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3805 Pilot Knob RdCITY OF EAGAN ,? .,r 3830 Pilot Knob.Road, P.O. Box 21-199, Eagan, MN 55121 PHONE:454-8100 BUILDING PERMIT Receipt # (PEE PA%VED) 7o be used for I'3^u?'Y.'aL1TIQ+' Est. Value oate PEB 15 Site Address 3£fl5 P1F.QT ELIiSOB Ri: Lot Block 1 Sec/Sub. SECTION 21 ' gy??;•..,:r.: ?. *. Occupancy Zoning ?. Name CIYY Ot+ E!lGACI IActuaq Const 3 t AddfeSS 3C3ltPII.(YC €LPh"UH C2D.,. _ (quowaole) - ° y ?GAN Phone 454"100 Cit x ot stories Length o Name Depth , zr 0 AddreSS S.F.TOtal ,¢ ? City Phone S.P. Foolprinls On Site Sewage ? ww Name on ste wen w AddfeSS MWCCSyslem <w City PhOn2 Ciry Waler PFV Required I hereby acknowlege that I have reatl this application and state that the Booster Pump information is wrrect and agree to comply with all applicable Stale of Minnesota Statutes and City of Eagan Ordinances. e L? Signature of Permitee t? ?-'/l-?'-? APPROVALS. '-dZTY OF QAGAI4 Planner A Building Permit is issued to: on Ihe exprass Condition that all work shall be done in accordance with all Council applicable State ol Minnesota Statules antl Ciry of Eagan Ordinances. Bidg. Ofl. Buiiding ONicial Variance OFFICE USE ONIY B-2 FEES Bldg. Permit Surcharge Plan Review SAQ City SAC,MCWCC Water Conn Water Meter Acct. Deposil SIW Permit SNJ Sumharge Treatmenl PI Roatl Unii Park Ded. Copies TOTAL r:A I Permit No. Permil Holder Date Telephone q WATEF SEWER PLUMBING H.V.A.C. ELECTRIG Inspection Date Insp. Comments Footingsl Foundation Framinq Rooling Rough Plbg. Rough Htg. Iwl. Fireplace Final Htg. Final Plbg. Const. Meter Plbg- Inspecbr - Notity Plum6er EngclPlan Bldg. Pinal a t ( / '. &41 - & Deck Flg. „ 2.9 Deck Final Well Pr: Oisp. 6V'715v 3 9 .?' J/07-C.-I Requesl Da[e ? Fre No. Rough-inlnspeclion Hequired? ? flea0y Now II NoG'ly In;.petAOr Yes ? N. When Reatly? I O licensed contractor ? owner hereby request inspection of above electrical work at: Job Atltlrese (Street. Bat or Route No.) '3 //O t' C r ?M Secllon No. Tow M, Na or No. Renga . Counry ? ? Occupam (PRINn e No. PowerSUppfier qdtlresa 7 J ElecMCal oMracior (c mpany Name) Contractor$ License No. Mailiig AtNress (C Vac[ar or Owner 'ng Inslallalion) ANhor¢ SignaWre ( rtlraciar ner na "on) Ph e Number UT, S =SS'4-2r MNNESOTA ATE BOAPO OF ELECTRICITY "fF115 INSPECTION REQUEST WILL NOT Grigga.Midwey &tlg. - Raom 5173 BE ACGEPTED BY THE STATE BOMU 1821 Ilnirnsily Ave. SI. Paul, MN 55f06 UNLE55 PROPER INSPECTION FEE IS PhOne (812) 642-0WO ENCLOSED. REQUEST FOR ELECTRICAL INSPECTION y. ee.00001-07 ?? _-- ?* Sae InsVUClions tor comple0rg fhis brm on back of yellow mpy. "X" Below Work Covered by This Request Y .e Add Rep. Typeof8uilding AppliaricesWired EquipmentWiretl ome Range 7emporary Service Duplex Water Heater Electnc Heating Apt. Building Dryer Other (Specify) Comm./Industnal Furnace Farm Air Conditioner Olhar (apeciy) Comractor5 Remerks: Compute Mspection Fee Below: # Other Fee # ServiceEntranceSize Fee # Circui4s/Feeders Fee ! Swimming Pool 0 to 200 Amps 0 to 100 Amps ?p Transfortners Above 200 _ Amps Above 100 _ Amps Signs InspecWrk Use OnN: o0 2 TOTAL S? Irrigation Booms ,? c/ Special Inspecti0n Alarm/Communicatbn Other Fee f xf? I, the Electrical Inspector, hereby Ilou9h-in certirythattheaboveinspectionhas been made. F;na? OFFICE USE ONLY Thie request wid 18 maniRS ho. 39-59-7 RESIDENTIAL -7 -31 -O 0?• BUILDINC PERMIT APPLICATION ?. ? ?53 LP 7 CITY OF EAGAN jAkA 3830 PILOT KNOB RD, EAGAN MN 55122 651-681-4675 NewConatrucdonReauiremenb ,/ a / /b-L • 3 registered sRe suneys showing sq. R. of lol, sq. R of house; and all roofed areas (20% maximum lot coverage allowed) . 2 copies of plan showirg beam & window sizes; poured lound desigo, etc.) • 1 set of Energy Calculations • 3 co0ies of Tree Preservatbn Poan il lot platted after 111193 • Rim Joist Detail Options selection sheet (bldgs wiN 3 or less units) _ Water Softener ` Water Heater No. of Baths DATE VALUATION OS SITE ADDRESS i? T?""?^ MU TIIMILY BLDG _ Y _ N TYPE OF WORK G dcTS ? FIREPLACE(S) _ 0_ 1_ 2 SELA ROOFING & REMODELING. %L• APPLICANT 4100 EXCEISIOR BLVp. STREETADDRESS IDri00o1050 CITY STATE_ZIP TELEPHONE # ((A z-`?Z-?-K0'8?- ELL PHONE # FAX # PROPERTYOWNERCt" cY Ta4,,,.6 - lf6u?4 TELEPHONE#?- ---------------------------------------------- -------°---------------------?4---------------- COMPLETE THIS SECTION FOR "NEW" RESII Energy Code Category _ MINNESOTA RULES 7670 CATEGORY 1 (4 submission type) . Residential Ventilation Category t Worksheet Su • Energy Envelope Calculations Submitted Plumbtng Conhactor: _ Plumbing system includes: Mechanieal Contraetor. Nlechanicalsystem includes: Sewer/Water Contractor. - Air Conditioning _ Hea[ Recovery System N ? v ? 002 ,)Ut??rr?so r ?.ES 7672 ie- . NewEnergyCod Worksheet BY _.._ . _. Phone # Phone # Phone # Fee: $70.00 I hereby acknowledge that I have read this application, state that the information is corcect, and agree to comply with all applicabie State of Minnesota Statutes and City of Eagan Ordi a/? ces. Signature of Appllcant - ?il N?- 4'? .?_ _ .... -......... _.._.._.-----.... -..... '----------___. _._------'-.... -'---......... -........... °---_..... OFFICE USE ONLY Certificates of Survey Received _ Tree Preservation Plan Received _ Not Required _ Updated 4/02 RemodeUReoair Reauirementa • 2 copies of plan • 1 set ol Energy Calculations for heated additions • 1 site suney lor e#erior additlons & decks . Indicate if home served by sep6c system kr additiorrs Lawn Sprinkler No. of R.I. Baths Fee: $90.00 OFFICE USE ONLY ? Ot Foundation ? 07 OS-plex ? 13 16-plex ? 20 Pool ? 30 Accessory Bldg ? 02 SF Dwelling ? 08 06-plex ? 16 Fireplace ? 21 Porch (3-sea.) ? 31 Ext. Alt - Multi ? 03 01 of _ plex ? 09 07-plex ? 17 Garage ? 22 Porch/Addn. (4-sea.) ? 33 Ext. Alt - SF ? 04 02•plex ? 10 08-plex ? 18 Deck ? 23 Porch (screened) ? 36 Multi ? 05 03-plex ? 11 10-piex ? 19 Lower Level ? 24 Storm Damage ? 06 04-plex ? 12 12-plex Plbg_Y or _ N ? 25 Miscellaneous ? 31 New ? 35 Int Improvement ? 38 Demolish (Interior) ? 44 Siding ? 32 Addition ? 36 Move Bidg. ? 42 Demolish (Foundation) ? 45 Fire Repair ? 33 Alteration ? 37 Demolish (Bldg)• ? 43 Reroof ? 46 Windows/Doors ? 34 Replacement •Demolition (Entire Bldg only) - Give PCA handout to applicant Valuation Occupancy MC/ES System Census Code Zoning City Water SAC Units Stories Booster Pump Nbr. of Units Sq. Ft. PRV Nbr. of Bldgs Length Fire Sprinklered Type of Const Width REQUIRED INSPECTIONS _ Footings (new bldg) _ FinaUC.O. _ Footings (deck) FinaUNo C.O. _ Foorings (addition) _ Plumbing Foundation HVAC Drain Tile Other Roof _ Ice & Water _ Final _ Pool _ Ftgs _ Air/Gas Tests _ Final _ Framing _ Siding Stucco Stone _ Fireplace _ R.I. _ Air Test _ Final _ Windows (new/replacement) _ Insulation _ Retaining Wall Approved By , Building Inspector Base Fee Surcharge Plan Review MC%ES SAC City SAC Water Supply & Storage S&W Permit & Surcharge Treatment Plant Plumbing Permit Mechanical Permit License Search Capies Other Total 4kcitV oF eagan PAT GEAGAN Mayor PEGGY CARLSON CYIVDEE FIELDS MIKE MAGUIRE MEG TILLEY Council Members THOMAS HEDGES Ciry Adminis¢aror Municipal Cencer. 3830 Pilot Knob Road Eagan, MN 55122-1897 Phone: 651.C>75.5000 Fac: 651.6755012 TDD: 651.454.8535 Maintenanre Fatiliry: 3501 Coa<hman Point Eagan, MN 55122 Phone: 651.675.5300 Fvc: 651.675.5360 TDD: 651.454.8535 ?.cityofeagari-com THE LONE OAK TREE The symbol of stiength and giowth in our mmmuniry May 22, 2006 Cristy Handsaker CTrubb & Ellis Company 1200 Seventeenth St., Suite 2000 Denver, CO 80202 RE: Signed Lease Agreements (City of Eagan, MN & Qwest Corp): - 1410 Towerview Rd - 3805 Pilot Knob Rd Dear Ms. Handsaker, As directed by Mr. Dave Dompier, enclosed please find two (2) fully executed copies of the final lease agreements for each site referenced above. Although these lease agreements were formally approved by our City Council on Novem6er 1, 2005, we only recently received the required certified surveys which are now attached as referenced Exhibits A, B& C to these lease agreements. As stated in each lease, these agreements aze retroactive to August 1, 2005 as the official commencement date. The City has retained one fully executed copy for our files. If you have any questions regazding these documents, please contact me at your convenience. Thank you for your cooperation in concluding the preparation of these new 20-year leases for these facilities. Sincerely, i ?