer"). (The City and the Developer are hereinafter collectively referred to as the "Parties"). WHEREAS, the Developer has applied to the City for approval of the plat or subdivision known as "Cedar Grove Parkway 5th Addition" located within the City (the "Subdivision"); and WHEREAS, the Developer hasnot yet developed Lot 2, Block 1, Cedar Grove Parkway 5th Addition (the "Property"); and WHEREAS, as a condition of approval of the Subdivision, the City requires the Developer acknowledge that park and trail dedication has not yet been paid for the Property and shall be paid at the time of the issuance of the building permit, at the rates then in effect. 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: PARK AND TRAIL DEDICATION. Park and trail dedication for the Property shall be satisfied through a cash dedication. The cash dedication for the Property shall be payable at the time of the issuance of the building permit for the Property at the rates then in effect. 2. BINDING AGREEMENT. The parties mutually recognize and agree that all terms and conditions of this recordable agreement shall run with the land herein described and shall be binding upon the successors, administrators and assigns of the Developer. Park and Trail Dedication 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 APPROVED AS TO CONTENT: By: City Planner STATE OF MINNESOTA ) ) ss COUNTY OF DAKOTA ) APPROVED AS TO FORM: By: City Attorney On this day of , 2017 before me a Notary Public within and for said County personally appeared Mike Maguire and Christina M. S cipioni to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed in behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public Park and Trail Dedication Agreement Signature Page of Developer Affinity at Eagan, LLC, a Washington limited liability company By: Affinity Eagan Manager, LLC a Washington limited liability company Its: Manager Darin Davidson Its: Manager STATE OF WASHINGTON ) ) ss COUNTY OF SPOKANE ) The foregoing instrument was acknowledged before me this day of , 2017, by Darin Davidson, the Manager of Affinity Eagan Manager, LLC, a Washington limited liability company, on behalf of the limited liability company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 953-8847 (RBB) ASSESSMENT AGREEMENT THIS ASSESSMENT AGREEMENT ("Agreement"), dated as of this day of February, 2017, is by and among the Eagan Economic Development Authority (the "Seller") .and Affinity at Eagan, LLC, a Washington limited liability company (the "Developer"). WITNESSETH WHEREAS; on or before the date hereof the Seller and Developer entered into a Sale and Purchase Agreement dated October 6, 2015 and a First Amendment to Sale and Purchase Agreement dated as of June 9, 2016 (collectively "Purchase Agreement") regarding, among other things, the sale of certain real property located in the City of Eagan, County of Dakota, State of Minnesota, legally defined as follows: Lot 1, Block 1, Cedar Grove Parkway 5th Addition (the "Development Property"). WHEREAS, pursuant to the Purchase Agreement, the Seller and Developer desire to establish a minimum market value for the Development Property and the improvements constructed or to be constructed thereon, pursuant to Minnesota Statutes, Section 469.177, Subdivision 8. WHEREAS, the Seller is an authority, as defined by Minnesota Statutes, Section 469.174, Subdivision 2, that may enter into a written assessment agreement with any person establishing a minimum market value of land. WHEREAS, the Seller and the Assessor for Dakota County, Minnesota (the "Assessor") have reviewed construction plans for the Development Property. NOW, THEREFORE, the parties to this Agreement, in consideration of the promises, covenants and agreements made by each to the other, do hereby agree as follows: 1. The minimum market value which shall be assessed for the Development Property shall be not less than Sixteen Million Two Hundred Eighteen Thousand Seven Hundred -Fifty and 00/100 Dollars ($16,218,750.00) for taxable year payable 2019. 2. This Agreement shall be promptly recorded by the Developer and hereby made apart hereof with the County Recorder of Dakota County, Minnesota. 3. The Assessor has reviewed the plans and specifications for the improvements and the market value previously assigned to the land upon which the improvements are to be constructed, and that the "minimum market value" as set forth above is reasonable. 4. Neither the preamble nor provisions of this Agreement are intended to, or shall they be construed as, modifying the terms of the Agreement between the Seller and the Developer. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. IN WITNESS WHEREOF, the Seller and the Developer have caused this Agreement to be executed in their names and on their behalf all as of the date set forth above. EAGAN ECONOMIC DEVELOPMENT AUTHORITY LM STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) Mike Maguire Its: President David M. Osberg Executive Director The foregoing instrument was acknowledged before me this day of February, 2017, by Mike Maguire and David M. Osberg, the President and Executive Director of the Eagan Economic Development Authority, a public body corporate and politic and a political subdivision of the State of Minnesota, on behalf of the public body and political subdivision. Notary Public 2 AFFINITY AT EAGAN, LLC By: STATE OF p )SS. COUNTY OF } Darin Davidson Its: Manager The foregoing instrument was acknowledged before me this day of February, 2017, by Darin Davidson, the Manager of Affinity at Eagan, LLC, a Washington limited liability company, on behalf of the limited liability company. This instrument was drafted by: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 432-3136 Notary Public 3 LANDSCAPE EASEMENT This Landscape Easement is made this day of , 2017, by and between Affinity at Eagan, LLC, a Washington limited liability company ("Landowner"), and the City of Eagan, a municipal corporation, organized under the laws of the State of Minnesota, (hereinafter referred to as the "City"). WITNESSETH: That the Landowner, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt -and sufficiency of which is hereby acknowledged, does hereby grant and convey unto the City, its successors and assigns, a permanent easement, over, under and across all that part of Lot 2, Block 1, Cedar Grove Parkway 5th Addition, according to the recorded plat thereof, Dakota County, Minnesota, described as follows to -wit: Commencing at the Southeast corner of said Lot 2; thence South 56 degrees 55 minutes 51 seconds west, assumed bearing along the Southeasterly line of said Lot 2, a distance of 122.14 feet to the point of beginning; thence continuing south 56 degrees 55 minutes 51 seconds west 20.47 feet; thence southwesterly, Northwesterly, Northerly 71.01 feet along a tangential curve concave to the North, having a radius of 33.00 feet, a central angle of 123 degrees 17 minutes 43 seconds, and a chord bearing North 61 degrees 25 minutes 20 seconds west; thence North 00 degrees 13 minutes 32 seconds East 28.34 feet; thence South 89 degrees 46 minutes 28 seconds East 18.00 feet; thence South 00 degrees 13 minutes 32 seconds West 36.12 feet; thence north 85 degrees 41 minutes 12 seconds East 42.52 feet; thence South 33 degrees 04 minutes 09 seconds East 14.27 feet to the point of beginning. (the `Basement Area"). See also Exhibit "A" attached hereto and incorporated herein. The grant of the foregoing permanent easement for landscaping purposes includes the right of the City, its contractors, agents and servants to enter upon the premises at all reasonable times to construct, reconstruct, inspect, repair and maintain monuments, landscaping, signage and irrigation within the Easement Area. This Easement grants the City the further right, but not obligation, to enter upon the premises at all reasonable times to remove potential obstructions, such as wood, brush, leaf piles, grass clippings, or other objects that may interfere with the monuments, signage or landscaping. After completion of such construction, maintenance, repair or removal, the City shall restore the premises to the condition in which it was found prior to the commencement of such actions, save only for the necessary removal of potential obstructions. And the Landowner, its successors and assigns, does covenant with the City, its successors and assigns, that it is the landowner of the premises aforesaid and has good right to grant and convey the easement herein to the City. IIN TESTIMONY WHEREOF, the Landowner has caused this easement to be executed as of the day and year first above written. Affinity at Eagan, LLC By: Darin Davidson Its: Manager STATE OF ) ss. COUNTY OF f The foregoing instrument was acknowledged before me this day of 2017, by Darin Davidson, the Manager of Affinity at Eagan, LLC, a Washington limited liability company, on behalf of the limited liability company. Notary Public 2 APPROVED AS TO FORM: City Attorney's Office Dated: Z,f z-1 ( c -1 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)953-8847 (RBB: 206-36717) Easement No. 1315 'IPA M \ +. •�� 4� d � i'i'i' i � � i„i 'a �•.J4�� ��� ' • ctF R-0 0A -;��- � x•123 ti,2 a y ♦ yya � \ � 2��GQ ley �.•� \ []'„y % L v 1 i ENIMIT "A" CEDAR GROVE PARKWAY 5111 ADDITION PRESSURE REDUCING VALVE AGREEMENT This Pressure Reducing Valve Agreement ("Agreement") is made and entered into the day of __ , 2017, by and between the City of Eagan, a municipality of the State of Minnesota, (hereinafter called the City), and the Owner and the Developer identified herein. The term "Developer" as used herein refers to Affinity at Eagan, LLC, a Washington Limited Liability Company. The term "Owner" as used herein refers to Affinity at Eagan, LLC, a Washington Limited Liability Company. WHEREAS, the Developer has applied to the City for approval of the plat or subdivision known as Cedar Grove Parkway 5"' Addition, located within the City; and WHEREAS, the Owner and Developer agree to notify the proposed potential buyers of all lots within Lots 1 and 2, Block 1 Cedar Grove Parkway 5'1' Addition that said lots are in a high water pressure zone and a pressure reducing valve shall be installed in each home or building below the elevation of 875 feet, All costs shall be the responsibility of the owners or future owners of said lots and shall be installed to prevent damage due to high water pressure, NOW, THEREFORE, the City, Owner and Developer agree as follows: 1 I . Recordi. This agreement shall be recorded with the Dakota County Recorder so as to provide notice to the owners of Lots 1 and 2, Block 1 Cedar Grove Parkway 511' Addition. The Owner shall provide and execute any and all documents necessary to implement the recording of this agreement. 2. Notice. The recording of this document shall constitute notice to all owners and future owners of property in the subdivision that Lots 1 and 2, Block 1 Cedar Grove Parkway 5th Addition are in a high water pressure zone and that a pressure reducing valve shall be installed in each home or building below the elevation of 875 feet. All costs shall be the responsibility of the owners or future owners and shall be installed to prevent damage due to high water pressure. 3. Validity. If any portion, section, subsection, sentence, clause, paragraph or phrase of this agreement is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Contract. 4. Binding Agreement. The parties mutually recognize and agree that all terms and conditions of this recordable agreement shall run with the land herein described and shall be binding upon the successors, administrators and assigns of the Owner and Developer referenced in this Agreement. CITY OF EAGAN By: Mike Maguire Its: Mayor Attest: Christina M. Scipioni Its: City Clerk 14 DEVELOPER & OWNER: Affinity at Eagan, LLC, a Minnesota limited liability company By: Darin Davidson Its: Manager STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) On this day of , 2017, before me a Notary Public within and for said County, personally appeared Mike Maguire and Christina M. Scipioni to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public STATE OF WASHINGTON) ) ss. COUNTY OF SPOKANE ) The foregoing instrument was acknowledged before me this day of 2017 by Darin Davidson, the Manager of Affinity Eagan Manager, LLC, a Washington limited liability company, as the sole member of Affinity at Eagan, LLC, a Washington limited liability company, on behalf of the limited liability company. APPROVED AS TO FORM: City Attorney's Office Dated: 2.t0 --e if i Notary Public APPROVED AS TO CONTENT: Public Works Department Dated: THIS INSTRUMENT WAS DRAFTED BY: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Ave., Suite 525 Apple Valley, Minnesota 55124 (952) 432-3136 MGD/lmd (206-36717) 3 DEVELOPMENT CONTRACT BY AND BETWEEN THE CITY OF EAGAN 04 AFFINITY AT EAGAN, LLC FOR THE DEVELOPMENT OF CEDAR GROVE PARKWAY 5T" ADDITION THIS INSTRUMENT WAS DRAFTED BY: DOUGHERTY, MOLENDA, SOLFEST, HILLS & BAUER, P.A. 14985 Glazier Ave. #525 Apple. Valley, Mftmesota 55124 (952) 432-3136 MGD/lmd (206-36717) THIS AGREEMENT, made and entered into the day of 2017, by and between the City of Eagan, a Minnesota municipal corporation, ("City"); and Affinity at Eagan, LLC, a Washington limited liability company, ("Developer"). WHEREAS, the Developer has applied to the City for approval of the plat or subdivision known as Cedar Grove Parkway 50' Addition located within the City; and WHEREAS, the City approved the plat on condition that the Developer enter into this contract and furnish the security required by it; NOW, THEREFORE, the City and Developer agree as follows: SECTION I DEFINITIONS 1.1 Definitions. In this instrument the following terms, when used with initial capital letters, have the following respective meanings unless the context hereof clearly requires otherwise: Architect - Link Wilson, Minnesota License No 21619, whose address is 1301 American Boulevard E., Suite 100, Bloomington, MN 55425, a registered professional architect licensed to practice in the State of Minnesota. City - The City of Eagan, a Minnesota municipal corporation. City Code - The codification of the ordinances of the City of Eagan. Contract - This Agreement and the terms and conditions contained herein. Contract Management Account - Account with the City of Eagan established by the Developer as part of the Development Deposit Agreement to cover inspection and other administrative costs to the City in connection with the improvements to or for the Subdivision to be installed or constructed by Developer. 