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2700 Lone Oak Pkwy - Planned Development AgreementLONE OAK HEIGFITS PLANNED DEVELOPMEN'T AGREEMENT CITY OF EAGAN DAKOTA COUNTY, TfLNNES(YfA THIS PLAi313ED DEVELOPM= AGREEMENT, made and enteted into this day of Minnesota, (Eagan), 1396 Lone Oak Road, , 19 , by and between the CITY OF EAGAN, Dakota County, and MaItin Shields and Myrtle Shields with address at Eagan, MN (Owner), and Thomas W. Prokasky with address at 1102 W2sley Temple Bldg, Mpls, (Developer). ' S5403 WITNF.SSETH: WHEREAS, Developer proposes a Planned Development in F.agan to be known as CL-on'e Oak Hei-ghts-7 pT]D (the Development) more particularly described in Exhftits attached hereto and incorporated herein by reference (the Exhibits), conta fourteen (14) acres of land more or less, sald land legally described in Exhibit "A" (the Suhject Land); and Whereas, IIeveloper and 0-wztez have agreed that Developer may proceed with the Development and terms of this Agreement; and, WF3EREAS, it Ss the intention of Developer to proceed with the Development whezety the Subject Land will be subdivided pursuant to Minnesota Statutes, Chapters SOS and 462, and the Subdivision Ordinance of Eagan providing for the platting of land and to obtain final approval from Eagan for plats as the Devzlopment progresses; NOW,THEREFORE, it is hereby agreed by and between the parties hereto as follows: 1) Development. Owner intends to have Developer develop the Subject Land substantially in accordance with the general plans shown on the Exhibits and Eagan agrees to permit the Development subject to obtaining final approval for each plat of the Development from Eagan before proceeding, with any wrk on said plat, unless otherwise agreed by Eagan. In the event thst [he agreement between the Oc,mer and Developer relating to the development of the Subject Land is terminated, and this Agreement has not been terminated, then wherever Developer is designa[ed herein Ovner shall, upon writ[en notice to EaRan, be automatically substitu[ed to and for Developer and be subject to all abligatiors, conditions, ze(juirements, and provisions of Developer, and be entitled to all rights and benefits herein re2atting to Deve2oper. 2) Exhibi[s. The Exhibits attached here[o, incorporated herein by zeference and made a part of this Agreement are: Exhibit "A" - Legal Description Exhibit "B" - Ske[ch Plan Exhibit "C" - parke, Wetlands and Circulation Plan Exhibit "D" - Lend Uee Plan Exhibit "E" - Dedicated Areas Requirements and Credit FSchibit "F" - Street Acceas Mep Exhibit "G" - Denaity Chart (Eagan Ordinance 52.07, Subd. SB) Exhibit "fl" - Staging Plan 3) Approval by Eagan. Eagan hereby approvea the Development as shown in the Exhibits; provided, however, that insofar as the Exhibits may vary from the written terms of thie Agreement, said written terms shall govern. 4) Term of Planned Development. Developer shall complete the Development vithin five (5) years from the date hereof, so long as F.agan grants timely approval of each plat of the Development, and the Agreement shall be subject to annual review by the City of Eagan. 5) Rezoning. On Februarv 18. 1975 , Eagan re2oned the Subject Land to PZanned Developmen2 District pursuant to the current Eagan Ordinance No. 52, as amended to August 17, 1976, governing Planned Development Districts. Any removal of the superimposed Planr.ed Development District zoning or termination of this Agreement shall automatically result in the Subject Land being zoned only as the preexisting zoning classification, R-3 R-4 Residential Townhouse and Multiple. 6) Density. Density of housing units (Lnits) in the Development shall be as more particularly shown in Exhibit "D"; provided, however, that the following specific conditions shall apply with respect to density: (O1) Eights (80) dwelling units constructed as one apartment building and sixty-two (62) dwelling units constructed as townhouses. (02) Densities shall be as shown on the Density Chart (Exhibit "G"). The number of units specified in this paragraph is a maximum; Iess density shall be permitted in Developer's sole discretion. 