/' LLa.i1 51-71 d% _p Thomas A. Colbert, P.E. Director of Public Works Enc: 1410 Towerview Rd Lease (2 copies) 3805 Pilot Knob Rd. Lease (2 copies) CC: Steve Ling, City Attorney's office (w/o enc) Tom Pepper, City Chief Financial Officer (w/enc) LEASE AGREEMENT by and between CITY OF EAGAN and QWEST CORPORATION THIS LEASE AGREEMENT ("Lease") is entered into this ?rday of Aluvr-w,A crc 2005, hy and between the CITY OF EAGAN, a Minnesota municipal corporation, ("Landlord") and QWEST CORPORATION, a Colorado corporation ("Tenant"). Landlord and Tenant are jointly referred to as "parties". In considerarion of the terms and conditions of this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Leased Site and easement. Subject to the terms and conditions of this Lease, Landlord hereby leases to Tenant exclusive portions of ground space as more particularly described in Exhibit B attached hereto ("Site"), and non-exclusive portions of ground space as more particulazly described in Exhibit C attached hereto ("Easement Area"), located at`3805 _j ?Pilot Knob Road, County of Dakota, 3tate of Minnesota, legally described in Exhibit A attached hereto (the "Property"), subject to any and all existing easements. Tenant has constructed and maintains a telephone equipment building and related facilities, appliances and appurtenances on the Property as indicated on Exhibits B and C. Tenant shall not be permitted to construct any additional buildings or place any addirional equipment on the Property without ttte prior written consent of the Landlord. Notwithstanding the foregoing, Tenant may replace the telecommunications equipment in the existing buildings with new telecommunications equipment provided Tenant does not alter the use of the Property or the exteriot appearance. 2. Term/Renewals. a. The term of this Lease shall be twenty (20) years, commencing on August 1, 2005, (the "Commencement Date") and ending on July 31, 2025 ("Term"). Tenant will have the option to extend the term of this Lease for rivo (2) additional periods of five (5) years (each a "Renewa] Term"), subject to the further provisions of this pazagraph. b. Tenant must exercise the oprion with respect to the Renewal Term, if at all, by giving written notice of exercise to Landlord on or before ninety (90) days prior to the expiration of the Term or Renewal Term as the case may be. Any notice by Tenant exercising its option of renewal shall hereinafter be called "TenanYs Notice." (i) The Renewal Term will be on the same terms and conditions as the Lease. (ii) Tenant Aill have no right to extend the term of this Lease if Tenant's Notice is not timely delivered or if there is an event of default under this Lease at the tune Tenant's Notice is delivered. 3. Rent. a. Upon the Commencement Date", Tenant shall pay Landlord a one time non-refundable administrative fee of Two Thousand Dollars ($2,000.00) and a one time landscape escrow fund chazge in the amount of Two Thousand Dollars ($2,000.00). b. Commencing on the Commencement Date, Tenant shall pay Landlord monthly rent in the amount of Five Hundred Dollars ($500.00) per month ("ReuP'). The Rent shall be paid monthly, without invoice, on or before the first day of each rnonth. In addition, Tenant agrees to pay its "proportionate share" of alry real estate taxes or payment in lieu of taxes required as a result of this Lease within thirty (30) days of notification by the Landlord. TenanPs "proportionate shaze" of real estate taxes shall be the percentage determined by dividing the amount of Tenant's exclusive space on the Property by the total amount of space leased on the Property. The Rent and all other sums owing to Landlord hereunder which are not paid within thiriy (30) days after their due date shall accrue interest from the due date at the rate of one and one-half percent (I '/?%) per month, which interest shall be paid coincidentally with the delinquent Rent payment. c. The Rent shall be increased annually effective January 1 st of each year, by the greater of (i) six (6%) of the previous year's annualized Rent, or (ii) an amount equal to the increase in the Consumer Price Index ("CPI"); provided, however, that the maximum annual increase in any yeaz shall not exceed eight percent (8%). The CPI shall mean the "Consumer Price Index - for all Urban Consumers, All Cities, All Items (1967=100)" as published bylhe United States Department of Labor Statistics, or if such index shall be discontinued, the successor index, or if there shali be no successor index, such compazable index as mutually agreed upon by the parties. To determine the annual rental increase to be paid by Tenant under a CPI adjuster, the annualized rental for the previous year shall be multiplied by a percentage figure, computed from a fraction, the numerator of which shall be the CPI for the third quarter of the preceding calendar yeaz and the denominator of which shall be the CPI far the corresponding third quarter one yeaz eazlier. Such fraction shall be converted to a percentage equivalent. The resulting percentage figure shall be multiplied by the previous year's rent. d. If this Lease is terminated at a time other than on the last day of the yeaz, Rent shall be prorated as of the date of termination and, in the event of termination for any reason not entitling Landlord to the payment of liquidated damages, all prepaid Rent shall be refunded to the Tenant. Tenant may not add additional equipment and/or buildings without the expressed written approval of the Landlord. Notwithstanding the foregoing, Tenant may replace the telecommunications equipment in the existing buildings with new telecommunications equipment provided Tenant does not alter the use of the Properry or the exterior appeazance. 4. Propertv Use. Tenanf may use the Site for a telephone equipment building to serve customers in Eagan and shall not use the Site for any other pwpose. This use shall be exclusive as to the Site and non-exclusive as to the Easement Area. A change in use of the 5ite by the Tenant shall be considered to be a termination of this Lease subject to the liquidated damages provisions in favor of Landlord as set forth below. The Tenant shall be responsible for the proper maintenance of the Site and Easement Area. Tenant shall use the Properiy in compliance with all federal, state, and local laws and reguladons. Landlord agrees to respond to TenanYs request and to reasonably cooperate with Tenant in maintaining, at Tenant's expense (including Landlord's reasonable attomey and administrative fees) any federal licenses and permits required for Tenant's use of the Site and Easement Area. 5. Installation of Eauinment and Leasehold Improvements. a. Tenaiit shall have the right, at its sole cost and expense, to install, operate and maintain in accordance with good engineeriug practices, including any applicable FCC ndes and regulations, on the Property, all necessary building and related appliances, facilities, buried cables, conduits, manholes and appurtenances upon the terms and conditions contained herein. All buried cables, conduits, manholes, and appurtenances, and appliances shall be coustructed with3n existing rights-of-way and within the Site and Easement Area granted hereunder. There shall be no cables or conduits above ground leading to the Site. Tenant shall have the right to add additional building and related appliances, facilities, buried cables, conduits, manholes and appurtenances, provided that Tenant obtains Landlord's prior written approval. b. Tenant's installation of such additional, other than currently existing, buildings and related appliances, facilities, buried cables, conduits, manholes and appurtenances shall be done according to plans approved by Landlord in writing. Any damage done to the Properiy itself, including any reservoir or other personal property of Landlord located thereon, during installation and/or during operation shall be repaired or replaced within tlurty (30) days after norification by Landlord at Tenant's expense and to Landlord's sole satisfaction. C. Tenant shall obtain Landlord's prior written consent before installing any additional buildings, structures or equipment ou the Property. d. If Tenant shall install any additional buildings and related appliances, facilities, buried cables, conduits, manholes and appurtenances to the Site or Easement Area, Tenant shall provide Landlord with a detailed landscaping plan that must be approved by Landlord prior to construction of any addirional buildings, related appliances, facilities, buried cables, conduits, manholes or appurtenances on the Property. 