1 Developer - Affinity at Eagan, LLC, a Washington limited liability company. Whenever the term Developer is used herein, it shall also include the fee owner of the land. Development - The subdivision of the Property and the installation and construction of all Improvements required in order to make the Property suitable for the Developer's intended use, as approved by the City. Development Manager - Robert Ketner whose address is 120 W. Cataldo, Suite 100, Spokane, Washington 99201, and who is hereby authorized by the Developer to address any and all concerns of the City in regard to the Development and is also designated by the Developer to receive any and all notices, official or otherwise, from the City as required by this Contract. Engineer - Matthew R. Pavek of Civil Site Group, Minnesota License No 44263, whose address is 4931 W. 35t" Street, Suite 200, St. Louis Park, MN 55416, a registered professional engineer licensed to practice in the State of Minnesota. Financial Guaranty - Cash collateral and/or letter of credit as approved by the City of Eagan to guarantee compliance with the terms of this Contract. Improvements - Improvements required to make the Property suitable for the Developer's intended purposes, to be done according to the required plans submitted to the City, such improvements to include, but not limited to: grading and drainage; sanitary sewer system; water system; storm sewer; storm water retention ponds; streets; concrete curb and gutter; street signs; street lights; utilities and all related appurtenances; wetland delineation; landscaping; tree preservation; tree loss mitigation; surveying; staking; setting of lot and block monuments, and parkland boundaries, mailbox supports and trails and sidewalks, if applicable. Insurance - Public liability and property damage insurance covering personal injury, including death, and claims 2 for property damage which may arise out of the Developer's work or the work of Developer's subcontractors or by one directly or indirectly employed by any of them. Landscape Architects - Patrick J. Sarver, Minnesota License No. 24904, a registered professional landscape architect licensed to practice in Minnesota. Outlot - A platted lot to be developed for a use which will not involve a building or to be reserved for future replatting before development. Owner - The fee owner of the Property. For purposes of this Agreement, the term "Developer" shall include any and all owners. Plat - The subdivision of the Property into lots and blocks, easements, streets and public right-of-ways as shown on the attached Exhibit "A" and subject to the conditions attached hereto as Exhibit `QB': Permit to Proceed - A written letter issued by the City setting forth that all conditions precedent to Development have been satisfied and that the Developer may proceed with construction of the hnprovements. Property - Land located in the City of Eagan, County of Dakota, State of Minnesota, which is subject to being subdivided by the Developer into the Plat shown on Exhibit "A " attached hereto. Public Improvements - Any type of improvement as defined by Minnesota Statutes §429.011 et al., which will be maintained and owned by the City. Standards - Requisite guidelines adopted by the City of Eagan as amended from time to time, including but not limited to the Master Sanitary Sewer and Water Plans; Storm Sewer Plans; Transportation Plans; Soil Erosion Control Plans; Landscaping Plans; and Engineering Standards' et al; Water Quality Management Plans, on file with the City at City Hall. Subdivision - The separation of property into lots and blocks as approved by the City Council, upon the compliance with (i) all conditions and requirements of applicable regulations and (ii) conditions and requirements upon all which preliminary approval is expressly conditioned.. Surveyor- Dennis B. Olmstead, MN License No. 18425, a registered land surveyor licensed to practice in the State of Minnesota. SECTION II PLAT APPROVAL 2.1 Commencement of Improvements. Within the Plat or Property to be platted, the Developer may not commence Improvements, other than any grading permitted under Section 4.3 of the City Code, until all the following conditions have been satisfied: A) The necessary Financial Guaranty has been received and accepted by the City. B) The City has received evidence that the Plat has been filed with Dakota County. C) The City has issued a Permit to Proceed. 2.2 Insurance. The Developer shall take out or cause to be taken out and maintain, until six (6) months after the City has accepted the Public Improvements, a policy of Insurance with limits for bodily injury and death of not less than $500,000.00 per person and $1,000,000.00 for each occurrence; limits for property damage shall not be less than $500,000.00 for each occurrence; or a combination single limit policy of $1,000,000.00 or more. The Developer shall file with the City a certificate evidencing coverage and naming the City and its officers and agents as additional insured, prior to the City signing the Plat. The certificate shall provide that the City must be given thirty (30) days advance written notice of the modification, amendment or cancellation of the insurance. E 2.3 Phased Development. If the Plat is a phase of a multi -phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until development contracts for such phases are approved by the City. Park dedication, park trail fees, area charges, and charges for lateral benefits referred to in this Contract are not being imposed on Outlots, if any, that are designated for future subdivision into lots and blocks. These charges and others in effect will be calculated and 'unposed when the Outlots are finally platted into lots and blocks, at the rates then in effect. 2.4 Effect of Subdivision Approval. For two years from the date of this Contract, no amendments to the City's Comprehensive Guide Plan or Official Controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the Plat, unless required by state or federal law or agreed to in writing by the City and Developer. Thereafter, to the full extent permitted by state law, the City may require compliance with any amendments to the City's Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. SECTION III DEVELOPMENT PLAN 3.1 Roiuired Plans. The Plat shall be developed in accordance with the following designated plans, which plans form a part of this Contract; however, the plans are not attached to this Contract. The following plans must have been prepared by Developer's Engineer, Architect, Landscape Architects, and/or Surveyor with duly noted certification thereon, and shall have been submitted and approved by the City. If the plans vary from the written terms of this Contract, the written terns shall control. The plans submitted for this Plat are: 61 44263. Plan I - Plat Plan, prepared by: Dennis B. Olmstead, MN License No. 18425. Plan II - Site Plan dated January 17, 2017, prepared by: Matthew R. Pavek, MN License No. Plan III - Grading Plan dated Oct. 4, .2016, prepared by: Matthew R. Pavelc, MN License No. 44263. 44263. Plan IV — Utility Plan dated Oct. 4, 2016, prepared by. Matthew R. Pavek, MN License No. Plan V - Landscaping Plan dated Oct. 4, 2016, prepared by: Patrick J. Sarver, MN License No. 15187. Plan VI - SWPPP and Erosion Control Plan dated Oct. 4, 2016, prepared by. Matthew R. Pavek, MN License No. 44263. Plan VII - Street Lighting Plan dated Oct. 4, 2016, prepared by: Bryan Nemeth, MN License No. 43354. Developer has contracted with Bolton & Menk, Inc. to prepare a Street Light Plan. 3.2 Plan Requirements. All the plans referred to herein as prepared by the Engineer, Architect, Landscape Architect and/or Surveyor must be in conformance with the Standards adopted by the City. Submission of the required plans by the Developer shall act as a representation by the Developer that the plans are designed properly and that the Improvements will properly fimction as designed. 3.3 Permits. It is the responsibility of the Developer to determine and obtain prior to the issuance of the Permit to Proceed all the necessary approvals, pen -nits, and licenses from the City of Eagan; Minnesota Department of Transportation; County Highway Department; appropriate watershed district; Board of Soil and Water Resources; railroads; utility companies; Minnesota 6 Department of Natural Resources; Army Corp of Engineers; Minnesota Pollution Control Agency; Metropolitan Council; Minnesota Department of Health and any other regulatory or jurisdictional agency affected by or having jurisdiction over the Improvements required for this development. Any design requirements of such agencies shall be determined prior to completion and incorporation into the plans and specifications. All costs incurred to obtain said approvals, permits, and licenses and also all fines or penalties levied by any agency due to the failure of the Developer to obtain or comply with the conditions of such approvals, permits, and licenses shall be the sole responsibility of the Developer. The Developer agrees to defend and hold the City harmless from any action initiated by a regulatory agency resulting from any failure of the Developer. The Developer is required to obtain a General Storm Water Permit for Construction Activity from the Minnesota Pollution Control Agency (MPCA). This permit shall remain in full force and effect during the course of development and until the Developer files a Notice of Termination of the permit with the MPCA. The Notice of Termination shall not be filed until all grading and temporary/ permanent erosion control measures required by the MPCA and the City, and set forth in the Grading & Erosion Control Plan. SECTION IV PERFORMANCE OF IMPROVEMENTS 4.1 General. All Improvements to the Property by or on behalf of the Developer shall be done in conformance with this Contract; state statutes and regulations; and the City Code and Standards promulgated thereunder. It is understood and agreed that the failure of the City to promptly take action to enforce this Contract, State Statutes, the City Code and/or Standards will not act as a waiver or release of any rights of the City. 7 4.2 Coiii])letionDates. Improvements required shall be completed no later than the following dates: Should the Developer fail to finish each designated item by the designated date, the Developer shall pay and reimburse the City for all additional costs incurred by the City as a result of such failure. Any extension to the above noted completion dates must be approved by City Council Resolution and shall be conditioned upon updating the Financial Guaranty posted by the Developer to reflect any additional costs. 4.3 Preconstruction of hnyovements Meetin{;. Upon the securing of all Penrnits required in Paragraph 3.3 and the papnent of all escrows and money deposits required by the City, the Developer shall coordinate a preconstruction meeting with the City Staff at a mutually agreeable time at City Hall to include the Development Manager, to review the program for construction of the Improvements and to assure that all required Standards have been satisfied. 