7) Major Street Dedication. Owner and Developer agre2 to dedicate as a part of each plat all streets, except private driveways or parking areas, within such plat. Dedication shall be made for streets within a plat upon recording of the final plat. Eagan's approval of a final plat shall 3nclude an assumption of the public duty to maintain the dedicated street or streets vhen construction is completed according to plans approved by Eagan. A[ the time of final plat approval, Developer shall dedicate such pazt of the Subject Land as necessary to provide the following widths for that portion of the following major thoroughfares lying vithin the approved plat. (01)County Road 31 - 150 feet (02) County Road 26 - 100 feet 2 In the event any of the abwe thoroughfares abut land not aubject to this pgreement, the Developer shall only dedicate one-half of the necessary right-of- vay to provide the abave-stated widths. Street widths not deecrlbed above shall comply with applicable provisions of the Eagan Subdivision Ordinance at the time of approval of the appropriate preliminary plat. 8) Majoz and Minoz Street Access. Developer shall have access to major thoroughfares abutting platted lands as agreed upon between the parties at the time of each plat. Approval of a final plat shall pezmit access to majoz thoroughfares only as shown on Exhibit "G" or, in the altemative, the Developer ehall deliver to recordable covenants restricting access for the part3cular plat to those locations show on Exhibit "G". However, if subsequent events, particularly development on the opposite sides of said major thorouRhfares, indicate that additional accesses are advisable based on sound planning practice,, Eagan agrees to reasonably consider Developer's application for said additional access. 9) Assessments. The parties mutually agree that all public improvements requized and installed by Eagan related to the Development shall be assessed pursuant to Chapter 429 of Minnesota State Statutes. 10) Park Trail and Pond Dedication. (a) Parks, trails and ponds shall be dedicated as followe: Developer and Owner Will dedicate to Eagan at the time of final plat approval certain parts of the Subject Land as public parks, trail easements, trailways or storm water holding areas (collectively, Dedicated Areas). The Dedicated Areas are shown generally on Exhibit "C". She total acreage of Dedicated Areas, manner of dedication and credit given pursuant to Fagan ordi- nances for required dedication are specified on Exhibit "E". Developer and Owner will make such dedication for park land by warzanty deed and for a trailway or ponding area by a designation as such on the final plat. Owner shall pay all assessments, levied or pending, prior to the dedication under this paragraph. Pse of dedicated areas will be unzestricted except as required by applicable Eagan ordinances and other relevant laws. 11) Sidewalks. Concrete sidewalks, in such widths and in such location as required by the applicable ordinance of Eagan in effect at the time of final plat approval, shall be constructed for lands within a plat contemporaneously with the improvement of stzeet vithin the plat and be paid for by the Developer. 12) Street Lights. Developer agrees to provide and Eagan agrees to accept a street lighting system for each plat pursuar.t to the applicable ordinance in effect at the time of a final plat approval. The system shall be subject to appzoval by Eagan and shail be implemented under the following provisions: (01) The Developer shall pay all charqes for each light installed as per the approved street lighting plan. (02) The Developer shall pay all operating costs of the street lighting system until the Development is 90% completed and accepted by the City of Eagan. 3 (03) Thereaf[er the G1ty of Eagan vill assume operating costa which will be billed equally to all homes or lots benefited in the subdivision, and the Developer will inform prospective purchasezs of hones or lots to this effect. The Developer shall continue to be responsible for undevelaped lots regardless of subsequent ownership. 13) Building Setbacks. Building setbacks shall be those established by the Eagan Zoning Ordinance fn effect at the time of final plat approval. Any deviation shall require approval of the Eagan City Council. The following shall be the minimum required buflding setback for any building in any yard in all zoning districts along any interstate or state highway, major thoroughfares or minor thorovghfares, either existing or proposed as shown on the cvrrent City of Eagan "Thoroughfare Plan": Thoroughfare Right-of-Gay Width Minimum Setback Interstate or State Highway Major Thorovghfare ?tajor Thoroughfare Minor Thoroughfare 150 feet 100 feet 80 feet 50 feet SO feet or 125 feet from right-of-way centerline, vhichever is greater 50 feet or 100 feet from right-of-way centerline, whichever is greater 40 feet or 80 feet from right-of-way centerline, whichever is greater 14) Preservation of Trees. Developer agrees to comply with Eagan Ordinances currently in