6. Maintenance. a. Tenant shali, at its own expense, maintain any of Tenant's equipment on or attached to the Property in a safe condition, in good repair and in a manner reasonably suitable to Landlord so as not to conflict with the use or other leases of the Property by Landlord. Tenant sha11 not interfere with the working use of the Property, related facilities or other equipment of additional tenants. b. Tenant shall have sole responsibility for the maintenance, repair and security of its buildings and related appliances, facilities, buried cables, conduits, manholes and appurtenances, leasehold improvements, and Site and Easement Area, and shall keep the same in good repair and condition during the Lease term. c. Tenant must keep the Site and Easement Area free of debris and anything of a dangerous, noxious or offensive nature or which would create a hazazd, undue vibration, heat, noise, interference, etc. d. In the event the Landlord repaints, repairs or maintazns any reservoir located on or adjacent to the Pmperty, it shall be the responsibility of Tenant, at its sole cost and expense, to provide adequate measures to cover TenanYs equipment or other personal property, if necessazy, to protect the same from such paint and debris fallout or damage which may occur during the paint restorarion, repair or maintenance process. Landlord will attempt to contact Tenant at the phone numbet and fax numbers set forth herein prior to comxnencing such repairs. Notwithstanding the foregoing, Landlord shall have no obligation to provide advance notice to Tenant of such repairs or maintenance. Propertv Access. a. Tenant, at all times during this Lease, sha11 have vehiculaz and pedestrian ingress and egess over the Property by means of the existing access, subject to notice requirements to Landlord as provided in paragraph 7.b, below. b. Tenant shall have 24-hour a day access to the Property in order to install, operate, and maintain its buildings and related appliances, facilities, buried cables, conduits, manholes and appurtenances. Tenant shall have access to such buildings and related appliances, facilities, buried cables, conduits, manholes and appurtenances only with prior notice to the Landlord. Tenant shall comply with Landlord's rules, regulations and policies. In the event Tenant needs emergency access to the Property, Tenant may notify the City of Eagan Police by phone, and such notice shall constitute compliance with this paragraph; otherwise, notice shall be given to the office of the Director of Public Works, located at 3830 Pilot Knob Rd, , Eagan, Minnesota. c. Landlord shall be allowed and granted access to the Property at all times to examine and inspect Tenant's buildings and related appliances, facilities, buried cables, conduits, manholes and appurtenances for safety reasons or to ensure that the TenanYs covenants are being met. Tenant's communications equipment is highly sensitive and any entry into Tenant's building or cahinets which could damage or interfere with it and must be controlled. Accordingly, Landlord shall not enter TenanYs building or cabinets (other than in an emergency) unless it has given Tenant twenty-four (24) hours' actual notice. In case of emergency, Landlord shall make reasonable efforts to notify Tenant prior to entering TenanYs building or cabinets. 8. Utilities. Tenant shal] sepazately meter chazges for the consuxnption of electricity and other utilities associated with its use of the Property and shall pay all costs associated therewith. 9. License Fees. Tenant shall pay, as they become due and payable, all fees, chazges and expenses currently required for licenses and/or permits required for Tenant's use of the Property. 10. Compliance With Statutes Regulations and Anprovals. It is understood that Tenant's use of the Property herein is contingent upon its obtaining all certificates, permits, zoning, and other approvals that may be required by any federal, state or local authority. Tenant's buildings and related appliances, facilities, buried cables, conduits, manholes and appurtenances shall be constructed, maintained and operated in accordance with site standards, state statutes, rules and regulations now in effect or that thereafter may be issued by governing bodies. 11. Termination. a. Events of Termination. Except as otherwise provided herein, this Lease may be terminated upon sixty (60) days' written notice to the other party as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default to the other party, unless such default may not reasonably be cured within a 60-day period, in which case, this Lease may not be terminated if the defaulting party commences action to cure the default within such 60-day period, proceeds with due diligence to fully cure the default and thereafter cures the default. (ii) by Tenant immediately upon written notice to Landlord if Tenant, afier having commenced operation on the Property, is unable to maintain any license, pennit or other novenunental approval necessary to continue the operation of the Tenant's business. (iii) by Landlard, upon two (2) year's prior written notice to Tenant, if the City Council decides, in its sole discretion and for any reason, to redevelop the property in a manner inconsistent with the continued use of the Properiy by Tenant and/or discontinue use of the Property for telephone switching station or reservoir purposes. (iv) by Landlord if it determines based on a recommendation of a structural engineer registered in the State of Minnesota that any reservoir located on the Property is sfructurally unsound, including but not limited to, consideration of age of the structure, damage or destruction of all or part of the Property or any reservoir, from any source, or in its sole discretion that the continued occupancy of the Property by Tenant is in fact a threat to health or safety. b. Notice of Termination. The parties shall give notice of termination in writing as provided in paragraph 20. Such notice shall be effective upon receipt as evidenced by the retum receipt or such other date as stated in pazagraph 20. All rentals paid for the Lease prior to said termination date shall be retained by Landlord. c. Upon termination of this Lease for any reason, Tenant shall remove its buildings, related appliances, facilities, buried cables, conduits, manholes and appurtenances from the Property within ninety (90) days of the date of termination, and shall repair any damage to the Properiy caused by such equipment or the removal thereof, normal weaz and tear excepted; all at Tenant's sole cost and expense. Any such buildings, related appliances, facilities, buried cables, conduits, manholes and appurtenances which aze not removed by the end of such ninety (90) day period shall become the property of the Landlord. Notwithstanding the foregoing, Tenant shall be liable for Rent during the time that any of TenanYs building(s), equipment or other improvements remain on the Property. d. Title to Tenant's buildings, related appliances, facilities, buried cables, conduits, manholes and appurtenances installed at and affixed to the Property by Tenant shall be and shall remain the property of Tenant, except as expressly set forth herein. Landlord hereby waives any lien rights it may have or acquire with respect to such property and shall promptly execute any document, required by a supplier, or lender of such properiy which waives any rights Landlord may have or acquire with respect thereto. Tenant may, at any time, including any time it vacates the Property, remove Tenant's improvements, equipment, fixtures; and all of Tenant's personal property from the Property. TenanYs removal of its personal property from the Property shall not relieve Tenant of its obligations to pay Rent hereunder. 