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3700 Nicols RdPROPERTYOWNER Name: C lear C1, arL!? 0 r,t1 -Ga r Phone: (6IZ 6O.r ,E - l D Address / City / Zip: o a. s T,'/1 G. ,c4- /V E / /1/1 S / SS (/ Applicant is: Owner Contractor '\ TYPE OF WORK Description of work: RE b . ; I GI ex: s .'., b . 1 r7 c2 r d Construction Cost: /) , 00 () CONTRACTOR / Name: C /ear Ch 4tnn 4 4,..3. rip o r License #: City: / ,'/1- ie A � Qj7I r Address: ? a - r s .- d 4/L �G State: / Zip: ( Phone: (6 601 - S1O M tr'1 Contact: Ip if t c l Gt ✓ Ve r Email: rvt wi t' ear v-€ ARCHITECT / ENGINEER Name: G R( n Q , ' nee / t re IC Registration #; I (4 306 Address: 4 tv. 1 41 " (j £ . -re.e4- City: 0 a roref + c rry State: zip: C o 4S ?W a Phone: (1.O ) Li 8 - © y op Contact Person:4 a((( ( . s I - Qn S Email: .G :. rs . . Licensed plumber installing new sewer /water service: Phone #: NOTE: Plans and supporting documents that you submit are considered to be public Information. Portions of Information may be classified as non - public if you provide specific reasons that would permit the City to conclude that they are trade secrets. Cily of Eaaall 3830 Pilot Knob Road Eagan MN 55122 Phone: (651) 675.5675 Fax: (651) 675 -5694 s "7oa For' Perm' Permit Fee: Date Received: Staff: 2010 COMMERCIAL BUILDING PERMIT APPLICATION Date: 6 /a a. /O!OSite Address . Tenant Name: C lear C h G+ nn.P 1 0 .4 1- Al Uor CALL BEFORE YOU DIG. CaII Gopher State One CaII at (651) 454 -0002 for protection against underground utility damage. Call 48 hours before you intend to dig to receive locates of underground utilities. www.popherstateonecatl.oro I hereby acknowledge that this information is complete and accurate; that the work will be in conformance 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 not to start without a permit; that the work will be in accordance with the approved plan in the case of work ich requires a revi w and approval of plans. c Applicant's Printed Name cdL(tt9.•3( t (Tenant is: Ne Existing) Suite #: Former Tenant: x Appli '_' Signature -1)(\ ---- Use BLUE or BLACK Ink Page 1 of 3 SUB TYPES Foundation Apartments Lodging "7c o Miscellaneous Antennae r co s `. DO NOT WRITE BELOW THIS LINE Public Facility _ Accessory Building V Commercial / Industrial _ Exterior Alteration— Apartments Greenhouse / Tent _ Exterior Alteration — Commercial Exterior Alteration — Public Facility WORK TYPES New _ Interior Improvement Siding _ Demolish Building* Addition _ Exterior Improvement Reroof _ Demolish Interior _ Alteration _ Repair Windows _ Demolish Foundation _ Replace _ Water Damage Fire Repair _ Salon Owner Change Retaining Wall DESCRIPTION 3,c) 6 Valuation . Occupancy U MCES System Plan Review V Code Edition le /1456c SAC Units (25% ✓4 Zoning City Water Census Code Stories Booster Pump # of Units Square Feet PRV # of Buildings Length Fire Sprinklers Type of Construction Width REQUIRED INSPECTIONS V Footings (New Building) Sheetrock Footings (Deck) Final / C.O. Required ootings (Addition) Final / No C.O. Required VFoundation Other: Drain Tile Pool: _Footings _Air /Gas Tests _Final Roof: _Decking _Insulation _ Ice & Water Final Siding: _Stucco Lath Stone Lath Brick Framing Windows Fireplace: _Rough In _Air Test _Final Retaining Wall Insulation Erosion Control Meter Size: Final CIO Inspection: Schedule Fire Marshal to be present: Yes Reviewed By: /4//Gj1 Y , Building Inspector COMMERCIAL FEES Base Fee Surcharge Plan Review MCES SAC City SAC S &W Permit & Surcharge Treatment Plant Treatment Plant (Irrigation) Park Dedication Trail Dedication Water Quality *Demolition of entire building - give PCA handout to applicant Reviewed By: Water Quality Water Supply & Storage (WAC) Storm Sewer Trunk Sewer Trunk Water Trunk Street Lateral Street Water Lateral Other: TOTAL 'IL/6(9 /1 , Planning Page 2 of 3 Agenda Information Memo September 21,2010 Eagan City Council Meeting 700 //i S ' Q. PSA AGREEMENT WITH CLEAR CHANNEL OUTDOOR—CITY OF EAGAN ACTION TO BE CONSIDERED: Approve an agreement between the City and Clear Channel Outdoor, Inc. to provide the City five (5) hours/month (2250 eight-second spots) for public service announcements on the billboard located on 3.5 acres north of Hwy 13 and east of Hwy 77 (Cedar Ave) in the SW 1/4 of Section 18. FACTS: ➢ The Sign Ordinance allows conversions of static billboard signage to dynamic display signage provided the sign company either: A. reduces the number and size of billboard space they have in the City by an equal amount or B. the company provides the City five hours per month for public service messaging on the new dynamic display sign ➢ Clear Channel Outdoor, Inc. has changed-out the north and south faces of the existing static billboard to a dynamic display sign and will provide the City five hours of messaging per month/per face. ➢ The Sign Permit for the change-out was issued before the subject agreement had been drafted and executed. ATTACHMENTS: (2) Location Map on page Agreement on pages through PUBLIC SERVICE AND COMMUNITY MESSAGING AGREEMENT THIS AGREEMENT is dated Stipkyribt, 2I , 2010 ("Effective Date"), by and between Clear Channel Outdoor, Inc., a Delaware corporation, ("the Company") and the City of Eagan, a Minnesota municipal corporation ("the City"), and together