effect related to preservation of trees and specifically will exercise reasonable efforts in residential areas to save mature, undiseased trees on the Svb- ject Land which do not have to be removed for reasonable installation of buildings, streets, sidewalks, utilities or drainage improvements and construction activities related thereto. Developer agrees to mark tzees to be saved over six (6) inches in diameter as measured at a point two (2) feet above grade that are adjacent to construction areas with a red band prior to any excavation, and to protect such trees by snow fences or other suitable enclosures and notify Eagan when the enclosures are completed prior to any excavation, 1f required by Eagan. Eagan recognizes that development of those areas designated for nonresidential use on Exhibit "D" will require extensive grading, filling and removal of trees. All dtseased trees shall be removed according to City ordinance requirements. 15) Retaining Walls. Parts of the Subject Land may be uneven wlth respect to topography and it is p,enerally the intent of both F.agan and Developer to reasonably retain the existing topography consistent with normal constructfon practices and necessities and Developer agrees to building retalning walls pursuant to reasonab2e requests of Eagan as the developmen[ progresses. 4 J 16) Screening. Coincidental with the eubmission of each plat foz final approval, Developer shall submit a Iandscape and screening plan for any residential lots with a side yard or rear yard abutting a major or minor arterial or collector street. Eagan may require reesonable landscaping and screening of eaid lots abutting on such public streets at the expense of Developer and vhere said screening is required, it shall be a part of the Developer's Agreement required by Eagan for the plat and be campleted prior to release of the subdivision or landscape bond as provided in that Agreement. 17) Compliance with City Ordinances. Developer and Ovner agree to comply with all Eagan Gity Council Ordinances. 18) Notices. Whenever in this Agreement it shall be zequired or permitted that notice or demand be given or served by either party to this Agreement to or on [he other party, such notice or demand shall be delivered pezsonally or mailed by United States mail to [he addresses herinafter set forth by certified mail (return receipt requested). Such notice or demand shall be deemed timely given vhen delivered per- sonally or when deposited in the mail in accordance with the above. Notice sent by one party shall be sent to the other two (2) parties. The addresses of the parties hereto are as foliows, until changed by notice given as above: If to the CITY, at: City of Eagan 3795 Pilot Knob Road Eagan, MN 55122 If to the Owmer, at: If to the DEVELOPER, at: Martin and Myrtle Shields 1396 Lone Oak Road Eagan,MN 55121 Thomas W. Prokasky 1102 Wesley Temple Building Minneapolis, MN 55403 19) Binding Agreement. This Agreement shall be binding upon the Owner and Developer, their successors and assigns, and upon [he City of Eagan until terminated. The rights and remedies granted to Eagan herein ehall be enforceable only by Eagan and not by other persons or p>rties. IN WITNESS WHEREOF, the patties hereto have executed this Agreement as of the day and year first above written. CITY OF EAGAN (SEAL) Ormer ay Its AND Its By Its Mayor And Its Clerk Developer: By It 5 And It MIIvtO T0: TOM HEDGES, CITY ADMINISTRATOR FRCM: DALE PETERSON? PROTECTIVE INSPECTIONS DATE: OCTOAER 20, 1981 SUDJECT: CONSTRUCTION OFFICE LOCATID AT LONE OAK ROAD AND PILOT KNOB ROAD Owned By: Orrin Aune and Gregg Vogelpohl DBA - Midwestern Association Proposed Developers of Lone Oak Heights In early July of 1981 the trailer owners inquired about Eagan Ordinance requirements on trailers. They were informed that Ordinance N2 allows on-site trailers as temporary construction offices. The proponents did not want the office on-site on the Lone Oak Heights parcel so they applied for a special permit in Section 21 on property owned by Norman Vogelpohl. The council denied the application at the August 4, 1951 meeting. The trailer owners than felt they were allowed to place it on the Lone Oak Heights property as a temporary construction office. As no on-site construction had been approved or started, the owners were advised to move the trailer on October 15, 1981. On October 16, 1981 the office was closed and an alledged attempt is being raade to relocate the office. The name Countryside Builders, Inc. has been mentioned in con,junetion with this project but the owners of Countryside Builders, Inc, have