4.4 Erosion Control. Before the site is disturbed, and any utility constriction is commenced or building pen -nits are issued, the Erosion Control Plan (Plan VD, shall be implemented by the Developer and inspected by the City. The City or its designated agent may, in their discretion, impose additional reasonable erosion control requirements for maintenance Item: Date: a) Site Grading 11/1/2017 b) Restoration and Soil Stabilization 6/01/2018 c) Right -of -Way Site Survey Pins 8/01/2018 d) Subdivision Lot(s) Corner Pins 8/01/2018 e) Private Utilities (sanitary, water, storm sewer) 11/1/2017 0 Private Driveways/Parking Lots (curb & base) 8/01/2018 g) Trail construction 8/01/2018 h) Eagan Outlets Parkway Striping Modifications 8/01/2018 i) Street Lights 8/01/2018 j) Private Driveways/Parking Lots (wear course) 8/01/2018 k) Landscaping 8/01/2018 Should the Developer fail to finish each designated item by the designated date, the Developer shall pay and reimburse the City for all additional costs incurred by the City as a result of such failure. Any extension to the above noted completion dates must be approved by City Council Resolution and shall be conditioned upon updating the Financial Guaranty posted by the Developer to reflect any additional costs. 4.3 Preconstruction of hnyovements Meetin{;. Upon the securing of all Penrnits required in Paragraph 3.3 and the papnent of all escrows and money deposits required by the City, the Developer shall coordinate a preconstruction meeting with the City Staff at a mutually agreeable time at City Hall to include the Development Manager, to review the program for construction of the Improvements and to assure that all required Standards have been satisfied. 4.4 Erosion Control. Before the site is disturbed, and any utility constriction is commenced or building pen -nits are issued, the Erosion Control Plan (Plan VD, shall be implemented by the Developer and inspected by the City. The City or its designated agent may, in their discretion, impose additional reasonable erosion control requirements for maintenance purposes as identified in the Standards. All areas disturbed by grading, excavation and backfilling operations shall be restored in accordance with the Restoration Plan (Plan VI) within fourteen (14) days after the completion of the work in that area, but no later than the date set forth in Paragraph 4.2. The parties recognize that time is of the essence in controlling' erosion. If the Developer does not comply with the Erosion Control Plan or the supplementary instructions imposed by the City or its designated agent, in conformance with its Standards, the City may take such action as it deems appropriate to control erosion. Except in cases of emergency, the City will notify the Developer three (3) days in advance of any proposed action, but failure of the City to do so will not affect the City's rights or Developer's obligations hereunder. The Developer shall reimburse the City for all related costs the City incurred for such work within ten (10) days of notice by the City of the actual costs paid by the City. The City may draw on the Financial Guaranty to pay all related costs. No Development and related activity shall be allowed, and no building permits will be issued until the Property is in full compliance with the erosion control requirements. Within thirty (30) days after completion of the grading and before the City releases the security, the Developer shall provide the City with an "as constructed" Grading Plan certified by a registered land surveyor or engineer that all ponds, swales, and ditches have been constructed on public easements or land owned by the City. The "as constructed" plan shall include field verified elevations of the following: a) Cross sections of ponds, b) location and elevations along all swales, wetlands, wetland mitigation areas if any, ditches and installed "conservation area" posts, and c) lot corner elevations and house pads. 4.5 Subdivision Lot Corners. Within one (1) year from the date of this Contract, the Developer shall verify by written notice to the City that all Subdivision lot corner pins have been installed. G 4.6 Performance. The Developer shall instruct its Engineer to provide adequate field personnel to assure an acceptable level of quality control. The Engineer must be able to certify to the City that the installed Improvements meet the City Standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and/or civil engineers inspect the work on a fill or part time basis. The Developer, its managers, engineers, contractors and sub -contractors shall follow all instructions received from the City or its designated agents. 4.7 License. The Developer hereby grants the City, its agents, employees, officers, and contractors a license to enter the Property to perform all work and inspections required or permitted to be performed by the City under this Contract in conjunction with the Development. 4.8 Occupancy. No occupancy of any building in said plat shall occur until water and sanitary sewer and storm sewer/drainage facilities and public access with a minimum of gravel base and curb and gutter have been installed, inspected and deemed available for use by the City. The Developer shall be responsible to maintain reasonable access to any occupied building, including street maintenance such as grading, graveling, patching and snow removal and ice control prior to City acceptance of ownership pursuant to Paragraph 5.3. SECTION V INSPECTIONS AND COMPLETION 5.1 Inspection. The City or its designated agent shall periodically inspect the Improvements installed by the Developer, its contractors, sub -contractors or agents. Any inspections made pursuant hereto shall be done for the sole benefit of the City, however, such reports shall be delivered to the Development Manager within a reasonable time following inspection. The Developer hereby waives any right to rely on or to be assured of any approval by 10 reason of any inspection. The Developer, its contractors, and sub -contractors shall follow all reasonable instructions received from the City or its designated agents covered, to allow the City an opportunity to inspect the Improvement work. The Developer shall notify the City Public Works Department at least two (2) full working days prior to the commencement of the site grading operation, laying of utility lines, sub -grade preparation, the laying of gravel base or bituminous surfacing for street construction or any other Improvement work which shall be substantially buried or covered. Should the Developer fail to timely notify the City to allow the City to inspect the work, the City may at the City's option, require the Developer to uncover and/or replace or reconstruct any of the before -mentioned work in such a manner so as to provide the City with an opportunity for inspection. 5.2 Com)letion. Within thirty (30) days after completion of the Improvements, the Developer shall supply the City with a complete set of reproducible As -Built plans in accordance with City Standards. Likewise, the Developer shall give written notice within thirty (30) days of the completion of Improvements; that the Improvements have been completed in accordance with the City Code, Standards and the plan and specifications on file with the City. The City shall then inspect the Improvements and notify the Developer of any Improvements that do not appear to conform to the City Code, Standards and/or the submitted plans and specifications. If Developer's Improvements do not conform to the City Code, Standards and submitted plans and specifications or are later discovered to not conforni, the City shall immediately notify the Development Manager of the need for repair or replacement. The City may, in cases of emergencies, proceed to cure the default by Developer, the Developer hereby waiving any and all rights to notice of default. Any cost incurred by the City to cure the default shall be the financial obligation of the Developer, and shall be paid to the City within ten (10) days of receipt of a bill for such costs. 11 5.3 Ownership and Acceptance of Public Improvements. After satisfactory completion of the Improvements and verification by the City personnel that the work and construction required by this Contract complies with all codes, standards and approved plans, and upon acceptance by the City Council the Public Improvements lying within public easements and right-of-ways shall become City property. 5.4 Clean -urs. The Developer shall clean dirt and debris from streets, storm water conveyance systems, ponds, wetlands and adjoining property that resulted from construction work by the Developer, its agents or assigns. SECTION VI FINANCIAL GUARANTY 6.1 The Amount. The final Subdivision shall not be approved and no work shall be commenced under this Contract until the Developer has deposited with the City a Financial Guaranty in the total amount of One Hundred Forty-two Thousand, One Hundred Fifty-three and No/100 Dollars ($142,153.00) securing the full performance of this Development Contract. The Developer shall fiunish the City with the Financial Guaranty from a bank or lending institution acceptable to the City. The amount of the Financial Guaranty was calculated as follows: A - IMPROVEMENTS Item Amount Street Identification/Traffic Control Signs $ 350 Street Lights $ 42,000 Lot Corners $ 300 Subdivision Monuments $ 2,500 Landscaping $ 34,543 Tree Mitigation $ N/A Erosion Control $ 7,500 Site Grading & Stabilization $ 10,500 Subtotal Development Improvements: $ 971693 12 B - PUBLIC IMPROVEMENTS Item Amount Watermain (Lateral w/ services) $ N/A Sanitary Sewer (Lateral w/ services) $ 3,000 Storm Sewer $ N/A Trails/sidewalks & curb cuts $ 30,000 As Builts $ 1,200 Legal, Financial and Engineering $ 10,260 Subtotal Public Improvements: $ 44,460 TOTAL: $ 142,153 This breakdown is for historical reference only. It is not a restriction on the use of the Financial Guaranty. The bank or financial institution and the form of the Financial Guaranty shall be subject to the approval of the City Finance Director and City Attorney. The bank or financial institution must have a business office for presentment of the Financial Guaranty within the Minnesota seven county Metropolitan Area. The City may draw down the Financial Guaranty to pay for all costs and expenses incurred by the City to enforce this Contract including the costs incurred by the City in connection with the collection of the Financial Guaranty. Such costs to include any remediation or completion of Improvements. If the Financial Guaranty is drawn down, the proceeds shall be used to cure the default and, to the extent possible, reimburse the City its costs and expenses. 6.2 Terms. The Financial Guaranty may be for a stated term provided it is automatically renewable. The City may draw on the Financial Guaranty, without notice, after an Event of Default has occurred under this Contract, which has not been remedied within any applicable cure period or upon receiving notice that the Financial Security will be allowed to lapse. If the required Improvements are not completed at least thirty (30) days prior to the expiration of the Financial Security, the City may also draw down the Financial Security. 13 6.3 Claims, In the event that the City receives claims from subcontractors or materiahnen that work required by this Contract has been performed and money due them have not been paid, and the subcontractor or materialmen are seeking payment out of the Financial Guaranty posted with the City, and the Developer does not otherwise bond around the claim(s) to the satisfaction of the City Attorney, the Developer hereby authorizes the City, at the City's discretion, to commence an Interpleader action pursuant to Rule 22 of the Minnesota Rules of Civil Procedure for the District courts at the Developer's expense, to include court costs and attorney fees. The Developer fittther authorizes the City to draw upon the Financial Guaranty in the amount of one hundred twenty-five percent (125%) of the claim together with attorneys' fees and court costs, and to deposit the funds in compliance with the Rule. Upon such deposit, the Developer shall release, discharge and dismiss the City from any fiuther proceedings as it pertains to the funds deposited with the District Court, except that the Court shall retain jurisdiction to determine the amount of attorneys' fees, costs and expenses owed to the City pursuant to this Contract. 6.4 Contract_ Manan ement _ Account. The payment of all sums due hereunder is in addition to the sum of Six Thousand Eight Hundred Forty and No/100 ($6,840.00) paid or to be paid by Developer as a contract management fee as identified in the Escrow Deposit Agreement signed by Developer. SECTION VII PARK AND TRAIL DEDICATION 7.1 Park Dedications, The Developer shall pay a cash contribution of Six Hundred Four Thousand Six Hundred Fifty and No/100 Dollars ($604,650.00) in satisfaction of the City's park dedication requirements for Lot 1 as provided for by the City Code. The charge is calculated as follows: 14 174 multi -family dwelling units at Three Thousand Four Hundred Seventy-five and No/100 Dollars ($3,475.00) per lot. The contribution Lot 2 shall be paid with the issuance of building pennit(s), at the rates then in effect in accordance with the agreement attached hereto as Exhibit "C". 