collectively referred to as the "Parties." WHEREAS, the Company desires to have a dynamic display sign within the City pursuant to Eagan City Code Section 11.70, Subd. 28 (K)(4)(B); and WHEREAS, the Company has obtained and complied with all permit requirements for having a dynamic display sign with the City; and WHEREAS, the City desires to use up to 5 hours of advertising per month on the dynamic display sign pursuant to the terms set forth below. NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions hereinafter set forth, the Company and the City intending to be legally bound hereby agree as follows: 1. Allowed Signs. The Company shall be allowed to have within the City the enhanced dynamic display sign(s) as listed in Exhibit A, (the "Sign".) The Company shall comply with all permit and zoning requirements not otherwise addressed in this Agreement. 2. Required Announcements. The Company agrees to reserve up to 5 hours (2250 eight-second spots) per month-per-for community and public service messages on the Sign,The "\ City shall be solely responsible for the design and development of the message. The City will provide the Company reasonable advance notice for any message it desires to be displayed. The City may delegate to another governmental entity a portion of the time for community and public service announcements, but such delegation shall not make the delegate a beneficiary of this 1 paragraph or otherwise entitle that entity to bring an action to enforce this paragraph. Such enforcement rights shall at all times remain with the City. 3. Timing of Announcements. The Company shall deliver the community and public service messages for the City during the same time periods and in the same manner as its paid advertisers would be displayed. The community and public service messages shall be displayed as eight-second spots delivered throughout a 24-hour period of time. The community and public service messages shall be incorporated into one of the 8 or 9 rotation segments and shall be displayed every 64 or 72 seconds, or at a similar rotation that correlates with a paid advertiser's schedule. The community and public service messages shall be distributed throughout a 24-hour period and shall not be relegated to the midnight to 6:00 a.m. frame as the only time of delivery. 4. Unused Announcement Time. Display time not used by the City in any month will be forfeited, and will not carry into another calendar month. 5. Breach. If the Company fails to provide the community and public service - messages as required by this Agreement, the City may, in its discretion, require the Company to limit the rotation of messages displayed on the Sign by requiring a period of not less than twenty minutes between any change or movement of any image or message displayed on the Sign, until such time as the Company provides the community and public service messages outlined in this Agreement. 6. Limitation of Liability. Neither Party shall be liable to the other Party for any special, incidental, indirect, punitive or consequential damages, whether foreseeable or not, arising out of, or in connection with the other Party's: (i) failure to perform its respective obligations pursuant to this Agreement; or(ii)breach of its respective representations pursuant to 2 this Agreement, including, but not limited to, loss of profits or revenue (whether arising out of transmission interruptions or problems, any interruption or degradation of service or otherwise), cost of capital, or claims of customers, in each case whether occasioned by any construction, reconstruction, relocation, repair or maintenance performed by, or failed to be performed by, the other Party or any other cause whatsoever, including breach of contract, breach of warranty, negligence, or strict liability, all claims with respect to which such special, incidental, indirect, punitive or consequential damages are hereby specifically waived. 7. Force Majeure. Neither Party shall be in default under this Agreement if and to the extent that any failure or delay in such Party's performance of one or more of its obligations hereunder is caused by any of the following conditions, and such Party's performance of such obligation or obligations shall be excused and extended for and during the period of any such delay: act of God; fire; flood; wars, insurrections and/or any other cause beyond the reasonable control of the Party whose performance is affected. The Party claiming relief under - this Article shall notify the other in writing of the existence of the event relied on and the cessation or termination of said event. 