never heard of either Mr. Aune or Mr, Vogelpohl. Sincerely, f?t•--- Da e . Peterson DSP/bar MEMO TO: DIANE DOWNB, UTILITY BILLINa CLERR FROM: EDWARD J. RIRSCHT,, SR. EN6INEERING TECH DATE: NOVEMBER 15, 1990 SUBJECT: STREETLIGHT ENERGY COSTS FOR NORTHWEST AIRLINEB, INC., 2700 LONE OAR PARRAAY PROPERTY I.D. NO. 10-45700-010-01 This memo is to inform your department to start to invoice the energy costs for two street lights located at the intersections of Lone Oak Parkway and O'Neil Drive and Lone Oak Parkway and Northwest Parkway with the next utility billing for Northwest Airlines, Znc., Lot 1, Block 1, Lone Oak Addition. Invoice Northwest Airlines $80.00 per quarter for the two above mentioned street lights. The City is currently being billed by Northern States Power for the street light enerqy costs for two street lights which serve Northwest Airlines. ce&'tt4 2J &1? q Edward J. rsIcht, Sr. Engineering Technician cc: Michael P. Foertsch, Assistant City Engineer EJK/jf MEMO TO: CITY ADMINISTRATOR HSDGSS CITY PLANNBR RIINRT.R PDBLIC WORRS DIRBCTOR COLBBRT BIIILDING INSPECTOR PBTSRSON FROM: STSVS SCHWANRE DATS: AIIGOST 18, 1986 SDBJSCT: WACHOVIA INDIRECT SOIIRCS PI3R14IT '- -;0a?? eAKI l?AR K fldd nA Please find enclosed a copy of the Indirect Source Permit issued by the Minnesota Pollution Control Agency to the City of Eagan and Wachovia Bank and Trust Company. This permit is for the approximate 267 acre Wachovia development which is located in the southern 1/2 of the Laukka-Beck planned development and regulates the construction activity and subsequent trip generation and traffic flow patterns produced by the Wachovia development. Furthermore the permit obligates the City of Eagan and the Wachovia Bank and Trust Company to perform a variety of activities which are scheduled to cease upon the completion of project construction. Most importantly for the City of Eagan is the requirement that land use and traffic reports be prepared related to project activity and that - the Minnesota Pollution Control Agency be notified when and if violations of the permit appear to be occurrin9. An implementation plan for the Wachovia lndirect Source Permit will prepared in the next few weeks and forward to you for your consideration. Feel free to contact me if you have any concerns or questions regarding the content of this permit and/or the implementation plan. I e?& h- Planner I Attachment SS/cks . g ? Js Y ? v DRAFT 8/5/86 INDIRECT SOURCE PERMIT ISP 86-7 to construct WACHOVIA EAGAN MIXED-USE DEVELOPMENT in the City of Eagan in Dakota County, Minnesota In accordance with Minnesota Statutes Chapters 115 and 116 (1984), Minn. Rules Parts 7001.0010 to 7001.0210, Rules Relating to Permits and Minn. Rules Parts 7001.1250 to 7001.1350, Rules Relating to Indirect Source Permits, State Noise Standards set forth in Minn. Rules Parts 7010.0010 to 7010.0080, and Minn. Rules Part 7005.0550, A Rule Relating to Control of Fugitive Particulate Matter, plans are approved and an Indirect Source Permit is hereby issued to First National Bank of Minneapolis As Ancillary Trustee for Wachovia Bank and Trust Co, N.A., as Trustee for Its Diversified Funds for Retirements Trusts (hereafter First National or the first permittee) and the City of Eagan (hereafter Eagan or the second permittee) 3830 Pilot Knob Road Eagan, Minnesota 55122 for construction of the following project under the conditions set forth herein. PART I DESCRIPTION - The project is a 267.3-acre site located south of Blue Gentian Road between Delaware Avenue and Trunk Highway (TH) 149, in Eagan, Minnesota. This permit authorizes construction of indirect sources and their associated parking spaces on the project site (hereafter also called "the project"), subject to the limitations contained in the Specific and General Conditions listed below. This permit does not authorize any construction of additional roadways needed for the project which would otherwise require a separate indirect source permit (hereafter ISP.) The project is expected to be a mixed-use development which will include retail, office, office/showroom, and research and -1- . I DRAFT 8/5/86 development land uses, built in four phases of five years each, beginning in the year 1985, and ending in the year 2005. The expected phases, land uses, floor areas, parking spaces, and assumptions for percentage of office and warehouse/manufacturing distribution are as shown on Table 1 of the Indirect Source Permit Application (hereafter ISP A? timplication.) The exact types of land uses are unknown.at this e since they are subject to market