7.2 Trail Dedication. Trail dedication for Lot 1 shall be fulfilled through construction of adjacent trails as shown on the development plans. The trail dedication for Lot 2 shall be fulfilled through cash contribution payable with the issuance of building permit(s), at the rates then in effect in accordance with the agreement attached hereto as Exhibit "C" 7.3 Water Quality. Pursuant to the City's Water Quality Management Plan, Pond AP -52 was modified as part of the City's public improvement project for Cedar Grove Boulevard — Phase II, Project No. 1088, and provides storm water management per City standards for the Cedar Grove Redevelopment area including the Property. 7.4 Use of Park Propercy. The Developer is prohibited from storing heavy construction equipment upon dedicated park land or trailways 'Furthermore, the Developer shall notify the Parks and Recreation Department within seventy-two (72) hours of the completion of the establishment of all property line monumentations adjacent to dedicated or existing park land to allow the City the opportunity to identify the park boundary lines. Failure to notify the City within this time period or to perfonn this lot corner monumentation prior to building permit issuance for lots adjacent to the park land will obligate the Developer to pay for any surveying costs incurred by the City to establish these boundaries. SECTION VIII WARRANTY 8.1 Desi Material and Workmansh�i Unless a longer warranty period is provided by Minnesota law, the Developer warrants all Improvements required to be performed by Developer, 15 its agents and employees, against poor design, engineering, materials and faulty workmanship for a period of two (2) years after acceptance by the City (pursuant to Paragraph 5.3 hereof). Developers shall provide a warranty bond(s), in an amount equal to fifty (501/o) percent of the Public Improvements as identified in Paragraph 6, 1, for a two (2) year period commencing upon the City's acceptance of the Public Improvements. The Developer shall be solely responsible for the cost and expense to perform all required repair work to City Standards within thirty (30) days of written notification by the City. SECTION IX RESPONSIBILITY FOR COSTS 9.1 Development of Subdivision. Developer shall pay all costs incurred by Developer, its agents and contractors, or the City in conjunction with the Development, including but not limited to: legal; planning; engineering and inspection expenses; permits; the cost of persons doing work or f miishing skills, tools, machinery or materials; costs of easements, if applicable; the cost of surveys and compliance tests, including enviromnental assessments and/or environmental impact statements, indirect source permit and traffic studies, if required; and inspecting and correcting deficiencies within the development of the Plat. 9.2 Hold Harmless. The Developer shall hold the City and the City's officers, employees, and agents harmless from claims made by Developer and third parties for damages sustained or costs incurred resulting from the Development and/or the breach of this Contract. The Developer shall indemnify the City and the City's officers, employees, and agents against all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. 16 9.3 Reimbursement. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees, court costs, expert witness fees and administrative expenses. Moreover, the Developer shall pay in full all bills submitted to it by the City, for obligations incurred under this Contract, within thirty (30) days of receipt. If the bills are not paid on time, the city may halt construction of the Improvements until the bills are paid in fall. Bills not paid within thirty (30) days shall accrue interest at the rate of eight (8%) percent per year. 9.4 Additional. Charges. In addition to the charges referred to herein, other charges may be imposed such as but not limited to, sewer availability charges, City water connection charges, water availability charges, City sewer connection charges and building permit fees. 9.5 Waiver. On behalf of itself and all the successors and assigns having an interest in the Property, the Developer waives all rights it may have now or in the future to repayment or reimbursement of any fees or charges paid to the City, which is identified in this Contract. SECTION X EVENT OF DEFAULT 10.1 Occurrence. Each of the following occurrences shall constitute an event of default under this Contract. a) Developer shall fail to perform any of the terms or conditions to be kept or performed by Developer under this Contract. b) Developer shall fail to perform any of the terns or conditions to be kept or performed by Developer under the City Code and/or City Standards. 17 c) Developer shall fail to perform any of the terms or conditions to be kept or performed by Developer under any license, permit or approval required by any regulatory or jurisdictional agency affecting the Plat, d) Developer shall fail to perform any required curative or remedial action pursuant to a notification of the need for such action by the City of any other regulatory or jurisdictional agency affected by or having jurisdiction over the Plat, within thirty (3 0) days of such notification, unless otherwise provided for in this Contract. e) Failure by the Developer to pay when due any and all costs associated with the Development, including but not limited to any fees and costs incurred by the City, engineering, administrative and legal expenses. f) Failure of the Developer to maintain the required Financial Guaranty or other required security with the City. g) Failure by the bank or financial institution that issued the Financial Guaranty to pay on demand by the City. SECTION XI REMEDIES 11.1 Performance b)� the Cite, in the event of a default by the Developer, the City may, at the City's option, perform the work in default and the Developer shall promptly reimburse the City for any expense incurred by the City. Except in emergency situations, the City shall endeavor to give the Developer notice of default forty-eight (48) hours prior to the City performing curative work. 11.2 Assessment. When the City does any work as a result of the Developer's default or upon failure of the Developer to make payment upon billing when due, the City may proceed to assess the costs in whole or in part against the Property, or may proceed to collect on the Financial Guaranty. It is expressly agreed and understood herein, that this Developer waives any notice of hearing and any rights to objection to the assessments so levied by the City. 11.3 Revocation of Permit to Proceed. In the event of a default, the City may issue a stop work order to Developer, its agents, contractors, or sub -contractors to cease all or any work being performed on the Property. Such stop work order may include the ceasing of the construction of any Improvements on the Property. 11.4 EmergencX. In the event of an emergency, the forty-eight (48) hour notice provision shall be and hereby is waived in its entirety by the Developer and the Developer shall reimburse the City upon being billed thereof for any expenses so incurred by the City in the same manner as if mailed notice as described hereinbefore had been given. 11.5 Cumulative Rights and Non -Waiver. The rights and remedies available to the City shall be cumulative and the enforcement by the City of one right shall not act as waiver of any other right available to the City. 11.6 Denial of Buildin.17, Permits. An event of default shall be grounds for denial or revocation of building permits, including permits issued in connection with lots sold to third parties. SECTION XII RELEASE OF FINANCIAL SECURITY 12.1 General. Periodically upon Developer's written request and upon completion and verification of satisfactory compliance or final approval by the City (per Paragraph 5.3 of this Agreement) of any installed Improvements, or the payment of special assessments levied in connection with the Public Improvements, a like percentage of that portion of the Financial Guaranty covering those specific Improvements or Public Improvements shall be released; except 19 however the final twenty percent (20%) of the Financial Guaranty shall be held until a final acceptance (by the City) of all required Improvements or Public Improvements. Upon the issuance of a certificate of occupancy for a building in the Subdivision, the Developer upon written request may obtain a release of the Financial Guaranty which is equal to the assessments (levied or pending) which are charged against the lot, as a result of the Public linprovements. At the time of final Inspection of all Improvements, if it is determined by the City that the submitted plans and specifications were not strictly adhered to or that work was done without City inspection, the City may require that the Developer post a cash escrow equal to one hundred twenty-five percent (125%) of the estimated amount necessary to correct the deficiency or to protect against deficiencies arising therefrom. Such additional cash escrow shall remain in force for such time as the City deems necessary, not to exceed five (5) years. SECTION XIII RELEASE OF DEVELOPER LIABILITY 13.1 Release. Upon submittal by Developer of the required As -Built Plans for each Plan identified in Paragraph 3. 1, and upon satisfactory determination of completion of the Improvements pursuant to Paragraph 5.2 and payment of all costs owed to the City, the Developer may apply in writing for a release of its obligations under this Contract, save and except for those imposed pursuant to Paragraphs 8.1 and 9.2. The City Council, after review by the City personnel, may authorize the release of the Developer from its obligations under this Contract by appropriate resolution. 20 SECTION XIV MISCELLANEOUS 14.1 Compliance. The Developer represents to the City that the Plat complies with all City, county, metropolitan, state and federal laws and regulations including, but not limited to: Subdivision ordinances; zoning ordinances; and envirom-nental regulations. 14.2 Authorization. By the execution hereof, the Developer represents and warrants that it has all the authorization and power necessary to make this Contract binding upon itself, its heirs, successors and assigns. 14.3 Third Parties. Third parties shall have no recourse against the City under this Contract. 14.4 Invalidity. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Contract is for reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. 14.5 Run with the Land. This Contract shall run with the land and may be recorded against the title to the Property. By the execution of this Agreement, the Developer for itself, its successors and assigns, acknowledges that the property shall be affected by the terms and conditions contained herein. 14.6 Non -assignability. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire Property or any part of it. 14.7 Pressure Reducin=g Valve Requirements. The Owner and Developer understand and agree that both lots in the Cedar Grove Parkway 5"' Addition are in a high water pressure zone area. A pressure reducing valve shall be installed in each new home or building below the 875 foot 21 elevation at the Owner and Developer's expense to prevent any damage to the water system because of high water pressure. The Owner and Developer shall so inform all potential and prospective buyers of Lots 1 and 2, Block 1, Cedar Grove Parkway 5"' Addition of this Agreement attached as Exhibit "D." SECTION XV NOTICES 15.1 General. All notices, consents, demands and requests which may be or are required to be given by either party of the other, shall be in writing and sent by United States registered mail or hand delivered. The addresses of each party may be changed at any time or from time to time by notice given by said party to the other party. 15.2 If to City, mail to the City of Eagan, 3830 Pilot Knob Road, P.O. Box 21199, Eagan, Minnesota 55121, Attention: City Administrator, 15.3 If to Developer, mail to the Development Manager. IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF EAGAN: By: Mike Maguire Its: Mayor Attest: Christina M. Scipioni Its: City Clerk (SEAL) 22 DEVELOPER: Affinity At Eagan, LLC By: Darin Davidson Its: Manager DEVELOPMENT CONTRACT APPROVED AS TO FORM: 2J By: Eagan City Attorney Date:—, __ z11(t STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) APPROVED AS TO CONTENT: By: Community Development Dept, Date: On this day of , 2017, before me a Notary Public within and for said County, personally appeared Mike Maguire and Christina M. Scipioni, to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public STATE OF WASHINGTON) ) ss. COUNTY OF SPOKANE ) The foregoing instrument was acknowledged before me this day of , 2017 by Darin Davidson, the Manager of Affinity Eagan Manager, LLC, a Washington limited liability company, as the sole member of Affinity at Eagan, LLC, a Washington limited liability company, on behalf of the limited liability company. Notary Public 23 Z 0 a 0 Q cc Q 9 W 0 cc U cc .Q 0 w U 91 1 i BXEIMrr °A" e I _I. r 1711 i1i�.