12. Liquidated DamaQes; Eazly Termination. In the event Landlord terminates this Lease pursuant to pazagraphs 11 (a)(iii) or (iv) or Tenant terminates this I,ease pursuant to paragraph 11(a)(i) such termination shall be effective without the payment by either party of any penalties or liquidated damages. In the event Landlord terntinates this Lease pursuant to pazagraph 11(a)(i), or Tenant terminates this Lease pursuant to pazagraph 11(a)(ii), Tenant shall pay to Landlord liquidated damages equal to the sum of (a) the remaining unpaid monthly base Rent payments payable in the calendar year in whicli such termination is effective, plus (b) an amount equat to 120% of the aimual base Rent payable in the calendar year in which such termination is effective; provided, however, that if the effective date of the termination occurs in the last calendar year of the then existing term, the liquidated dainages shall equal the monthly base Rent for the remaining unexpired term. 13. Interference. Tenant's installation, operation and maintenance of its buildings and facilities on the Property shall not damage or interfere in any way with Landlord's reservoir, if any, or any other operations of Landlord on the Property, including but not limited to any repair and maintenance activities. Tenant agrees to cease all such actions which materially interfere with Landlord's use of the Properiy, and any reservoir located thereon, immediately upon actual notice of such interference, provided, however, in such case, Tenant shall have the right to terminate this Lease upon 60 day's prior written notice to Landlord. Landlord, at all times during this Lease, reserves the right to take any action it deems necessary, in its sole discretion, to repair, maintain, alter or improve the Property as may be necessary in Landlord's sole discretion. The Landlord agrees to give reasonable advance notice of any such activities to the Tenant and to reasonably cooperate with Tenant to carry out such activities with a minimum aznount of interference with Tenant's.operations. 14. Limitation of Landlord's Liabilitv; Eazly Termination. In the event the Landlord terminates or otherwise revokes this Lease, other than as provided in paragraphs I1(a)(i), (iii) or (iv) above, or Landlord causes interruption of the business of Tenant, Landlord's liability for damages to Tenant shall be ]imited to the actual costs of equipment removal and shall specifically exclude any recovery for value of the business of Tenant as a going concern, future expectation of profits, loss of business or profit or related damages to Tenant; provided, however, that this provision shall not prohibit an action by Tenant for specific performance of this Lease or other equitable or injunctive relief, so long as there is no monetary penalty or damage to Landlord. 15. Insurance. a. Tenant shall carry adequate insurance to protect the par[ies against any and all claims, demands, actions, judgments, expenses, and liabilities which may arise out of or result directly or indirectly from TenanYs use of the Property. Any applicable policy shall list the Landlord as an additional insured and shall provide that it will be the primazy coverage. The insurance coverage must include, at least, Comprehensive General Liability Insurance Coverage, including premises/operation coverage, bodily injury, property damage, independent contractors liability, completed operations coverage, and contractual liability coverage in a combined single ]imit of not less than One Million Dollars ($1,000,000.00) per occurrence, subject to One Million Dollazs ($1,000,000.00) aggregate. Tenant may satisfy this requirement by underlying insurance plus an umbrella policy. Tenant shall also maintain the worker's compensation insurance required by law. b. Neither party shall be liable to the other (or to the other's successors or assigns) for any loss or damages caused by fire or any of the risks enumerated in a standard "All Risk" insurance policy, and in the event of such insured loss, neitlier party's insui•ance company shall have a subrrogated daim against the other. c. Tenant shall provide Landlord, prior to the Commencement Date and upon request by Landlord thereafter, evidence of the required insurance in the form of a certificate of insurance issued by an insurance company licensed to do business in the State of Minnesota, which includes all coverage required in pazagraph 15(a) above. Said certificate shall also provide that the coverage may not be canceled, non-renewed, or materially reduced without thirty (30) days' written notice to Landlord. 16. Dama¢e or Destruclion. If the Property or any portion thereof is destroyed or damaged so as to materially hinder the TenanYs effective use of the Property in the sole discretion of Tenant, and through no fault or negligence of Tenant, Tenant may elect to terminate this Lease upon thirty (30) days' written notice to Landlord. In such event, all rights and obligations of the parties shall cease as of the date of the damage or destruction and Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant. Landlord shall have no liability for any damage to Tenant caused by another tenant of the Property and Tenant shall not be permitted to terminate this Lease. 17. Condemnation. In the event the whole of the Property is taken by eminent domain, this Lease shall terminate as of the date title to the Property vests in the condemning authority. In event a portion of the Property is taken by eminent domain, either party shall have the right to terminate this Lease as of said date of tide transfer, by giving thirty (30) days' written notice to the other party. In the event of any taking under the power of eminent domain, Tenant shall not be entitled to any portion of the award paid for the taking and the Landlord shall receive full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof; all damages, whether awarded as compensation for diminution in value of the leasehold or to fee title of the Property, shall belong to Landlord. Tenant shall have the right to ciaim and recover from the condemning authority any amounts recoverable by Tenant on account of any and all damage to TenanYs business and any costs or expenses incurred by Tenant in moving/removing its buildings, related appliances, facilities, buried cables, conduits, manholes and appurtenances. 18. Indemnification. Tenant agrees to indemnify, defend, and hold harmless Landlord and its elected officials, officers, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, fines, penalties, or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation, which may be asserted against or incurred by the Landlord or for which the Landlord may be liable, which arise from negligence, willful misconduct, or other fault of Tenant or its employees, agents, or subcontractors in the performance of this Lease or from the installation, operation, use, maintenance, repair, removal, or presence of TenanYs buildings and related appliances, facilities, buried cables, conduits, manholes and appurtenances on the Properiy, and specifically including the representations and warranties of paragraph 19 of this Lease, provided the same is not due to the negligence or willful misconduct ofthe Landlord. 19. Hazardous Substance Indemnification. Tenant represents and warrants that its use of the Property herein, will not generate, and Tenant will not store or dispose on the Property nor transport to or over the Property any hazardous substance. Tenant further agrees to hold Landlord harmless from and indemnify Landlord against any release of any such hazardous substance and any damage, loss, or expense or liability resultina from such release including all attomeys' fees, costs and penalties incuned as a result thereof except any release caused by the gross negligence or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous to toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similaz term by any federal, state or local enviromnental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. 20. Notices. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or three (3) business days after deposit in the United Staets first class mail, postage prepaid, certified mail, return receipt requested, or one (1) business day after timely delivery to a nationally recognized overnight delivery service that routinely issues receipts, to the following addresses: If to Landlord, to: Attn.: City Clerk City of Eagan 3830 Pilot Knob Road Eagan, MN 55123 And Attn: Public Works Director City of Eagan 3830 Pilot Knob Road Eagan, MN 551223 With a copy to: Attn.: Michael G. Dougherty, City Attomey Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 If to Tenant, to: Qwest Corporarion 1801 California Street, 46°i Floor Denver, CO 80202 Attn: Vice President of Real Estate with a copy at the same time and in the same manner to: Equis Corporation 8350 East Crescent Parkway, Suite 300 Greenwood Village CO 80111 Attn: Qwest Lease Adtninistration - Lease ID: NfNRE0174A 21. Assgnment. a. Tenant may not assign or sublet this Lease without the prior written consent of Landlord. Notwithstanding the provisions of this paragraph, Tenant may, with Landlord's consent, assign this Lease to any parent, subsidiary or affiliate of Tenant or any corporation into which Tenant may be merged or consolidated, to any partner of Tenant or to any partnership in which Tenant is a general partner, to any entity which obtains a security interest in a substantial portion of TenanYs assets or which purchases all or substantially all of the assets of Tenant, as long as Tenant remains obligated on the Lease. Landlord hereby consents to the assignment by Tenant of its rights under this Lease as collateral security to any entity_ which provides financing for the purchase of the equipment to be installed at the Property. Any approved sublease that is entered into by Tenant shall be subject to all of the provisions of this Lease. b. The parties acknowledge that this is a nonexclusive lease. Nothing in this Lease shall preclude Landlord from ]easing other space for communications equipment or allowing access to the Property to any person or entity which may be in competition with Tenant, or any other party. 