conditions. The project will have no more than11,732 associated parking spaces. Exhibits and plans which Purther describe the project are in the information which was submitted to the Minnesota Pollution Control Agency (hereafter Agency) in support of the application for this permit. That information includes the Final Environmental Impact Statement (hereafter Final EIS) and ZSP Application. The data provided were used determining the conditions of this permit. PART II SPECIAL CONDITIONS 1. Definitions. a. Authorization of construction. The phrase "authorize construction" means Eagan may authorize or allow the_ issuance of any necessary building permits for construction. b. Commencement of construction. The term "commencement of construction" shall have the same meaning given it in Minn. Rules Parts 7001.1250, subp. 7. - c. Travel Demand Management Program. The term "Travel Demand Management Program "(hereafter TDM Program) shall mean a program created by the first permittee, and designed to mitigate the traffic congestion resulting from Phases 3 and 4 construction, by reducinq the number of peak hour and daily trips generated. d. Developer and Builder. The term "developer" shall mean any person or persons who are seeking or have sought site plan approval from the Eagan City Council for any portion of the project. The term "builder" shall mean any person or persons with whom a developer has contracted to commence construction on any portion of the project for which final site approval has been received. e. P.M. peak hour. The term "p.m. peak hour" shall mean that hour of traffic which most closely approximates in terms of volume the 30th highest hourly volume of the year. f. Director. The term "Director" shall mean the Director of the Division of Air Quality of the Agency. - 2- a DRAFT 8/5/86 g. Executive Director. The phrase "Executive Director" shal'1 mean the Executive Director of the Agency. h. Design Changes. A proposed modification of the project described in Part I of this permit, including modifications of buildings, parking, roadway improvements, and land uses, shall be considered a "design change" if it meets any of the following criteria: (1) the modification would lead to a material adverse effect on air quality by altering mobile source activity. (2) the modification would violate any specific conditions or general conditions of this permit. (3) the modification would (1) contradict information or text contained in the materials submitted in support of the application for this permit and (2) lead to a material effect on air quality by altering mobile source activity. The materials submitted in support of the application for this permit are the Final EIS and the ISP Application. 2. Authorization of construction. The Agency hereby authorizes construction of the project as described in Part I subject to the requirements listed in the remaining Special and General Conditions and subject to receipt of authorization of construction from Eagan. Modifications of the project as to amounts and types of land uses shall be subject to the provisions of Special Condition 6 if they consititute design changes. 3. No Actions to Violate Permit. In no case shall Eagan authorize construction for any indirect source including its associated parking covered by this permit, if the developer of that source or either permittee has not complied with any condition of this permit. If, after aUthorizing construction of any indirect source, Eagan learns that the developer of that source is violating any condition of this permit, it shall, within five (5) days, inform the Director of the violation. In addition, both permittees shall use best efforts to prevent or restrain any of their employees or any person retained by the permittees on a fee for service basis from knowingly taking actions, promoting policies, or signing contracts which encourage developers or builders of the properties constructed by this permit to violate the terms of this permit. -3- DRAFT 8/5/86 4. Duties required under Exhibit A. The permittees shall perform the duties imposed on them by Exhibit A. 5. Noise. To control noise at the project, Eagan shall require that all developers, as a condition of all grading and/or building permits on the project for which Eagan may authorize construction, comply with the conditions below. Zf the first permittee is the developer, the first permittee shall perform the items set forth below. In any lease agreements, sale agreements, or purchase agreements with all future developers, the first permittee shall include a provision requiring the developer to comply with the conditions below: a: ensure that all engines and engine-driven equipment used,, '% " in construction and/or maintenance of the project are, fitted with adequate mufflers that are properly maintained and in constant operation; " ?b. ensure compliance with Minn. Rules Parts 7010.0010 to 7010.0080. c. comply with local ordinances governing noise restrictions on construction. d. comply with the requirements of the Guidelines for Land Use Compatibility With Aircraft Noise, Amendment to Aviation Chapter, Metropolitan Development Guide. 