�.l� q EXHIBIT B Standard Conditions 1. The applicant shall comply with these standards conditions of plat approval as adopted by Council on July 1, 2014: Al, B1, C1, C2, C4, E1, F1, G1. 2. The property shall be platted. Airport Noise 3. Within the one -mile Buffer of Airport Noise Policy Zone 4, a minimum 19 dBa reduction in interior noise levels shall be required for new residential construction, to be provided at the time of application for Building Permit. Lighting 4. Pole mounted light fixtures shall be not more than 20 feet high. 5. All site lighting shall be downcast and shielded. 6. Public street lights shall be installed, by the developer, along all adjacent public roadways, with locations consistent with the existing street lighting on the other sides of the streets. Building Materials/Architecture 7. The stucco siding shall be integrally colored, and more than one complementary color utilized to provide horizontal and vertical relief. 8. Painted concrete is not an acceptable material. The exterior materials shall be revised to provide the stucco finish in place of the painted concrete on the lower levels. 9. Final Building Elevations at the time of Final Planned Development shall include a data table showing the percentage of primary and secondary materials to demonstrate compliance with the City Code standards. 10. A materials palette shall be provided with the Final Planned Development identifying the specific products and color selections for different materials. 11. The building shall provide consistent interior window treatments for windows that are visible from a public street or open space. 12. Individual entrances for each unit at street level shall be incorporated into the design of the future townhome development on Lot 2. Signage 13. The monument sign shall be constructed of masonry materials to match the principal building. A detailed sign plan shall be provided at the time of Final Planned Development demonstrating consistency with City Code standards. 14. The monument sign shall be relocated to achieve the minimum 10' setback and avoid placement within the easement. 15. Any future building signage shall be subject to City Code standards. 16. Building address numbers shall be installed consistent with the provisions of Section 2.78 of City Code. Mechanical Equipment/Trash Storage 17. Trash storage shall be located within the garage building's garage area. 1 Landscaping 18. The Final Landscape Plan shall be revised to increase the number of trees to provide the required 1 tree /500 s.f. ratio. The Landscape Plan graphic and schedule shall be reconciled to match. Proposed plant materials shall utilize more evergreen plantings. 19. The Final Landscape Plan shall provide for landscaping around the base of the monument sign. Grading/Topography/Erosion Control 20. The grading plan shall be modified so no slopes exceed 3:1. 21. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and codes prior to final subdivision approval. 22. All erosion/ sediment control plans submitted for development and grading permits shall be prepared by a designer who has received current Minnesota Department of Transportation (MNDOT) training, or approved equal training as determined by the City Engineer in designing stormwater pollution prevention plans. 23. All personnel responsible for the construction and management of erosion/ sediment control devices, and the establishment of vegetation for the development, shall have received Erosion/Sediment Control site management certification through the University of Minnesota, or approved equal training as determined by the City Engineer. 24. Erosion control measures shall be installed and maintained in accordance with City code and engineering standards. 25. All public and private streets, drainage systems, and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines, and policies. Utilities 26. This development shall provide hydrant spacing and locations in accordance with City Fire Department and Public Works standards. 27. Fiber To The Premise Conditions: A. The applicant shall install two vaults (at their expense), one on the north side of the property along the ROW on Eagan Outlets Parkway and one on the south side of the property along the ROW on Cedar Grove Parkway. The vault size shall be at least 48"06"00". From each vault, the applicant shall install a minimum of 2-4" conduits with minimal or long sweeping bends that runs to the buildings MDF (Main Distribution Frame) closet. B. From the buildings MDF closet, the applicant shall install a minimum of 24" conduits with minimal or long sweeping bends to all other IN (Intermediate Distribution Frame) closets throughout the building. C. In all units within the development, the applicant shall install at least a 1gbps Ethernet (Cat5e/Cat6 or fiber optic) connection to all livable spaces (i.e. kitchen, bedrooms and living room) that terminates in the LDF/MDF closet. D. The applicant shall submit a detailed low -voltage and/or electrical plan as part of its building permit, in a form acceptable to staff, depicting compliance with condition C above. Prior to receiving the final Certificate of occupancy, the applicant shall submit a certification to City staff that the low -voltage and/or electrical plan was built as designed and in compliance with condition C above. 2 E. The applicant must select a service provider to install and provide fiber optic cabling into the MDF for high speed communication services with either AccessEagan or another provider. If AccessEagan is selected, the applicant shall enter into a service agreement in a form acceptable to the City Attorney. 28. The restoration of any streets and/or boulevards damaged during construction activities shall be restored in a manner acceptable to the City Engineer. Streets/Access/Pedestrian Circulation 29. The developer shall perform turn lane and striping modifications on Eagan Outlets Parkway to accommodate the parking lot access location, in a manner acceptable to the City Engineer. 30. The developer shall extend the public trail along Cedar Grove Parkway, and sidewalk along River Valley Way, in a manner acceptable to the City Engineer. 31. The existing access to Nicols Road shall be removed and restored by the developer, in a manner acceptable to the City Engineer, 32. The applicant shall enter into a participation agreement with the City, in a form acceptable to the City Attorney, for maintenance of the trails adjacent to the site. 33. No construction equipment or vehicles shall use the parking garage during development of this site. 34. All perimeter construction fencing shall be installed a minimum of 5' behind the curb, or behind the trail/sidewalk if one is present. 35. All existing trails/sidewalks shall remain fully open to pedestrian traffic throughout construction, and any damage to those facilities shall be the responsibility of the development to repair and/or replace in a manner acceptable to the City Engineer. 36. No construction staging or construction activities shall occur in the right-of-way, and no lane or shoulder restrictions shall occur on any adjacent roadways without prior approval by the City Engineer. Ease ments/Pe rmits/Right-of-Way 37. Landscaping trees shall be planted in the City right-of-way between the curb and trail along Cedar Grove Parkway, by the developer, in a manner acceptable to the City Forester, and consistent with the other developed areas along Cedar Grove Parkway. 38. The applicant shall enter into an encroachment agreement, in a form acceptable to the City Attorney, for any retaining walls within public easement. 39. All entrance monuments shall be located outside all drainage and utility easements. 40. The applicant shall enter into a participation agreement with the City for maintenance of the trails adjacent to the site, in a form acceptable to the City Attorney. 41. The applicant shall provide a landscape easement, and enter into a landscape agreement, in a form acceptable to the City Attorney, for the rehabilltation and maintenance of the landscaping and monument at the intersection of Nicols Road and Cedar Grove Parkway. Parks and Recreation 42. Park dedication shall be satisfied through a cash dedication. The cash park dedication for proposed Lot 1 will be payable at the time of final plat at the rates then in effect. The cash dedication for proposed Lot 2 will be payable at the time of building permit at the rates then in effect. 3 43. Trail dedication for proposed Lot 1 shall be fulfilled through construction of adjacent trails as shown on the development plans. 44. Future development of proposed Lot 2 shall be subject to cash dedication at the time of development at the rates then in effect. M EXHIBIT "C" PARK AND TRAIL DEDICATION AGREEMENT This Park and Trail Dedication Agreement ("Agreement") is made this _ day of , 2017, by and between the City of Eagan, a Minnesota municipal corporation (the "City'), and Affinity at Eagan, LLC, a Washington limited liability company (the "Developer"). (The City and the Developer are hereinafter collectively referred to as the "Parties"), WHEREAS, the Developer has applied to the City for approval of the plat or subdivision known as "Cedar Grove Parkway 5th Addition" located within the City (the "Subdivision"); and WHEREAS, the Developer has not yet developed Lot 2, Block 1, Cedar Grove Parkway 5th Addition (the "Property"); and WHEREAS, as a condition of approval of the Subdivision, the City requires the Developer acknowledge that park and trail dedication has not yet been paid for the Property and shall be paid at the time of the issuance of the building permit, at the rates then in effect. 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. PARK AND TRAIL DEDICATION. Park and trail dedication for the Property shall be satisfied through a cash dedication. The cash dedication for the Property shall be payable at the time of the issuance of the building permit for the Property at the rates then in effect. 2, BINDING AGREEMENT. The parties mutually recognize and agree that all terms and conditions of this recordable agreement shall run with the land herein described and shall be binding upon the successors, administrators and assigns of the Developer. Park and Trail Dedication Agreement Signature Page of City of Eagan ITY OF EAGAN a �. innesota municipal corporation by: milce Its: M By: Christina M. Its: Clerk APPROVED AS TO CONTENT: AP12�-,OVED AS TO FORM: By: City Planner/' By: City Attorney STATE OF MINNESOTA { ) ss COUNTY OF DAKOT ) On this Z day of _ ? 17 before me a Notary Public within and for said Countypt nally appeared Mike Maguire and C I I stina M. Scipioni to me personally known, who beinMagian, by me duly sworn, each did say that the are respectively the Mayor and Clerk of the City the municipality named in the foregoing\sa iunent, and that the seal affixed in behalf said municipality by authority of its City Co;1and said Mayor and City Clerk ackrw pledged said instrument to be the free act and deed omunicipality. Notary Public Park and Trail Dedication Agreement Signature Page of Developer A�ffi`ity at Eagan, LLC, a Wa4,ilington limited liability company By: Affini y Eagan Manager, LLC a WashinNt)n limited liability company Its: Manager Lo Darin Davidson Its: Manager STATE OF WASHINGTON ) ) ss COUNTY OF SPOKANE ) , The foregoing instrume was acknoi edged before me this__ _ day of , 2017, by D' 'n Davidson, the \ Tager of Affinity Eagan Manager, LLC, a Washington limited liability c mpany, on behalf of the l hq�ited liability company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952)953-8847 (RBB) EXFIIBIT "D" CEDAR GROVE PARKWAY 5th ADDITION PRESSURE REDUCING VALVE AGREEMENT This Pressure Reducing Valve Agreement ("Agreement") is made and entered into the day of 2017, by and between the City of Eagan, a municipality of the State of Minnesota, (hereinafter called the City), and the Owner and the Developer identified herein. The term "Developer" as used herein refers to Affinity at Eagan, LLC, a Washington Limited Liability Company. The term "Owner" as used herein refers to Affinity at Eagan, LLC, a Washington Limited Liability Company. WHEREAS, the Developer has applied to the City for approval of the plat or subdivision known as Cedar Grove Parkway 5 1 Addition, located within the City; and WHEREAS, the Owner and Developer agree to notify the proposed potential buyers of all lots within Lots 1 and 2, Block 1 Cedar Grove Parkway 5�h Addition that said lots are in a high water pressure zone and a pressure reducing valve shall be installed in each home or building below the elevation of 875 feet. All costs shall be the responsibility of the owners or future owners of said lots and shall be installed to prevent damage due to high water pressure. NOW, THEREFORE, the City, Owner and Developer agree as follows: 1 1. Recording. T13is agreement shall be recorded with the Dakota County Recorder so as to provide notice to the owners of Lots 1 and 2, Block 1 Cedar Grove Parkway 5th Addition. The Owner shall provide and execute any and all documents necessary to implement the recording of this agreement. 