22. Successors and Assims. This Lease shall run with the Property. This Lease shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 23. Ouiet Possession. Landlord covenants and warrants that it has full right and authority to enter in to this Lease for the fiill term hereof and that Tenant, upon paying the Rent and upon performing the covenants and ageements hereof to be kept and performed by Tenant, will have, hold and enjoy quiet possession of the Property and all rights, easements, appurtenances and privileges relating thereto. 24. Miscellaneous. a. Landlord and Tenant represent that each, respectively, has full right, power, and authority to execute this Lease. b. Landlord and Tenant each waive any and all rights to recover against the other for any loss or damage to such party arising from any cause to the extent covered hy any property insurance required to be carried pursuant to this Lease. The parties will, from time to time, cause their respective insurers to issue appropriate waiver of subrogation rights endorsements to a11 property insurance policies carried in connection with the Property or the contents of the Property. c. This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kii-id. There are not representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. d. This Lease shall be construed in accordance with the laws of the State of Minnesota and any action shall be venued in Dakota County. e. If any term of this Lease is found to be void or invalid, such invalidity shall not effect the remaining terms of this Lease, which shall continue in full force and effect. £ Landlord and Tenant each agree that they have been represented by counsel or have had the opportunity to be so represented and have participated in the drafting of this Lease. The parties hereto waive any rule of construction that would construe this L,ease against the drafter. IN WITNESS WHEREOF, Uus Lease was executed as of the day and yeaz first set forth above. LANDLORD: CITY OF EAGAN ? By: Its: Mayor ?Yl?..??.?..•?-. BY: lts: City Clerk TENANT: By: Its: STAT$ OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) On this Ls? day of (jcJaa? ?t ' -?°-, 2005, before me a Not Public within and for said County, personally appeared 4- and 11-ric- ??e; S? to me personally known, who being each by me duly sworn, e ch did say that they are respectiveIy the Mayor and Clerk of Uhe 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 Clerk acknowledged said instrument to be the free act and deed of said municipality. /n• r'4? - Publi li 3 ESOTA STATE OF OagEils 6 S5. 31,201 coulvTY oF -?1?3E?' } On this 3?)tday of 005p? b?efore me a Notary Public within and for said County, personally ap eared-?_GL Yi0_Q_ l1C?Ctx'?1 to me ersonally known, who being by me duly sworn, did say that he/she is the viYeC=0V- RO&E 45?'i,LPof Qwest . Corporation, a Colorado corpora6on. ;' pOTARy pPUBLIG ?47x; •.....•?c 6( :'hmmrssion ErpresNoe 11, 2008 THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Va11ey MN 55124 (952) 432-3136 (5AL 0206-04768) Bkmvdc • De W tl teAn - Fagr . Mweapd6 - Sim Faoe 52b1 Fesl Rrvm Roatl S? 308 wr?orreeoorw, eWresan ssaz+ r?a: 763?1zso0 Far. Msn.nse ' ?engineers ? -009Wm EXHIBIT A SHEET 1 OF 3 SHEETS Certificate of Survey for: QWEST CORPORATION Job Number: 61MM638 Location: City of Eagan, Dakota County, Minnesota See sheet 2& 3 of 3 for legal descriptions N SCALE: 1" = 30'1 NE COR NE 1/4 SEC 21 E. UNE NE t/4 SEC 21_? 214 5 . ? ?C ..wv Gi N pm ? N I w KINGSWOOD -POND ROAD ? N P.O.B. FOR LEASE AREA SL 22.00 =--? 0°. 10 ? o? r I° N g?° - 9b ? ? _ 22.0 ti? '70. ? ------------'--------167.38 -- 90. NON-EXCLU9VE LICENSE AREA 98.21 • -Denotes Monument Found JOB N0.:206.0382 SEC. 21, T. 27 N., R. 23 W., 4TH PM. CO.= DAKOTA ? N ). 1457939 893430° ?? ---------------- --- _--- ---57.62 ± ? ' I n 2' ? ' ' n 1 90 0 P.O.B. FOR Z z Q NON-EXCLUSIVE ? 0 -LICENSE a z > AREA 10 o Iv¢3 Z 0 f3o z loYO a ?o? S Y Q F tn O ?aW J I ?a I HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT WAS PREPARED BY ME OR UNDER MY OIRECT SUPERVISION AND 'fHAT 1 AM A DULY LJCENSED ND SURVEYOR UNDER E LAWS OF E STA OF MINNESOTA. DENNIS BO HETTI LIC. N0. 44488 * ? ZB ^ OCO DATE EXHIBIT ? Mmink.D? Lak,.-F?. V?Wft-?m FWb ?, ??. R? ?ft.= MmnnPolis, Mmn%oia 55421 Phoirc:7B9S71SSD0 Faz:789S1i.1168 ?engineers "'°lw°"riB"I EXHIBIT A SHEET 2 OF 3 SHEETS Certificate of Suwey for. Job Number. 61MM638 Location: City of Eagan, QWEST CORPORATION Dakota County, Minnesota Description of Property. The North 280.5 feet of the East 214.5 feet of the Northeast Quarter of the Northeast Quarter of Section 21, Township 27 North, Range 23 West, Dakota County, Minnesota. Descriotion of Lease Area: A lease area for telecommunication purposes over, under and across the herein before described property, described as follows: That part of the Northeast Quarter of Secfion 21, Township 27, Range 23, Dakota County, Minnesota, described as commencing at the northeast corner of said Section 21; thence southerly along the east line of said Sectian 21 a distance of 82.13 feet; thence westerly, deflecting to the right 89 degrees 34 minutes 30 seconds a distance of 167.38 feet to the point of beginning of the lease area to be described; thence continuing westerly, along the last described line and its westerly extension a distance of 22.00 feet; thence southerly, deflection to the left 90 degrees 00 minutes 00 seconds a distance of 40.00 feet; thence easteriy, deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 22.00 feet; thence northerly, deflecting to the left 90 deqrees 00 minutes 00 seconds a distance of 40.00 feet to the point of beginning. Contains 880 square feet, more or less. NO.: 206.0382 21, T. 27 N., R. 23 W., 4TH PM. OAKOTA ? Bkmmd. Oehvt lYrss- Faryo"MM¢apY¢: biue FaOs 5%11 Eai Riwr poaC uLNe 806 Mmnaapo6t. Mm? ? PAOne: 'lfi3.5/12500 Fai: 763.511.1168 engineers `"'e" -"el?c°" EXHIBIT A SHEET 3 OF 3 SHEETS Certificate of Survey for: Job Number: 61MM638 Location: City of Eagan, QWEST CORPORATION Dakota County, Minnesota Description of Non-Exclusive License Area: A non-exclusive license orea for telecommunication purposes over, under and ocrass the herein before described property, described as follows: Commencing at the northeast comer of said Northeast Quarter of Section 21; thence southerly 95.86 feet along the east line of said Northeost Quarter, thence westerly deflecting to the right 90 degrees 00 minutes 12 seconds 57.62 feet to the westerly right af way of C.S.A.H. No. 31 as shown on Dakota County Right of Way Map No. 25 and the point of beginning for the non-exclusive license area to be described; thence continuing westerly along the last described line 98.21 feet; thence southerly at right angles 17.43 feet; thence easterly at right angles 11.33 feet to the easterly line of the herein before described easement; thence northerly along said easteriy line of the herein before -described lease areo and it's northeriy extension to the southerly right of way of Kingswood Road as described in C.R. Doc. No. 1457939; thence easterly along said southerly right of way of Kingswood Road to soid westerly right of way of C.S.A.H. No. 31; thence southerly along said westerly right of way to the point of beginning. Contains 1,902 square feet, more or less. JOB NO.: 206.0382 SEC. 2 I, T. 27 N., R. 23 W., 4TH PM. CO.: DAKOTA Biemerk.0ehotlakes-Fapo. Nvieapd¢-Sious Fa& 5M1 East? Fmtl Suda30B MlnMepo6s, Mlnmsota 55C21 Phone: 769.5712500 Faz: 763571.1188 ?engineers w&: -Iwo.