6. Design Changes. Before implementing any design change, the first permittee shall notify the Director of the design change and shall submit such information as the Director may reasonably require to determine the effect of the design change. 7. Fugitive Emissioris. To control fugitive emissions at the project, Eaqan shall require that all developers, as a condition of all grading and/or building permits on the project for which Eagan may authorize construction, comply with the conditons below. If the first permittee is the developer, the first permittee shall perform the items set forth below. In any lease agreements, sale agreements, or purchase agreements with all future developers, the first permittee shall include a provision requiring the developer to comply with the conditions below: a. spray construction areas and haul roads with water, oil, calcium chloride or other effective preparations to the extent necessary to'ininimize fugitive emissions, especially during periods of steady winds exceeding 30 miles per hour or hiqh levels of construction activity; -4- DRAFT 8/5/86 b. wet ramps at the construction site and wash the streets surrounding the construction site on a daily basis to limit dust reentrainment, except when the streets are wet from precipitation or when such actions will result in freezing of the agent liquids during freezing temperatures; c.. ensure that the surface hardening agents, wetting or chemical agents, foam agents and oils are applied so they do not cause groundwater or surface water contamination in violation of any applicable water pollution control statute or rule; d. take any practical measures to prevent avoidable amounts of particulates from becoming airborne from trucks hauling materials to and from the site; e. cease particulate-producing activities during periods of steady high winds exceeding 30 miles per hour; f. take any additional measures required by Minnesota Rules Part 7005.0550, "Preventing Particulate Matter from Becoming Airborne." 8. Notification of Eagan Changes. The Eagan Planning Director shall notify the Director at least ten (10) days in advance of the date of any public meeting of the Eagan City Council in which items to be considered would, if enacted in the form proposed, result in the inability of Eagan to comply with the provisions of this permit. In the event that an item is enacted in a form which would result in the inability of Eagan to comply with the provisions of this permit, the Eagan Planning Director shall notify the Director the next working day. PART III. GENERAL CONDITIONS 9. The Agency's issuance of a permit does not release the permittees from any liability, penalty, or duty imposed by Minnesota or federal statutes or rules or local ordinances, except the obligation to obtain the permit. 10. The Agency's issuance of the permit does not prevent the future adoption by the Agency of pollution control rules, standards, or orders more stringent than those now in existence and does not prevent the enforcement of these rules, standards, or orders against the permittees. 11. The permit does not convey a property right or an exclusive privilege. 12. The Agency's issuance of a permit does not obligate the Agency to enforce local laws, rules, or plans beyond that authorized by Minnesota statutes. -5- DRAFT 8/5/86 13. The permittees shall perform the actions or conduct the activity authorized by the permit in accordance with the plans and specifications approved by the Agency and in compliance with the conditions of the permit. 14. The permittees shall at all times properly operate and maintain the facilities and systems of treatment and control and the appurtenances related to them which are installed or used by the permittees to achieve compliance with the conditions of the permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. The permittees shall install and maintain appropriate back-np or auxiliary facilities if they are necessary to achieve compliance with the conditions of the permit and, for all permits other than hazardous waste facility permits, if these back-up or auxiliary facilities are technically and economically feasible. 