2. Notice. The recording of this document shall constitute notice to all owners and future owners of property in the subdivision that Lots 1 and 2, Block 1 Cedar Grove Parkway 5th Addition are in a high water pressure zone and that a pressure reducing valve shall be installed in each home or building below the elevation of 875 feet. All costs shall be the responsibility of the owners or future owners and shall be installed to prevent damage due to high water pressure. 3. Validity. If any portion, section, subsection, sentence, clause, paragraph or phrase of this agreement is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Contract. 4. Binding Agreement. The parties mutually recognize and agree that all terms and conditions of this recordable agreement shall run with the land herein described and shall be binding upon the successors, administrators and assigns of the Owner and Developer referenced in this Agreement. CITY O GAN DEVELOP OWNER: Affinil�, 1 EEagan, LLC, a Minnesota ]i.tTrift`ed liability company By: Mike Maguire Its: Mayor Attest: Cl Its: City S cipioni 2 By: Darin Davidson Its: Manager STATE OF MINNESOTA) ) ss. 6QUNTY OF DAKOTA ) On this day of , 2017, before me a Notary Public within and for said Coiltity, personally appeared Mike Maguire and Christina M. Scipioni to me per pally known, who being c ach by me duly sworn, each did say that they are respectively the or and Clerk of the City of 2-agan, the municipality named in the foregoing instrument, and th the seal affixed on behalf of sai municipality by authority of its City Council and said ayor and City Clerk acknowledged sa-' l instrument to be the free act and deed of said municip ity. STATE OF WASHINGTON COUNTY OF SPOKANE ) The foregoing instrument waX- 2017 by Darin Davidson, the Manage liability company, as the sole member company, on behalf of the limited liab APPROVED AS TO City A Dated: THISSTRUMENT WAS DRAFTED BY: Doyigherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Ave., Suite 525 Apple Valley, Minnesota 55124 (952) 432-3136 MGD/Ind (206-36717) 3 Notary ;ed before me this day of , Eagan Manager, LLC, a Washington limited at Eagan, LLC, a Washington limited liability Public OVED AS TO CONTENT: Public Works I" Dated: LANDSCAPE EASEMENT This Landscape Easement is made this _ day of _, 2017, by and between Affinity of Eagan, LLC, a Washington limited liability company, ("Landowner"), and the City of Eagan, a municipal corporation, organized under the laws of the State of Minnesota, (hereinafter referred to as the "City"). WITNESSETH: That the Landowner, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant and convey unto the City, its successors and assigns, a permanent easement, over, under and across all that part of Lot 2, Block 1, Cedar Grove Parkway 5th Addition, according to the recorded plat thereof, Dakota County, Minnesota, described as follows to -wit: Commencing at the southeast corner of said Lot 2; thence north 00 degrees 13 minutes 32 seconds east, assumed bearing along the easterly line of said Lot 2, a distance of 315.07 feet to the northeast corner of said Lot 2; thence southwesterly 105.22 feet along a curve, not tangent to said northeast corner, said curve being concave to the northwest and having a radius of 256.67 feet, a central angle of 23 degrees 29 minutes 18 seconds and a chord which bears south 74 degrees 02 minutes 53 seconds west to the point of beginning; thence south 33 degrees 31 minutes 13 seconds west 15.28 feet; thence north 89 degrees 45 minutes 52 seconds west 28.66 feet; thence south 00 degrees 13 minutes 32 seconds west 21.69 feet; thence north 89 degrees 46 minutes 28 seconds west 18.00 feet to the westerly line of said Lot 2; thence north 00 degrees 13 minutes 32 seconds east along said westerly line 29.93 feet; thence north 49 degrees 25 minutes 18 seconds east 25.48 feet; thence south 89 degrees 45 minutes 52 seconds east 30.80 feet; thence easterly 19.91 feet along a tangential curve concave to the north, said curve having a radius of 256.67 feet and a central angle of 04 degrees 26 minutes 36 seconds to the point of beginning (the "Easement Area"). See also Exhibit "A" attached hereto and incorporated herein. The City agrees to landscape and maintain the Easement Area in accordance with City standards, as determined by the City. The grant of the foregoing Landscape Easement includes the right of the City, its contractors, agents and servants to enter upon the premises at all reasonable times to construct, reconstruct, inspect, repair and maintain monuments, landscaping, signage and irrigation within the Easement Area. This Landscape Easement grants the City the further right, but not obligation, to enter upon the premises at all reasonable times to remove potential obstructions, such as wood, brush, leaf piles, grass clippings, or other objects that may interfere with the monuments, signage or landscaping. After completion of such construction, maintenance, repair or removal, the City shall restore the premises to the condition in which it was found prior to the commencement of such actions, save only for the necessary removal of potential obstructions. And the Landowner, its successors and assigns, does covenant with the City, its successors and assigns, that it is the landowner of the premises aforesaid and has good right to grant and convey the easement herein to the City. TIN TESTIMONY WHEREOF, the Landowner has caused this easement to be executed as of the day and year first above written. Affinity at Eagan, LLC By: Affinity Eagan Manager, LLC By: Darin Davidson Its: Manager STATE OF WASHINGTON) ) ss. COUNTY OF SPOKANE ) The foregoing instrument was acknowledged before me this day of 2017, by Darin Davidson, the Manager of Affinity Eagan Manager, LLC, a Washington limited liability company, on behalf of the limited liability company. Notary Public 2 APPROVED AS TO FORM: City Attorney's Office Dated: aY { 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) 953-8847 (RBB: 206-36717/Easement No. 1323) Bl1i7J.Ul1 "All 1, ENCROACHMENT AGREEMENT This Encroachment Agreement ("Agreement") is made as of the day of , 2017, by and between the City of Eagan, a Minnesota municipal corporation, (the "City") and Affinity at Eagan, LLC, a Washington limited liability company, (the "Owner"). The City and Owner are sometimes hereinafter referred to as the "Parties." WHEREAS, the Owner is the fee title holder of real property legally described as follows: Lot 2, Block 1, Cedar Grove Parkway 5th Addition, according to the recorded plat thereof, Dakota County, Minnesota (the "Property"); and WHEREAS, the City is the holder of a drainage and utility easement over, under and across certain portions of the Property as depicted on the plat of Cedar Grove Parkway 51h Addition (the "Easement"); and WHEREAS, the Owner desires to construct a retaining wall on the property (the "Improvement"); and WHEREAS, in connection with the construction of the Improvement, it is necessary for the Owner to encroach within the Easement in the area depicted on Exhibit "A;" and WHEREAS, the City is willing to allow Owner to encroach within the Easement all upon the terms and conditions contained herein: NOW, THEREFORE, the Parties hereto agree as follows: 1. ENCROACHMENT. The City hereby authorizes the Owner construct, maintain and repair the Improvement within the Easement. 2. No WAIVER. Nothing in this Agreement shall be deemed a waiver or abandonment of the City's rights in the Easement. 3. Com. The Owner shall be responsible for all costs relating to the construction, maintenance and repair of the Improvements. 4. ASSUMPTION OF RISK. Owner acknowledges that the future maintenance, repairs and/or replacement of the retaining wall within the -Easement could possibly damage the Improvement. By entering into this Agreement, Owner assumes the risk of any and all damage to the Improvement that may result from any work performed by the City and/or its agents within the Easement. Notwithstanding, the City shall be responsible for any damage to the Improvement caused by the willful misconduct of the City and/or its agents. 5. DEFAULT. If the Owner fails to take any action required in connection with this Agreement, the City will provide a written notice of default to the Owner giving Owner a 30 -day cure period. Notice need not be given in the event emergency repairs are needed. After the 30 -day cure period, the City may take action and bill the Owner for the costs thereof. If the Owner fails to reimburse the City for the costs thereof within ten (10) days after receipt of the bill, the City may take any action permitted by law to collect the amount owed plus the costs of collection, including, but not limited to attorneys' fees. 6. NoTicEs. All written communications shall be directed to Paragon at: If to the City: City of Eagan Attn: City Administrator 3830 Pilot Knob Road P.O. Box 21199 Eagan, Minnesota 55121 With a copy to: Dougherty, Molenda, Solfest Hills & Bauer P.A. Attn: Robert B. Bauer 14985 Glazier Avenue, Suite 525 Apple Valley, Minnesota 55124 If to the Owner: Affinity at Eagan, LLC Attn: Scott Morris 120 West Catado, Suite 100 Spokane, WA 99201 7. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or phrase of this agreement is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Contract. 2 8. BINDING AGREEMENT. The parties mutually recognize and agree that all terms and conditions of this recordable agreement shall run with the land herein described and shall be binding upon the successors and assigns of the parties hereto. [SIGNATURE PAGES TO FOLLOW.] Encroachment Agreement Signature Page for the City CITY OF EAGAN a Minnesota municipal corporation By: Mike Maguire Its: Mayor By: Christina M. Scipioni Its: Deputy Clerk APPROVED AS TO CONTENT: By: City Planner STATE OF MINNESOTA ) ) ss COUNTY OF DAKOTA ) APPROVED AS TO FORM: By: City Attorney On this day of __ 2017 before me a Notary Public within and for said County personally appeared Mike Maguire and Christina M. Scipioni to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed in behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public 4 Encroachment Agreement Signature Page for the Owner Affinity at Eagan. LLC, a Washington limited liability company By: Affinity Eagan Manager, LLC, a Washington limited liability company Its: Manager �0 Darin Davidson Its: Manager STATE OF WASHINGTON ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2017, by Darin Davidson, the Manager of Affinity Eagan Manager, LLC, a Washington limited liability company, as the sole member of Affinity at Eagan, LLC, a Washington limited liability company, on behalf of the limited liability company THIS INSTRUMENT WAS DRAFTED BY: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952)953-8847 (RBB: 206-36717) W1 Notary Public EXHIBIT "A" ,r—rR a r, f 1 ♦, r1 ••I Ir" r, R On. +I1.I . 1, A" rr ,` +--+ +!1 f•r !! � ,.,L.r+ , I! L-.. r� �,1 tru ulr !1 r A• ! / ' `f./fit i ray / f /f ! f i ! V.r3bN.ti"r.'LCI`r' �In�tl �1Va.W1.�.,4" � +•RYIJrM17 HALL 9459 lulkWM/ ~�..._.._.,..»......,?'.dr____..lr1n 56B'b5'61'N' 6"..67 t..«.. ... ....:: VIE I I �g I Al __._ ..._ � .,._..... � ..._.. .� .� ...,,.... _...,.. .,.� .�.�A�....�. ........ _._.._ ._.... _ �.. m RCT'AlNINA WALL :« C 20 40 8 EASEMENT EXHIBIT SCAU N-- VEE AF MAT@AMM "M .?INieM W MAINTENANCE AGREEMENT This Maintenance Agreement ("Agreement") is made as of this _ day of 2017 by and between the City of Eagan Minnesota (the "City"), a Minnesota municipal corporation, and Affinity at Eagan, LLC, a Washington limited liability company ("Developer"). City and Developer are referred to as the "Parties." WHEREAS, Developer has made an application for a Preliminary Planned Development for property legally described as Lot 1 & 2, Block 1, Cedar Grove Parkway 51h Addition (the "Property); WHEREAS, Developer's application has been approved by the City, subject to certain conditions; WHEREAS, to satisfy a condition of the application, Developer desires to enter into a participation agreement with the City relating to the maintenance of a trail adjacent to the Property, and WHEREAS, Developer has agreed that the owner or owners of the Property shall be responsible to maintain or caused to be maintained the trail adjacent to the Property, and the City and Developer hereby enter into this agreement to establish a maintenance agreement related to the trail. NOW THEREFORE, in consideration of the mutual undertakings and agreement contained within this Agreement, the Parties hereby agree as follows: AGREEMENT 1. Scope of Services Except as otherwise set forth in this Agreement, the City and the owner or owners of the Property shall be responsible for all costs associated with their respective maintenance duties. The owner's or owners' of the Property and the City's respective maintenance responsibilities with respect to maintenance of the trail are as follows: A. Trail. For purposes of this Agreement, "trail" means all of the trails around the perimeter of the Property. If Lot 1 and Lot 2 of the Property are owned by different owners, the trail shall be divided by the property line between Lot 1 and Lot 2 (with each owner responsible for the portion of the trail adjacent to their Lot). i. Owner responsibility — The maintenance to be performed by the owner or owners of the Property on the trail shall consist of the following: 1. Routine maintenance, including, but not limited to, day-to-day regimen of litter pick-up, trash and debris removal, trail sweeping, and other regularly scheduled activities. The owner or owners of the Property will pay the cost of labor, materials, and hauling, in connection with routine maintenance on such owner's portion of the trail. 