- EXHIBIT A SHEET 2 OF 3 SHEETS Certificate of Survey for: QWEST CORPORATION Job Number: 61MM638 Location: City of Eagan, Dakota County, Minnesota Description of Property. The North 280.5 feet of the East 214.5 feet of the Northeast Quarter of the Northeast Quarter of Section 21, Township 27 North, Range 23 West, Dakota County, Minnesota. Description of Lease Area: A lease area for telecommunication purposes over, under and across the herein before described property, described as follows: That part of the Northeast 4uarter of Section 21, Township 27, Range 23, Dakota County, Minnesota, described as commencing at the northeast corner of said Section 21; thence southerly along the east line of said Section 21 a distance of 82.13 feet; thence westerly, deflecting to the right 89 degrees 34 minutes 30 seconds a distance of 167.38 feet to the point of beginning of the leose area to be described; thence continuing westerly, along the last described line and its westerly extension a distance of 22.00 feet; thence southerly, deflection to the left 90 degrees 00 minutes 00 seconds a. distance of 40.00 feet; thence easterly, deflecting to the left 90 degrees 00 minutes DO seconds a distance of 22.00 feet; thence northerly, deflecting to the Ieft 90 degrees 00 minutes OD seconds a distance of 40.00 feet to the point of beginning. Contains 880 square feet, more or less. NO.: 206.0382 21, T. 27 N., R. 23 W., 4TH Pbl. OAKOTA EXHIBIT 401 EeppivvpoaE 5?308 ? Bmmmk .Debd ? -pp-Wwpob4h.Faft l.9meaGOfc' Afnswsel¢ 55421 Phons 7695712A0 Fet 789571.1168 ?engfneers EXHIBfT A SHEET I OF 3 SHEETS Certificate of Survey for: QWEST CORPORATION Job Number. 61MM638 Location: City of Eagan, Dakota Counfy, Minnesota See sheet 2& 3 of 3 for Iegal descriptions SCALE: 1" = 30' I NE COR NE 7/4 SEC 21 E. L1NE i NE 1/4 ' SEC 21--? . :: ': 4 I .? Hw . KINGSWOOD POND ROAD b n 0 N P.O.B. FOR LEASE ? AREA -? 5'LY R.O.W. KINGSWOOD ROAD PER C.R. DOC. IJO. --- -----------°-----------1fi7.38 ----- ?r00 - ? '?o. NON-IXCLUSIVE IJCENSE AREA g0• I? 98?21 $ a $I a 90 ? ? ?^ P.O.B. FOR J 11 33 NON-EXCLUSIVE 22.00 ucfxse AREA 0D. LEGEND • -Denotes Monument Found JOB N0.:206..0362 SEC. 21, T. 27 N., R. 23 W., 4TH PM. CO.: dAKOTA 214.5 I ? I u O I. ? 6934'30' M ? soro•iz" ?- z z 4 0 a?? ? N V } m 3a3 Z Z O?O 2 ? J a¢ U O I a I HEREBY CERl1FY THAT 7HIS SLJRVEY, PLAN, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY IJCENSED L6ND S URVEYOR UNDER E LA`NS OF E STA OF INNESOTA. DENNIS BD HE?TgTi LJC. N0. 44488 DATE ?Y" ? Z8 ^ OCO ? Rmd SuU? w?? ?? 554V Phmie: 7635/12' U Fmc 763.5/i.1168 ?engineerc "'eln. wrneJ11Bt- EXNIBIT A SHEET 2 OF 3 SHEETS Certificate of Survey for. Job Number: 61MM638 Location: City of Eagan, QWEST CORPORATION Dakota County, Minnesota Description of Property. The North 280.5 feet of the East 214.5 feet of the Northeast Quarter of the Northeost Quorter of Section 21, Township 27 North, Range 23 West, Dakota County, Minnesota. Descriotion of Lease Area: A lease area for telecommunication purposes over, under and across the herein before described property, described as follows: That part of the Northeast Quarter of Secfion 21, Township 27, Range 23, Dakota County, Minnesota, described as commencing at the northeost comer of said Section 21; thence southerly along the east line of said Section 27 o distance of 82.13 feet; thance westerly, deflecting to the right 89 degrees 34 minutes 30 seconds a distance of 767.38 feet to the point of beginning of the lease area to be described; thence continuing westerly, along the last described line and its westerly extension a distance of 22.00 teet; thence southerly, deflection to the left 90 degrees 00 minutes DO seconds a. distonce of 40.00 feet: thence easterly, deflecting fo the ieft 90 degrees 00 minutes 00 seconds a distance of 2200 feet; thence northerly, deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 40.00 feet to the point of beginning. Contains 880 square feet, more or less. JOB NO.: 206.0382 SEC. 21, T. 27 N., CO.: DAKOTA R. 23 W., 4TN PM. ?. DeLOtl IaVC. papo.WmpoW .9wsFb 520t EStPivmPOatl SJIe30B AGM 'G?' rm.SS1111G6M! ? PMne: 7835]1.25pp Fac 763571.1168 ?engineers "'el". -Wft- EXHIBIT A SHEET 3 OF 3 SHEETS Certificate of Survey for. QWEST CORPORATION Job Number. 61MM638 Location: City of Eagan, Dakota County, Minnesota Description of Non-Exclusive License Area: A non-excfusive license area for telecommunication purposes over, under and across the herein before described property, described as follows: Commencing at the northeast comer of said Northeast Quarter of Section 21; thence sautherly 95.86 feet along the east line of said Northeast Quarter, thence westerly deflecting to the right 90 degrees 60 minutes 12 seconds 57.62 feet to the westerly right of way of C.S.A.H. No. 31 as shown on Dakota County Right of Way Map No. 25 and the point of beginning for the non-exdusive license area to be described; thence continuing westerly along the last described line 98.21 feet; thence southerly at right angles 17.43 feet; thence easterly at right angles 11.33 feet to the easterly line of the herein before described easement; thence northerly along said easterly line of the herein before described lease area ond it's northerly exfens9on fo the southerly right of way of Kingswood Road as described in C.R. Doc. No. 1457939; thence easter{y atong soid southerly right of way of Kingswood Rood ta said westerly right of way of C.S.A.H. No. 31; thence southerly along said westerly right of way to the point of beginning. Contoins 1,902 squore feet, more or less. JOB NO.t 205.0382 SEC. 21, T. 27 N., R. 23 W., 4TH PM. CO.: DAKOTA BivnAd-Ddmtl Lalres • Fapp• Mmneaprd¢-Siam FaAc 5201 Easl Rivar Roatl 6Wfe309 Miniceapol's,lAnngvla 55421 - Phwre: ]63.5l12500 Fax: ]63.5]1.1168 engineers Web x"ala.m EXHIBIT A SHEET I OF 3 SHEEfS Certificate of Survey for: QWEST CORPORATION Job Number: 61MM638 Location: City of Eagan> Dakota County, Minnesota See sheet 2& 3 of 3 for legai descriptions N SCALE: 1 ° = 30' I NE COR NE 1/4?I SEC 21 ? ::L: :: i. 214.5 . .. ::? :: !• - F ..Vti KINC3W60D POND ROAD E. UNE NE i/4 SEC 21? b N ? P.0.8. FOR LEASE AREA -? SLY R.O.W. KINGSWOOD ROAD PER C.R. D0_ N0? --------------------------167.38----- 22.00 - a90. NON-E%CLUSIVEIJCENSE AREA 'Po W 98.21 °< vi g0 I ? ??? P.O.B. FOR ? NON-EXCLUSIVE ? LICENSE AREA '90. LEGEND • -Denotes Monument Found ,rog Na.:2os.osaz SEC. 21, T. 27 N_, R. 23 W., 4TH PM. CO.: DAKOTA ----------------- 8934'30? ? -- 5 M N soro'iz' i ( ? ; d o G I = Z r. a Qo? ? a °<3 Z O 3 0 , Z . oYO soF S " Q Y s F ?°1a¢ v 0 v ?. I HEREBY CERi1FY THAT THIS SURVEY, PLAN, OR REPORS WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED L ND SURVEYDR UNDER E LAWS OF E STA OF MINNESOTA. ? DENNIS BO HETTI LIC. N0. 44488 DATE ? ? Z8 ?' OCP ? EXHIBIT - ? ?/ BiemeNc-Oetrotlfakes-FVpo.Atinneapof¢.9oueFalls 5201 EeetFiverROatl SW1e308 Min?lis.Minnesola 55421 Phone: 70.5712500 Fe<: N3571.1168 engineers "'eb EXHIBIT A SHEET 2 OF 3 SHEETS Certificate of Survey for: Job Number: 61MM638 Location: City of Eagan, QWEST CORPORATION Dakota County, Minnesota Description of Propertv: The North 280.5 feet of the East 214.5 feet of the Northeast Quarter ot the Northeost Quarter of Section 21, Township 27 North, Range 23 West, Dakota County, Minnesota. Description of Lease Area: A lease area for telecommunication purposes over, under and across the herein before described property, described as follows: That part of the Northeast Quarter of Section 21, Township 27, Range 23, Dakota County, Minnesota, described as commencing at the northeast corner of said Section 21; thence southerly along the east line of said Section 21 a distance of 82.73 feet; thence westerly, deflecting to the right 89 degrees 34 minutes 30 seconds a distance of 167.38 feet to the point of beginning of the lease area to be described; thence continuing westerly, along the last described line and its westerly extension a distance of 22.00 feet; thence southerly, deflection to the,left 90 degrees 00 minutes 00 seconds a distance of 40.00 feet; thence easterly, deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 22.00 feet; thence northerly, deflecting to the left 90 degrees 00 minutes 00 seconds a distance of 40.00 feet to the point of beginning. Contains 880 square feet, more or less. JOB NO.: 206.0382 SEC. 2 i, T. 27 N., R. 23 W., 4TH PM. C4.: DAKOTA &vnaNc.Omcdl lahs. Fvgo. ASnieapof¢. Suwc Falk 