8. Alteration in Writing. This Agreement supersedes any and all prior understandings and agreements, whether written or oral, between the parties with respect to the subject matter of this Agreement. No alteration or variation of this Agreement shall be valid unless made in writing and signed by the Company and the City. 9. Termination. This Agreement shall continue until the Company, or its assigns, no longer operates the Sign in a manner that allows public service messaging or in the event that Company sells the Sign. In the event the Company terminates operation of the Sign, it shall provide the City with at least ninety days notice prior to such termination in a manner that allows 3 for public service messaging. Should the Sign remain in existence following the Company's termination of operations, the rotation of messages displayed on the Sign shall be limited to a period of not less than twenty minutes between any change or movement of any image or message displayed on the Sign or such other time intervals as allowed under Eagan City Code. 10. Assignment. In the event that Company sells or transfers the Sign to another entity, this Agreement shall remain in effect only if the transferee provides written acknowledgement to the City prior to the transfer that it agrees to be bound by the terms of this Agreement. Should the Sign remain in existence after a transferee fails to provide the above written acknowledgement, the rotation of messages displayed on the Sign shall be limited to a period of not less than twenty minutes between any change or movement of any image or message displayed on the Sign or such other time intervals as allowed under Eagan City Code. 11. Notice. Any notice required hereunder shall be in writing and shall be addressed as follows: The Company: Thomas McCarver Clear Channel Outdoor, Inc. 3225 Spring St.NE Minneapolis,MN 55413 with a copy to: Marvin A. Liszt Bernick, Lifson, Greenstein, Greene &Liszt,P.A. 5500 Wayzata Blvd., Ste. 1200 Minneapolis,MN 55416 4 The City: City of Eagan Tom Hedges, City Administrator Tom Garrison, Communications Director 3830 Pilot Knob Road Eagan, MN 55122 with a copy to: Michael G. Dougherty, City Attorney Severson, Sheldon, Dougherty&Molenda,P.A. 7300 West 147th Street, Suite 600 Apple Valley,MN. 55124 or to such other address as a Party may indicate in a written notice to the other. All notices and communications given under this Agreement shall be deemed to have been duly given and received: (i) upon personal delivery, or (ii) as of the third business day after mailing by United States mail, postage prepaid, addressed as set forth above, or (iii) the immediately succeeding business day after deposit (for next day delivery)with Federal Express or other similar overnight courier system, or (iv) 24 hours after facsimile transmittal with confirmation of receipt and followed by personal delivery, United States mail, or overnight delivery as specified in this Paragraph. 12. Minnesota Law to Govern. This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota excluding its conflict of law rules. All proceedings related to this Agreement shall be venued in the State of Minnesota. 5 IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. THE COMPANY: THE CITY: Clear Channel Outdoor, Inc. City of Eag. By: By: briebei Mike Maguire Title: Ad //, i /i; . �/ i��� ,,i/ ; Its: Mayor By: 1 / �► `nom--- Maria Petersen Its: Clerk 6 EXHIBIT A South facing sign 3700 Nicols Road Eagan City Code off-premise sign,Table A, No. 6 Lat/Long: 44.82126° N 93.22364°W USNG: 15T VK 82319 63119 /0 , ;',� -",7/ PUBLIC SERVICE AND COMMUNITY MESSAGING AGREEMENT THIS AGREEMENT is dated ()ip t� ®� 2010 ("Effective Date"), by and between Clear Channel Outdoor, Inc., a Delaware corporation, ("the Company") and the City of Eagan, a Minnesota municipal corporation ("the City"), and together collectively referred to as the"Parties." WHEREAS, the Company desires to have a dynamic display sign within the City pursuant to Eagan City Code Section 11.70, Subd. 28 (K)(4)(B); and WHEREAS, the Company has obtained and complied with all permit requirements for having a dynamic display sign with the City; and WHEREAS, the City desires to use up to 5 hours of advertising per month on the dynamic display sign pursuant to the terms set forth below. NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions hereinafter set forth, the Company and the City intending to be legally bound hereby agree as follows: 1. Allowed Signs. The Company shall be allowed to have within the City the enhanced dynamic display sign(s) as listed in Exhibit A, (the "Sign".) The Company shall comply with all permit and zoning requirements not otherwise addressed in this Agreement. 2. Required Announcements. The Company agrees to reserve up to 5 hours (2250 eight-second spots) per month for community and public service messages on the Sign,The i" City shall be solely responsible for the design and development of the message. The City will provide the Company reasonable advance notice for any message it desires to be displayed. The City may delegate to another governmental entity a portion of the time for community and public service announcements, but such delegation shall not make the delegate a beneficiary of this 1 paragraph or otherwise entitle that entity to bring an action to enforce this paragraph. Such enforcement rights shall at all times remain with the City. 3. Timing of Announcements. The Company shall deliver the community and public service messages for the City during the same time periods and in the same manner as its paid advertisers would be displayed. The community and public service messages shall be displayed as eight-second spots delivered throughout a 24-hour period of time. The community and public service messages shall be incorporated into one of the 8 or 9 rotation segments and shall be displayed every 64 or 72 seconds, or at a similar rotation that correlates with a paid advertiser's schedule. The community and public service messages shall be distributed throughout a 24-hour period and shall not be relegated to the midnight to 6:00 a.m. frame as the only time of delivery. 