2. The owner or owners of the Property shall provide all snow removal/sanding operations in accordance with its adopted snow removal policy. Notwithstanding the foregoing, the owner or owners of the Property shall remove any snow accumulation of 3" or more within 24 hours. ii. City Responsibility — The City shall maintain the paved surface of the trail as per its policy and procedures. 2. Indemnity The owner or owners of the Property agrees to indemnify, defend and hold harmless the City from any claims, losses, costs, expenses or damages resulting from the negligent acts or omissions of its officers, agents, or employees relating to activities conducted by such owner under this Agreement. 3. Subcontracts The owner or owners of the Property may subcontract any portion of the work to be performed under this Agreement. The owner or owners of the Property shall ensure and require that any subcontractor agrees to and complies with all of the terms of this Agreement. Any subcontractor used by the owner or owners of the Property to perform any portion of this Agreement shall report to and bill such owner directly. The owner or owners of the Property shall be solely responsible for the breach, performance or nonperformance of any subcontractor. 4. Independent Contractor It is agreed that nothing contained in this Agreement is intended or should be construed as creating the relationship of a partnership, a joint venture, or an association with the City and Developer. Developer, its employees, agents, subcontractors or representatives shall not be 2 considered employees, agents or representatives of the City. Except as otherwise provided herein, Developer shall maintain, in all respects, its present control over the means and personnel by which this Agreement is performed. Covenants Run with the Land All of the covenants, obligations, provisions, and conditions contained herein shall run with the land and shall be binding upon the Parties and their successors and assigns. 6. Notices Any notices to be given under this Agreement shall be given by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, addressed to Developer at its address stated below, and to the authorized agent of the City at the address stated below. In the case of the City, notices shall be mailed to: City of Eagan Dougherty, Molenda, Solfest Hills & Bauer P.A. 3830 Pilot Knob Road 14985 Glazier Avenue, Suite 525 P.O. Box 21199 Apple Valley, Minnesota 55124 Eagan, Minnesota 55121 Attn: Robert B. Bauer Attn: City Administrator In the case of the Developer, notices shall be mailed to: Affinity at Eagan, LLC 120 West Cataldo Avenue Suite 100 Spokane, Washington 99201 Attn: Scott Morris 7. Controlling Law The laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the herein parties and performance under it. The appropriate venue and jurisdiction for any litigation hereunder will be those courts located with the County of Dakota, State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected 8. Changes The parties agree that no change or modification to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and made part 3 of this Agreement. The execution of the change shall be authorized and signed in the same manner as for this Agreement, 9. Disputes and remedies Developer and City agree as follows: A. Negotiation — If a disagreement over interpretation of any provision of this agreement should arise, the City and Developer will direct staff members, as they deem appropriate, to meet at least one (1) time at a mutually convenient time and place to attempt to resolve the dispute through negotiation. B. Mediation — If the parties to this Agreement are unable to resolve disputes, claims or counterclaims, or are unable to negotiate an interpretation of any provision of this Agreement, the parties shall seek relief by submitting their respective grievances to mediation. C. Adjudication — If the parties to this Agreement are unable to resolve disputes, claims or counterclaims after submitting their respective grievances to mediation, either party may seek relief through initiation of an action in Dakota County District Court. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. [signature pages to follow] 4 Maintenance 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 APPROVED AS TO CONTENT: By: City Planner STATE OF MINNESOTA ) ) ss COUNTY OF DAKOTA ) APPROVED AS TO FORM: By: City Attorney On this day of . 2017 before me a Notary Public within and for said County personally appeared Mike Maguire and Christina M. Scipioni to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed in behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public 5 Maintenance Agreement Signature Page of Developer Affinity at Eagan, LLC, a Washington limited liability company By: Affinity Eagan Manager, LLC a Washington limited liability company Its: Manager Darin Davidson Its: Manager STATE OF WASHINGTON ) ) ss COUNTY OF SPOKANE ) The foregoing instrument was acknowledged before me this day of 2017, by Darin Davidson, the Manager of Affinity Eagan Manager, LLC, a Washington limited liability company, on behalf of the limited liability company. THIS INSTRUMENT WAS DRAFTED BY: Dougherty, Molenda, Solfest, Hills & Bauer P,A, 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 953-8847 (RBB) 9 Notary Public Agenda Information Memo March 21, 2017, Eagan City Council Meeting CONSENT AGENDA V. Approve Exempt Permit for the Eagan High School Boys Hockey Boosters to hold a raffle on July 16, 2017 at 3870 Pilot Knob Road Action To Be Considered: To adopt a resolution approving an Exempt Permit for the Eagan High School Boys Hockey Boosters to conduct a raffle on July 16, 2017 at the Eagan Civic Arena, 3870 Pilot Knob Road. Facts: The Eagan High School Boys Hockey Boosters has applied for an Exempt Permit with the Gambling Control Board to hold a raffle as listed above. ➢ All requirements for the application have been met and staff deems it in order for approval. Attachments: (1) CV -1 Resolution RESOLUTION NO. CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT EAGAN HIGH SCHOOL BOYS HOCKEY BOOSTERS WHERAS, the Eagan High School Boys Hockey Boosters has applied for an Exempt Permit to conduct a raffle on July 16, 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 Eagan High School Boys Hockey Boosters to conduct a raffle on July 16, 2017 at 3870 Pilot Knob Road. Motion by: Seconded by: Those in favor: Those against: Date: March 21, 2017 CERTIFICATION CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk I, Christina M. Scipioni, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 21" day of March, 2017. City Clerk Agenda Information Memo March 21, 2017, Eagan City Council Meeting PUBLIC HEARINGS A. Host approval of revenue bonds to be issued by the City of Minneapolis and the St. Paul HRA on behalf of Allina Health System. Action to be Considered: To close the public hearing and authorize a resolution approving the issuance of refunding revenue bonds to be issued by the City of Minneapolis and the St. Paul HRA on behalf of Allina Health System. Facts: ➢ Through the Dorsey & Whitney law firm, Allina Health System is requesting "host approval" from the City of Eagan to refund all or a portion of its Series 2007A, 2009A-1, and 2009A-2 bonds used to construct and improve several of its facilities, including one at 1110 Yankee Doodle Road in Eagan. ➢ The existing bonds were issued as tax-exempt conduit debt through the City of Minneapolis and the St. Paul HRA; the proposed refunding bonds will be issued by the same entities. ➢ The refunding bonds will be in an aggregate amount of not more than $200 million. ➢ State statute requires Eagan, as "host" of one of the facilities, to hold a public hearing on the bond issue, although the City otherwise has no direct involvement in it. ➢ The City's bank -qualified status for 2017 is not affected by these bond issues. ➢ The City's bond counsel has reviewed all documents for propriety. ➢ Allina has paid an application fee, and is reimbursing the City for out-of-pocket costs (i.e., bond counsel fees). ➢ A representative from Dorsey will attend the public hearing and will be available to answer questions. ➢ Thirteen other cities in the metro area are required to provide "host approval" for the Allina bonds. A few of those hearings have already been held and approval has been obtained at all of them. At some, but not all, of the hearings to date, representatives from Allina's nurses union have taken the opportunity to speak at the hearing. Attachments: (1) ➢ PHA -1 Resolution Extract of Minutes of Meeting of the City Council of the City of Eagan, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Eagan, Minnesota was duly held at the City Hall on Tuesday, the 21St day of March, 2017, at 6:30 p.m. The following Councilmembers were present: and the following were absent: The Mayor announced that this was the time and place for a public hearing on a proposal for the issuance of revenue bonds by the City of Minneapolis and The Housing and Redevelopment Authority of the City of St. Paul, Minnesota at the request of Allina Health System, a Minnesota nonprofit corporation. The following persons appeared: After all persons present had an opportunity to express their views, the hearing was closed. Member then introduced the following written resolution: RESOLUTION APPROVING THE ISSUANCE OF BONDS BY THE CITY OF MINNEAPOLIS AND THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA, ON BEHALF OF ALLINA HEALTH SYSTEM UNDER MINNESOTA STATUTES, SECTIONS 469.152 TO 469.165 BE IT RESOLVED by the City Council (the "Council") of the City of Eagan, Minnesota (the "City"), as follows: SECTION 1 Recitals and Findin�--s I.I. This Council has received a proposal from Allina Health System, a Minnesota nonprofit corporation ("Allina"), that the City authorize the City of Minneapolis, Minnesota and The Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, acting jointly (together, the "Issuer") to issue bonds under Minnesota Statutes, Sections 469.152 through 469.165 (the "Act") to refund revenue bonds previously issued in 2007 and 2009 by the Issuer, a portion of the proceeds of which were applied to refinance the acquisition, construction, and equipping of the Allina Health Eagan Clinic (the "Clinic"), located at 1110 Yankee Doodle Road in the City. The bonds are proposed to be issued as part of a larger bond issue by the Issuer in an aggregate amount which is not expected to exceed $200,000,000 (the "Bonds"), the proceeds of which will be issued to refinance the acquisition, construction, renovation, remodeling and equipping by Allina or its affiliates of health care facilities located in the cities of Blaine, Buffalo, Brooklyn Park, Coon Rapids, Cottage Grove, Forest Lake, Fridley, Minneapolis, Ramsey, St. Paul and Woodbury, Minnesota, in addition to refinancing improvements to the Clinic. 1.2. At a public hearing held on March 21, 2017, all parties who appeared at the hearing were given an opportunity to express their views with respect to the proposal that the Issuer issue the Bonds under the Act, and interested persons were given the opportunity to submit written comments to the City Administrator before the time of the hearing. SECTION 2 Approvals 2.1. The issuance of bonds by the Issuer pursuant to the Act in a principal amount of up to $200,000,000, to refinance improvements to the Clinic and to refinance the acquisition, construction, renovation, remodeling and equipping by Allina or its affiliates of health care facilities located in the cities of Blaine, Buffalo, Brooklyn Park, Coon Rapids, Cottage Grove, Forest Lake, Fridley, Minneapolis, Ramsey, St. Paul and Woodbury, Minnesota, is hereby consented to and approved. The terms of the bonds shall be as are approved by the governing bodies of the Issuer. 2.2. The Mayor and City Clerk and other officers of the City are authorized and directed to furnish to Allina, the Issuer and the attorneys rendering an opinion on the issuance of the Bonds certified copies of all proceedings and records of the City relating to the Bonds and such other affidavits and certificates as may be required to show the facts relating to the legality and marketability of the Bonds as such facts appear from the books and records in the officer's custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. 