5201 EastfliverRaatl Su11e3D8 M.apaG% Min? 5542t Phone: 763.571.2500 Far. ]63.5]1.7168 aengineers Wob: -.ulteig.mm EXHIBIT A SHEET 3 OF 3 SHEETS Certificate of Survey for: QWEST CORPOftAl10N Job Number: 61MM638 Location: City of Eagan, Dakota County, Minnesota Description of Non-Exclusive License Area: A non-exclusive license area for telecommunication purposes over, under and across the herein before described property, described as follows: Commencing at the northeast comer of said Northeast Quarter of Section 21; thence sautherly 95.86 feet atong the east fine of said Northeast Quarter, thence westerly deflecting to the right 90 degrees 00 minutes 12 seconds 57.62 feet to the westerly right of way of C.S.A.H. No. 31 as shown on Dakota County Right of Way Map No. 25 and the point of beginning for the non-exclusive license area to be described; thence continuing westerly along the last described line 98.21 feet; thence southerly at right angles 17.43 feet; thence easterly at right angles 11.33 feet to the easterly line of the herein before descfibed easement; thence northerly olong said easterly line of the herein before described lease area and it's northerly extension to the southerly right of way of Kingswood Road os described in C.R. Doc. No. 1457939- thence easterly along said southerly right af way of Kingswood Road to said westeriy right of way of C.S.A.H. No. 31; thence southerly along said westerly right of way to the point of beginning. Contoins 1,902 square feet, more or less. NO.: 206.0382 21, T. 27 N., R. 23 W., 4TH PM. DAKOTA vJ729/20i5 wE� ia: aa FAx 65i a50 7a0 pnrkoe Conetruation �DOi/OD3 . �� D/��S / Use eLUE or BIACK Ink �c� C� ��' ,-----------------, � Frn Office uas � • i Pa�n�: 3 � ,�� ; C�t of�a a� ; . - ; � � � Permit Fee: � 3930 Pilot Knob Road Eagan MN 561Z2 i i Daie Recalved�� ' �� Phone:(651�676-6675 � � Fax: (851)676-6694 � 8teff: � �� 2 g 1015 !------------ ' ____� 2015 COMMERCIAL BUILDING PERMI?APPLICATION � 7/29/2015 I oaa; 91te Addrsas`.3805� Pi 1 ot Knob RoaQ Ea9an, Mi nnesota 55122 � -- i Tenant Nema:Fagan O7 d Town�Ha 17 (Tenaet Is:_,_,.,New I_E�clsting) �ulte�: � Fo'rme�Tenant: , . Name: Ci ty of Edga11 Phone; 651-675-5675 Address/City/Zip: 3830 Pi 1 ot Knob Road Eaqan, Mlnnesota 55122 Appllcant is: _Owner �Contrector oescriptlon or work: Remodel 01 d Town Ha11 co�8t�,�o�co9c: 33s aoo.00 Name: Parkos Constructi on Company �icense�: BC001171 ' Address: 1010 S Robert Street �i�y. West St. Pau1 � � � "� state: �N zip: 55118 Pho�e; 651-4�5b-0031 , , co��act: Jack Parkos Eme;i: office@parkos�onstruction.com ;,�� Nama: Mohagen Hansen Registration#: ��,' � . ' � ` �� ' • � ,�; Address:1000 Twe1 ve Oaks Center Dri ve cicy; Sui te 200 Idayza�ta �� ;�ti��F��.;:�,,�.�� State:_ MN Zip: 55391 Phone; 952-426-7400 < '' ',•r,��,� r�, �, �..4 ,� � ;�, ,, . � ��°. �: '"+. �„� � '' �, cont��Person: Steve Ol i ver Erneu: sol iver@mohagenhanse�,com I Ucensed plumber inatalling,n�w sewerlwater eervlce: Phone�: ; `r'��( ��7 ;.�d��,.; ,: / i `,, .� ;, rc . , `� �. , "<�',M`,'�' ,S � ,�;'�°�k v�s' w � �M- �i', n ; ,. �i A �� 'r�'�,'' YSt, b,;��p.a•..�::i•�'*;�".`iv'•''"� ',>,C�Y , ��7 '�•�. �A � )�:�' '°� �1 K�� (f'� CAL�BEFORE YOU DIG. Call Oopher 8tabe One Cali et(651)45A-0002 for protectlon agalnst ur�lerground utility damage. Call 48 hours before you inte�d to dig fo re�sive locat�s of underground utilities. wavw.aooherstateonecall,oro I hereby acknowledge that this infortnatlon Is compiete and ac�u�ate; that th work will b onform ce wlth the ordinances and codes of the City oF Eegen; that I understand this Is not a permit,but only an a li a on Fo pe t,a work is not to start wlthout a permit;that the work will be in eccordance with the approved plan in the case i ul e ew and approval of plans, � John W Parkos Jr x Applicant's Printed Name qp g � � Page 1 of 3 f . � � �� h�b 4�-Q DO NOT WRITE BELOW THIS LINE �� SUB TYPES / _ Foundation �f Public Facility _ Exterior Alteration-Apartments _ Commercial/Industrial _ Accessory Building ExteriorAlteration-Commercial _ Apartments _ Greenhouse/Tent _ Exterior Alteration-Public Facility _ Miscellaneous Antennae WORK TYPES _ New _ Interior Improvement _ Siding _ Demolish Building* _ Addition Exterior Improvement Reroof Demolish Interior _ Alteration �Repair Windows Demolish Foundation _ Replace _ Water Damage _ Fire Repair _ Retaining Waii _ Salon Owner Change *Demolition of entire butlding—give PCA handout to applicant DESCRIPTION Valuation �:�Soo Occupancy � MCES System Plan Review Wa�VE D Code Edition ,0/S M58G SAC Units (25%_100%� Zoning �_ City Water Census Code Stories Booster Pump #of Units Square Feet PRV #of Buildings Length Fire Sprinklers Type of Construction v� Width REQUIRED INSPECTIONS Footings(New Buiiding) Sheetrock Footings(Deck) Final/C.O.Required Footings(Addition) � Final I No C.O.Required ,,/Foundation Other: Qrain Tile Pool:_Footings Air/Gas Tests Final Roof:_Decking _Insulation _Ice&Water Final Siding:_Stucco Lath Stone Lath Brick _�/Framing Windows fireplace:_Rough ln _Air Test Finai Retaining Wall ✓Insulation Erosion Control Meter Size: Concrete Entrance Apron Final C/O inspection: Schedule Fire Marshal to be present: Yes �No ` Reviewed By: I�1�,�Q� � , Building Inspector Reviewed By: ,Pianning COMMERCIAL FEES Base Fee U,1 A►JGD Water Quality Surcharge ^ �(P�'lt '�f� Water Sampling Fee Plan Review Wp�✓�p Water Supply&Storage(WACj MCES SAC Storm Sewer Trunk City SAC Sewer Trunk S&W Permit&Surcharge Water Trunk � Treatment Plant Street La#eral Treatment Plant(Irrigation) Street Park Dedication Water Lateral Trail Dedication Other: Water Quatity TOTAL Page 2 of 3 �-��° � ��C�I�'�:� A�� u1� Structural Testing and Special Inspection Statement of Special Inspections Project Name: Eagan Old Town Ha11—Re}�air and Restoration Location: 3R�5 Pii�t Kn�h u�a��r � � �� Owner: Citv of Eaean This Statemen�ofSpecial Inspections is submitted as a condition for permit issuance in accordance with the Special Inspection and Structural Testing requirements of the 2006 International Building Code as adopted by the current Minnesota State Building Code. It includes a schedule of Special tnspectiorr•services applicabte to this project and the identity of agencies to be retained for conducting these inspections and tests, This Statemerrt ofSpecial lnspections encompasses the following disciplines: � Structural ❑ Architectural ❑ Other: The Special Inspector shall keep records of ap inspections and shall furnish inspection reports to the Building Official,the Architect and Structural Engineer of Record. Discrepancies shail be brought to the immediate attention of the Contractor for correction. If such discrepancies are not corrected,the discrepancies shall be brought to the attention of the Building Official,the Architect and SER. The Special Inspection program does not relieve the Contractor of his or her responsibilities. Interim reports shalt be submitted to the Building Offrcial,the Architect and SER. A Final�eport of Special Inspections documenting completion of all required Special Inspections,testing and conection of any discrepancies noted in the inspections shall be submitted prior to issuance of a Certiftcate of Use and Occupancy. ACKNOWLEDGEMENTS Each appropriate representative shall sign below:. 1 �, Owner: �_ Firm: liGh► fl"� 4��,.�„� Date: , ��j(}—�� Contractor: � r� � Firm: �t�ic� r Date:��—��"` � Architect: � F�� nald & Mack Arch'tsDate: 5/1/15 � SER: Firm:Mattson Macdonald Youn�,Inc Date: 4/30/15 SI-S: F �--_ Firm: Mattson Macdonald Young,lnc Date: 4/30/15 � SI-T: Firm: � Date: TA: Firm: � Date: � F� Firm: Date: � � If requested by engineer/architect of record or building official,the individual names of all prospective specia! inspectors � and the work they intend to observe shall be identified. � � Legend: SER=Structural Engineer of Record SI-T=Special Inspector-Technical TA=Testing Agency � SI-S=Special Inspector-Structural F=Fabricator � , Accepted for the Building Department By Date � � � � � Page 1 of Z � � � � � Structural Testing and Special Inspection Program Summary Schedule Project Name Ea�an Old Town Hall—Repair and Restoration Project No. Location 3805 Pilot Knob Road��g�1'�/�� Permit No. (i) Technical(2 Type of Report Assigned Section Referto Description(3) Inspectar(4) Frequency(5) Firm(6) ' schedule on � dw S302 1704.4 4a Concrete Mix Desi ns NA Prior to Work Contractor 1704.4 4b,4c,4d Concrete Testin SI-T Per Visit TA 1704.6 6a Wood Assemblies NA � Prior to work Contractor 1704.6 6b Wood Assemblies SI-T Per Visit SER Notes: This schedule shall be filled out and included in the Structural Testing and Special Inspection Program. (1) Permit No.to be provided by the Building Official. (2) Referenced to the specific technical scope section in the program and the Special Inspections Schedule on the drawings(see sheet S302). (3) Use descriptions per IBC Section 1704,as adopted by Minnesota State Building Code. (4) Special Inspector-Technical,Special Inspector—Structural,Testing Agency. (5) Weekly,monthly,per tesdinspection,per floor,etc. (6) Firm contracted to perform services. . � � � � � � � � � � � � Page 2 of 2 � � � Oct 1515 08:47a Cities 1 Plb&Htg 651-487-1474 p.2 I, [Jse BLLlE or BLACK Ink � --------------, � For Office Use � I �y � C�b� Vl �� RECEIVEq ,\�r J i Pemtil#: / ��L� ; � 3830 Pilot Knob Roed 15 2015 D � � I Permit Fee: � �`y �� Eagan MN 53122 �� 1�� I ��(lj -1� � Phone:(651)675-5675 �� D I Date Received: � Fax:{651)675-5694 � I � Staff: � ��_��_��___��J 2015 MECHANICAL PERMlT APPLICATION ❑ Please submit two�2)sets of plans with all commercial applications; , Date: l�l�f`7' '—/�� Site Address: �!