15. The permittees may not knowingly make a false or misleading statement, representation, or certification in a record, report, plan or other document required to be submitted to the Agency or to the Executive Director by the permit. The permittees shall immediately upon discovery report to the Executive Director an error or omission in these records, reports, plans, or other documents. 16. The permittees shall, when requested by the Executive Director, submit within a reasonable time the information and reports that are relevant to the control of pollution regarding the construction, modification, or operation of the facility covered by the permit or regarding the conduct or activity covered by the permit. 17. When authorized by Minnesota Statutes, sections 115.04; 115B.17, subdivision 4; and 116.091, and upon presentation of proper credentials, the Agency, or an authorized employee or agent of the Agency, shall be allowed by the permittees to enter at reasonable times upon the property of the permittees to examine and copy books, papers, records, or memoranda pertaining to the construction, modification, or operation of the facility covered by the permit or pertaining to the activity covered by the permit; and to conduct surveys and investigations, including sampling or monitoring, pertaining to the construction, modification, or operation of the facility covered by the permit or pertaining to the activity by the permit. 18. If the permittees discover, through any means, including notification by the Agency, that noncompliance with a condition of the permit has occurred, the permittees shall -6- DRAFT 8/5/86 take all reasonable steps to minimize the adverse impacts on human health, public drinking water supplies, or the environment resulting from noncompliance. 19. If the permittees discover that noncompliance with a condition of the permit has occurred which could endanger human health, public drinking water supplies, or the environment, the permittees shall, within 24 hours of the discovery of the noncompliance, orally notify the Executive Director. Within five days of the discovery of the noncompliance, the permittees shall submit to the Executive Director a written description of the noncompliance; the cause of the noncompliance; the exact dates of the period of the noncompliance; if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. 20. The permittees shall report noncompliance with the permit not reported under General Condition 19 as a part of the next report which the permittees are required to submit under this permit. If no reports are required within 30 days of the discovery of the noncompliance, the permittees shall submit the information listed in General Condition 16 within 30 days of the discovery of the noncompliance. 21. The permittees shall give advance notice to the Executive Director as soon as possible of planned physical alterations or additions to the permitted facility or activity that may result in noncompliance with a Minnesota or federal pollution control statute or rule or a condition of the permit. 22. The permit is not transferable to any person without the express written approval of the Agency after compliance with the requirements of Minn. Rules Part 7001.0190, subp. 2. A person to whom the permit has been transferred shall comply with the conditions of the permit. 23. The permit authorizes the permittees to perform the activities described in the permit under the conditions of the permit. In issuing the permit, the state and Agency assume no responsibility for damage to persons, property, or the environment caused by the activities of the permittees in conduct of its actions, including those activities authorized, directed, or undertaken under the permit. To the extent the state or Agency may be liable for the activities of its employees, that liability is explicitly limited to that provided in the Tort Claims Act, Minnesota Statutes, section 3.736. 