0) 2017. Attest: Adopted by the City Council of the City of Eagan, Minnesota on this 21s' day of March, Mayor City Clerk The motion for adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 4817-8958-3684\1 3 Agenda Information Memo March 21, 2017 Eagan City Council Meeting LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE A. Opposition to Small Cell Legislation Action To Be Considered: Approve a resolution of support for local decision making and control over public right-of-way within the city's jurisdiction and of opposition to any legislation that allows private telecommunication companies, specifically, and utilities in general, unregulated access to the public right-of-way. Facts: ➢ Private wireless and cellular service providers are pushing legislation (HF 739/SF 561) that would allow unregulated access to public right-of-way (ROW) for installation of "small cell wireless" equipment and distributed antenna systems. No existing for-profit utility companies are allowed unregulated access to the ROW. ➢ Automatic approval provided by this legislation would limit cities' abilities for managing the ROW and considering elements of public health, safety, and aesthetics. ➢ The legislation limits, and in some cases eliminates, cities' cost, recovery options for maintaining the public ROW being accessed. ➢ The legislation would supersede many existing zoning ordinances and comprehensive plans that cities have enacted and planned for over the years. ➢ The Public Works Department has the responsibility of management of the City's public right-of-way. The proposed bill allowing unregulated access to public ROW, as well as possibly all public facilities regardless of location, is extremely concerning in a number of ways, in particular public safety. There are also equity issues as it relates to all other private parties allowed to use the public ROW. ➢ The proposed uses that the sponsors of the bill support though the use of new technology that would be accommodated by the proposed legislation are important and should be supported as enhancements of mobile technology. However, these uses can be accommodated in accordance to the existing permitting processes followed by all other current private users of the ROW. There is no public benefit to allowing this proposed special use of the ROW. ➢ Cities, funded by local property tax payers, currently play an exclusive and fundamental role in developing, locating, siting, and enforcing utility construction and safety standards. Current public ROW laws granting municipal responsibility for management have been successfully in place for the past 20 years. ROWS are a limited resource and cities are, and should remain, responsible for making sure that resource is properly and consistently maintained. City taxpayers, who would be subsidizing private industry under the proposed bill, look to their own communities to protect public assets such as the ROW. Attachments (1) LIA-1 Resolution RESOLUTION NO Support of Local Control of Public Right -of -Way and Opposition to Proposed Small Cell Wireless Legislation WHEREAS, the Public Works Department is the responsible party for the City of Eagan regarding the management of the City's public right-of-way, and WHEREAS, proposed bills in the Minnesota House of Representatives (HF 739) and the Minnesota Senate (SF 561) would allow unregulated access to public right-of-way, as well as possibly all public facilities regardless of location, by private parties for installation of small cell wireless equipment and distributed antenna systems, and WHEREAS, the legislation provides for automatic approval of these types of facilities, which prevents cities, through their elected representatives, from exercising their ability and authority to manage their public real estate; and WHEREAS, the legislation will supersede many existing zoning ordinances and comprehensive plans enacted by the City, and put in place statewide requirements that would preempt local decision in conflict with the interests of the public and the City of Eagan, and WHEREAS, this legislation is unique in that only these private telecommunications companies would have unregulated access to public rights-of-way. NOW, THEREFORE, Be It Resolved that the Eagan City Council affirms its support for local decision making and control over public right-of-way within its jurisdiction, and opposes any legislation that allows private telecommunication companies, specifically, and utilities in general, unregulated access to the public right-of-way. BE IT FURTHER RESOLVED that the council hereby directs that this Resolution be communicated to the State officials representing the City of Eagan, including its State Senators and Representatives. CITY OF EAGAN CITY COUNCIL By: Mayor Attest: City Clerk HEREBY CERTIFY that the above is a true and correct copy of a resolution presented to and adopted by the City of Eagan, County of Dakota, State of Minnesota, at a duly authorized City Council Meeting held in the City of Eagan, Minnesota, on the 215tday of March, 2017, as disclosed by the records of said City on file and of record in the office. Christina M. Scipioni, City Clerk AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER March 21, 2017 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 B. ADOPT AGENDA 6�8191&14L ki_Tc14 0 I_�lsl 1. APPROVE EDA Minutes 2. ADOPT Findings of Fact, Conclusions and Resolution for the sale of Outlot B, Paragon Addition to Commercial Investment Properties, Co. D. PUBLIC HEARING E. OLD BUSINESS F. NEW BUSINESS H. ADJOURN Agenda Information Memo March 21, 2017 Eagan Economic Development Authority Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the Economic Development Authority. If the Economic Development Authority 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. 1. Approve Minutes Action To Be Considered: To approve the minutes of the March 7, 2017 regular Economic Development Authority meeting as presented or modified. Attachments: (1) EDAC1-1 March 7, 2017 Minutes MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota March 7, 2017 A meeting of the Eagan Economic Development Authority was held on Tuesday, March 7, 2017 at the Eagan Municipal Center. Present were President Maguire, Commissioner Bakken, Commissioner Fields, Commissioner Hansen and Commissioner Tilley. 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 Fields seconded a motion to approve the agenda as presented. Aye:5 Nay:0 CONSENT AGENDA Commissioner Tilley moved, Commissioner Hansen seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 1. It was recommended to approve the minutes of February 21, 2017. 2. It was recommended to approve Sixth Extension of Amended and Restated Preliminary Redevelopment Agreement for Master Developer Services for the Cedar Grove Redevelopment District. There was no Old Business. OLD BUSINESS NEW BUSINESS Public Hearing for Sale of Outlot B, Paragon Addition to Commerical Investment Properties, Co. Community Development Director Hutmacher introduced the item noting 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. 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 100 surface parking stalls. Hutmacher noted the proposal includes vacating Fen Way and incorporating the right-of-way into the development. The applicant is present and available for questions. Mayor Maguire opened the public hearing. There being no public comment, he turned the discussion back to the EDA. Councilmember and Commissioner Fields moved, Councilmember and Commissioner Bakken seconded a motion 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. Aye: 5 Nay: 0 There was no Other Business. OTHER BUSINESS ADJOURNMENT Commissioner Fields moved, Commissioner Bakken seconded a motion to adjourn the meeting. Aye Nay: 0 Date David M. Osberg, Executive Director Agenda Information Memo March 21, 2017 Eagan Economic Development Authority Meeting CONSENT AGENDA 2. Approve Findings of Fact, Conclusions and Resolution for the Sale of Outlot B, Paragon Addition to Commercial Investment Properties, Co. Action To Be Considered: Approve Findings of Fact, Conclusions and Resolution for the Sale of Outlot B, Paragon Addition to Commercial Investment Properties, Co. Facts: ➢ Commercial Investment Properties, Co. (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. ➢ At its meeting on March 7, 2017, the Economic Development Authority held a public hearing and approved the Sale and Purchase Agreement with CIP. ➢ The Findings of Fact, Conclusions, and Resolution were not attached to the March 7, 2017 agenda item, and are presented for approval to establish a written record. Attachments: (1) EDAC2-1 Findings of Fact, Conclusions, and Resolution BEFORE THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA In Re: Sale of Property to Commercial Investment Properties, Co. FINDINGS OF FACT, CONCLUSIONS AND RESOLUTION This matter came before the Eagan Economic Development Authority (the "EDA") at its meeting of March 7, 2017. The EDA received and considered public comment; input from City staff; and the Sale and Purchase Agreement proposed by Commercial Investment Properties, Co. (hereinafter "Developer") Based upon all the files, records and input which were presented at the meeting, the EDA makes the following Findings of Fact, Conclusions and Resolution. FINDINGS OF FACT 1. The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area (the "Redevelopment District"), including public improvements, environmental reviews, adoption of a Comprehensive Guide Plan Amendment and zoning modifications to create a Special Area, the adoption of Cedar Grove District building standards, and the initiation of redevelopment activity in a portion of the district, all being consistent with the City's plans for the area. 2. On or about October 2, 2001, the EDA approved the establishment of the Redevelopment District and the City Council approved the creation and establishment of a Tax Increment Financing District referred to as Tax Increment Financing District No. 1 (the "TIF District") in connection with the Cedar Grove Redevelopment Area, all pursuant to the authority granted by Minnesota Statutes, Sections 469,090 to 469.108 and 469.001 to 469.047 and Sections 469.174 through 469.179 (collectively, the "Acts"), 3. Pursuant to the Acts on or about October 2, 2001, the EDA approved the adoption of and the City Council approved a Redevelopment Plan (the "Redevelopment Plan") and a tax increment financing plan (the "TIF Plan") to finance a portion of the public redevelopment costs of the Redevelopment District, The TIF Plan was certified on July 22, 2003. 4. In order to achieve the objectives of the Redevelopment Plan and the TIF Plan, the EDA has previously determined to provide substantial aid and assistance through the financing of certain land acquisition, relocation, demolition, soil correction, site improvements and public improvement costs in the Redevelopment District. 5. A development plan was presented by the Developer to acquire Outlot B, Paragon Addition for the construction of an apartment building containing approximately 150 residential units and an 8,000 square foot restaurant (hereinafter the "Proposed Development"). The Developer desires to complete the Proposed Development within the next year. 7. The Proposed Development is consistent with the Redevelopment Plan. 8. Under the proposed purchase agreement, Developer will acquire the Property for $1,725,000.00 and will receive a nonexclusive easement to use 75 parking stalls in the adjacent parking garage (the "Purchase Terms"). Sanitary sewer area charge credits are available under the Purchase Terms if the Developer can secure a restaurant. 9. The sale of the Property to accomplish the Proposed Development will cause an increase in the tax capacity of the Redevelopment District resulting in significant tax increment to reimburse the EDA for prior expenditures within the Redevelopment District. 10. The Proposed Development will also create additional job opportunities within the Redevelopment District which is also consistent with the Redevelopment Plan. FA CONCLUSIONS 1. The Purchase and Sale Agreement proposed by Developer to construct an apartment building containing approximately 150 residential units and an 8,000 square foot restaurant are consistent with the EDA's objectives to redevelop the Redevelopment District in accordance with the Redevelopment Plan. RESOLUTION The EDA does hereby approve the sale of the Property within the Redevelopment District to Commercial Investment Properties, Co. for the construction of an apartment building containing approximately 150 residential units and an 8,000 square foot restaurant and authorizes the President and Executive Director to execute any and all documents necessary to complete the sale. Dated at Eagan, Minnesota this 21St day of March, 2017. EAGAN ECONOMIC DEVELOPMENT AUTHORITY By. Mike Maguire President By - David M. Osberg Executive Director 3