�L�'hi ��,/��'f'� ;��7[�a �'�� -„ 1 Tenant: =C2 C .c �=( �� < f� Suite#: � + � Narr�e: �i��U C�'� �C�C�C�L l� Phone: : Resident/Owner � � 3 . " ; Address l City i Zip:.�"��c 7�1� �: 1�,31' ��(;:iC� ��.('1 s..e.,..e.._._.��.--� Name: �.i`�1 Z=5 � � a. �i G l �1 Q.i�e�e�7�J � { ; � � '�� -}-J h�Cc�� u� c�ri_ ' -=,.( '' i Contractor r Address: . �r ��.;�� ', � � State: ��i Zip: �( ' Phone: ��!"7� :�7� �� 7 ' ;w.�.,...- - - ---- � Contact: � ( � �C_ Email: r2, 3 �� ""��.�.�' �2� , ( .r� I� �.'"`",s � ; ; � New Repiacement Additional AlteralioR Demolitlon � ', g Type of Work � Descr�ptEonofwork:�L�`��'1►Sh,(;a�1 �f��t��4� �%�'.v'�f C��1�-h�'G�,�" C.�.�� ' T NOTE:Roof rnounted and ground moumed mecFranical equipme�rt is required to be screenetf by City � � � Ge�+e, ot��ss�r.^.lr;:*+�s�Mecha�a6�!!�sRecicr�or i;:�.��::�::�s::�ilted s�r�:.::.y cr.e:::��s. � �_.__�.__`_..� ► e'k•`� ;; � RES/DENTIAL � CUMME IAL �� `�- �' ` .s�--n ; -�. i��,C�C.'�„ ,r,.�,o.. a �_Fumace New Construction i��nterior Improvement � ` " � � Pe�m it Type �—Air Co�di�ioner } _Install Piping _Processed °g ` � Air Exchanger ' �s Extereor JiVAC Unit � � � � _Heat Pump � U�derlAbove ground Tank �Insta�!_,Remove) ; _Other g � ,.�...._.�.�,.,,..��..,�...�._ c � RESJDENTIAL FEES � , � z $60.00 Minimum Add or alteration to an existing unit, includes State Surcharge a $10D.00 Residential EVew,inciudes State Surcharge =g TOTAL FEE # ;_ � COMAAERCIAL FEES ; � Contract Value$ �� `C��x A1 j � $60.00 Permit Fee Minimum � $70.00 l�nderground tank installatioNremoval =$ Permit Fee � ; � ? Surcharge=Contracl Value x$0.0005 -$ Surcharge � ; If the project valuation is over$1 million, please call for 5urcharge =$ TOTAL FEE � � I hereby acknowledge thal ihis information is complete and accurate; that the woric will be in conformance with the ordinances and codes of the Cily of Eagan;that I understand this is not a permit,hut only an applicalion for a pertnit,and work is not to start without a penni�that the woric+r�ill be in acoordanee with the appmved plan in the case of work which requires a review and approval of plans. x a�i(�'.�''1Ct�(� �C��C.�'("'� x '} �--'-��—� _-.--! _�� .�. Applicant's Prirsted Name Applican ignature FOR OFFICE LISE � �tequired Inspections: Reviewed By: , Date: 1 n Xj linderground ��Rough In Air Test �Gas Service Test In-floor Heat �inal FiVAC 5creening �.y� Use BLUE or BLACK ink �� t��C��!"c." � forOfficeUse ---------i I ��V� � �l� Of�� Il �o �/a•�x1' ' � � � � � Perrnit#: 1 3830 Pilot Knob Road � PermitFee: � Eagan MN 55122 � � Phone:(651)675-5675 �'^;G►� � � Date Received: � Fax:(651)675-5694 � � � Staff: � Oi,T 1 1 �u15 !---- - _ ��___�__�J 2015 MECHANICAL PERMIT APPLICATION ❑ Please submit two(2)sets of pfans with all commerc' applications. r� Date: � Site Address: �C,(./ �� /" /� v / K�(,� � '��--�C.Y Tenant: Suite#: ,.. � Name: 8 � � / e: � R�SEd�ti�/QWt}@C � , . ,,,,; � � ;''� Address/�i�� Zip:� � `� � � � �"� � � � � �' �� Name: � � License#: � � C4RfiI�Gfpr"" Address:.��1��--y� "�A�--;,/�� Ciry: ��Il State:_�/ q\L Zip: � Phone: � �� 7�� 4 � Contact: EmaiL �New Replacement Additional Alteration Demolition � r `Type�if Work Description of work: � � ; NOTE.RQaf mownte�l and gro�tnd mouniesi.rtsechanica�equ�pment is requir�d#o�s��een�d b ��ty`' > �ode� �lease�antac"t fh�Mechanicat tnsp�ctor�ar�rifarm�#ion o�'per�n�tt+�d scce�n�ng tt�efhc�is: RES/DENTfAL COMMERC/AL _Furnace • New Construction _Interior Improvement Air Conditioner Install Pi in Processed ;,R�TfTtl��yp€'��, � — P� 9 _ _Air Exchanger Gas Exterior HVAC Unit �Heat Pump Under/Above ground Tank �Install/_Remove) Other RES/DENT/AL FEES �a60.QQ I�lin'smum Add er a!tsration to an existing unit, includes State Surchar�e $100.00 Residential New, includes State Surcharge =$ TOTAL FEE COMMERCIAL FEES , Contract Value$ (1. x.01 $60.00 Permit Fee Minimum $70.00 Underground tank installation/removal =$ �� Permit Fee _$ � � Surcharge Surcharge=Contract Value x$0.0005 { if the project valuation is over$1 million, please call for Surcharge =$ i� � • V TOTAL FEE I hereby acknowledge that this information is complete and accurate; that the work will be in coqformance with the ordinances and codes of the City of Eagan;that I understand this is not a permit,but only an application for a permit,and work is t to st8rt without a permit;that the work wili be in accordance with the approved plan in the case of work which requires a review and approval of plans. x �L/��+�� i�� Applicant's Printed Name � Applicant's Signature � FOR�FF[�E USE � ' �� ; . Requ�red Inspections `' ' Retrrewed By "��,. Date �� , , � �. � � ,. � �� ,, �� , ; , :... 'Und,erg�ountl; ; ;: Rougtt f� ;; AiF'T��t, ':." Gas Servi�e'(`est ' lrt=flo4r}�Ceat ,.F F�r�a1 : EE�fAC°Sctee�tmg?,,;. : Use BLUE or BLACK Ink �----------------, � For Office Use � � � I Clt of �a aIl � Permit#: f� ��j � / � � EIVED � PermitFee: ('�� G( �`�Cl. 3830 Pilot Knob Road RE� � I Ea an MN 55122 N� � $- I Phone:(651)675-5675 �EC a � 10�5 �� Date Received: �' �� Fax:(651)675-5694 �'�� J�� I ,r� I Staff: � �---------- __��__J 2015 COMMERCIAL FIRE ALARM PERMIT APPLICATION Date: 02 Site Address: J�Q J f � `d 7 C�,D� �'"`cl ��C.�a� ��V Tenant: [ � - � ' ` U � Suite#: I' � ` � ��'�� (I��P�'� �, Name: �� o� ��n -� �ds� l�.�t�S��; Phone: �Ir��—�P 7.�"J��.� P�''��1"t�/(�'��'1+E:1'�,� Address/Cit /Zi � o � �Ctqo/� . �C'�.� ��J�a�oZ (III�II�I�, � ��9 i Y P�_ ��3(� V � � �✓ua� ��a y�� p�''',,;,�� ,�� . 1 Applicant is: Owner Contractor � _ �ii� ,. �� (� / �� .�f �i� �� Descriptionofwork: �Q,�J ��- ir��..�¢��e��eS AS��.�nn �'�JirY��G� 1'�'r11/S � I� � u�� II� � ' ` /.2 � '�� 'i5 � Construction Cost: Estimated Completion Date: �3 (�' �� h, � u „, �� '' ( ` Name: �� License#: �AO� ��S ''` ��w �` � �Ih ��Ih� �� ,� ( ��'��!� � � �� Address: �� . �� City: ��.,0 �2 �-o✓P � ��l�t"�i �` r i� � � � � , � � State:�Zip: SS3(p�j Phone: �Illu I � �P� I�� i, i� �� '��. �Cc�� la�' 7�Z.��o ��)�� I@ I �� Contact: �t G� ��n� Email: 1�1 rG� 1� f�:��Cc9-Co^'1 �� ,� ��1� u „ � � � �New Remodel ��' �� I� �� — �'��U" �� ' ,i, � , �,, �,'PU� � � _Addition _Other: �� r�� , � � � � January 26, 2016 Mattson Macdonald Young structural engineers Steve Oliver Mohagen/Hansen Architectural Group 1000 Twelve Oaks Center Drive Suite 200 Wayzata, MN 55391 Re: Eagan Old Town Hall '3$ o Dear Steve: Bassett Creek Business Center 901 North 3rd Street, #100 Minneapolis, MN 55401 612-827-7825 voice 612-827-0805 fax �i 10-4 icKnb mac( The work to repair and restore the Eagan Old Town Hall is now substantially complete. During the course of the construction, we have made periodic site visits to view the structural work being performed. In addition, we have reviewed the shop drawings and product information submitted by the contractor that is related to our work. As a result of our review and site visits, it is my opinion that the work performed by the contractor is in accordance with the requirements of the structural design. We were pleased with the quality of work exhibited in the project. If you have any questions concerning the above, please do not hesitate to contact me. Sincerely Mattson Macdonald Young, Inc. David H. Macdonald P.E. mm01-26a.docx Page 1 of 1 I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly licensed Professional Engineer under the laws of the State of Minnesota. David H. Macdonald P.E. 1/26/2016 MN Reg. No. 14751 15048