24. Approval to construct or modify shall become invalid if construction or modification of the indirect source is not commenced within 24 months after receipt of the approval. -7- DRAFT 8/5/86 The Agency may extend this time period upon a satisfactory showing that an extension is justified. The permittees may apply for an extension at the time of initial application or at any other time thereafter. Dated: J. Michael Valentine Director Division of Air Quality -8- r DRAFT 8/5/86 EXHIBIT A: REPORTING REQUIREMENTS I. Eagan shall establish and implement a monitoring program containing the reporting requirements contained herein. Eagan shall further provide for one or more persons to perform the reporting duties of Sections II and III-A below. II. Annual Reporting of Land Uses. Beginning January 4, 1987, Eagan shall submit to the Director on an annual basis a report of the types of land use built or under construction, their existing or anticipated square footage, and number of associated parking spaces in the project until project construction is completed. III. Traffic Reporting. A. Biannual Report. Eagan shall submit a biannual reoprt to Director?beginning on March 4,; 1998. Eagan shall either conduct the necessary studies itself or hire an independent consultant to prepare the report, but shall be entitled to recover the costs from any and all developers. The report shall contain the following information: - 1. A traffic cordon count of the entrances and exits serving the project site. Concurrent 48-hour traffic counts of each of the four entrances and exits serving the project site shall be conducted. The counts shall provide hourly inbound and hourly outbound traffic volumes and 15 minute inbound and outbound traffic volumes between the hours of 4:00 p.m. and 6:00 p.m. The counts shall be taken on Tuesday, Wednesday, and/or Thursday during a typical business week. 2. A summary of the traffic volume data collected including total daily trips in and out of the site, identification of the peak traffic hour, and inbound and outbound trips during the peak traffic hour. 3. A comparison of the traffic statistics collected to those contained in the ISP Application. B. If the p.m. peak hour outbound traffic counts taken under A.1. above are greater than the traffic estimates contained in the ISP Application, the first permittee shall do any.one of the following: 1. Demonstrate that traffic generation on properties outside the parcel directly affecting the traffic operations along Trunk Highway (TH) 149 from TH 55 to Interstate 494 North Ramp Terminal is lower than -9- r? DRAFT 8/5/86 assumed in the ISP Application, and that reserve capacities exist and will exist in the future in spite of excess generation from existing building(s) or proposed building(s) on the site; or 2. After receiving approval from the Director for plans for a Traffic Demand Management program, implement the Program to mitigate the expected excess generation at the proposed building(s) and existing building(s). Eagan and other jurisdictions whose roadways or transit provision services are adversely affected by the existing or projected generation shall be given a two-week opportunity to review and comment on such a plan before the Director's decision is finalized; or 3. Modify site plans for the proposed and other future building(s) in the project so as to reduce the trip generation to be in accordance with estimates contained in the ISP Ap li: or 4. Demonstrate that (1) air quality standards will not be violated by using air quality modeling techniques approved by the Director, in a format approved in advance by the Director, and including no less than one month of ambient air monitoring during the worst-case season of November, December, January, and/or February and (2) that other projects which have been approved or permitted in reliance on the traffic estimates contained in the ISP application for this permit shall not be prevented from meeting air quality standards solely because of excess trip generation caused by the project. or 5. Enter into cooperative agreement either with jurisdictions whose roadways are adversely affected by the project excess generation and/or the Regional Transit Board to either construct additional roadways or finance additional transit and/or paratransit services necessary to alleviate the additional congestion, or both, caused by the excess generation. The amount of financial contribution from the first permittee in the agreement shall not exceed the cost of provision of additional roadways and/or transit and/or -10- DRAFT 8/5/86 ` paratransit services beyond that needed to accomodate the actual excess p.m. peak hour •outbound traffic counts, unless otherwise required by Minnesota statutes. Eagan shall not authorize occupancy of any portion of the project constructed under such an agreement unless the roadways constructed therein are complete and fully open to traffic, or the transit service has been fully established and is in complete operation. or 6. After receiving approval from the Director, take any other appropriate responsive action. -11-