4. Unused Announcement Time. Display time not used by the City in any month will be forfeited, and will not carry into another calendar month. 5. Breach. If the Company fails to provide the community and public service messages as required by this Agreement, the City may, in its discretion, require the Company to limit the rotation of messages displayed on the Sign by requiring a period of not less than twenty minutes between any change or movement of any image or message displayed on the Sign, until such time as the Company provides the community and public service messages outlined in this Agreement. 6. Limitation of Liability. Neither Party shall be liable to the other Party for any special, incidental, indirect, punitive or consequential damages, whether foreseeable or not, arising out of, or in connection with the other Party's: (i) failure to perform its respective obligations pursuant to this Agreement; or l(ii)breach of its respective representations pursuant to 2 this Agreement, including, but not limited to, loss of profits or revenue (whether arising out of transmission interruptions or problems, any interruption or degradation of service or otherwise), cost of capital, or claims of customers, in each case whether occasioned by any construction, reconstruction, relocation, repair or maintenance performed by, or failed to be performed by, the other Party or any other cause whatsoever, including breach of contract, breach of warranty, negligence, or strict liability, all claims with respect to which such special, incidental, indirect, punitive or consequential damages are hereby specifically waived. 7. Force Majeure. Neither Party shall be in default under this Agreement if and to the extent that any failure or delay in such Party's performance of one or more of its obligations hereunder is caused by any of the following conditions, and such Party's performance of such obligation or obligations shall be excused and extended for and during the period of any such delay: act of God; fire; flood; wars, insurrections and/or any other cause beyond the reasonable control of the Party whose performance is affected. The Party claiming relief under • this Article shall notify the other in writing of the existence of the event relied on and the • cessation or termination of said event. 8. Alteration in Writing. This Agreement supersedes any and all prior understandings and agreements, whether written or oral, between the parties with respect to the subject matter of this Agreement. No alteration or variation of this Agreement shall be valid unless made in writing and signed by the Company and the City. 9. Termination. This Agreement shall continue until the Company, or its assigns, no longer operates the Sign in a manner that allows public service messaging or in the event that Company sells the Sign. In the event the Company terminates operation of the Sign, it shall provide the City with at least ninety days notice prior to such termination in a manner that allows 3 for public service messaging. Should the Sign remain in existence following the Company's termination of operations, the rotation of messages displayed on the Sign shall be limited to a period of not less than twenty minutes between any change or movement of any image or message displayed on the Sign or such other time intervals as allowed under Eagan City Code. 10. Assignment. In the event that Company sells or transfers the Sign to another entity, this Agreement shall remain in effect only if the transferee provides written acknowledgement to the City prior to the transfer that it agrees to be bound by the terms of this Agreement. Should the Sign remain in existence after a transferee fails to provide the above written acknowledgement, the rotation of messages displayed on the Sign shall be limited to a period of not less than twenty minutes between any change or movement of any image or message displayed on the Sign or such other time intervals as allowed under Eagan City Code. 11. Notice. Any notice required hereunder shall be in writing and shall be addressed as follows: The Company: • Thomas McCarver Clear Channel Outdoor, Inc. 3225 Spring St.NE Minneapolis,MN 55413 with a copy to: Marvin A. Liszt Bernick, Lifson, Greenstein, Greene &Liszt,P.A. 5500 Wayzata Blvd., Ste. 1200 Minneapolis,MN 55416 4 The City: City of Eagan Tom Hedges, City Administrator Tom Garrison, Communications Director 3830 Pilot Knob Road Eagan,MN 55122 with a copy to: Michael G. Dougherty, City Attorney Severson, Sheldon, Dougherty&Molenda, P.A. 7300 West 147th Street, Suite 600 Apple Valley,MN. 55124 or to such other address as a Party may indicate in a written notice to the other. All notices and communications given under this Agreement shall be deemed to have been duly given and received: (i) upon personal delivery, or (ii) as of the third business day after mailing by United States mail, postage prepaid, addressed as set forth above, or (iii) the immediately succeeding business day after deposit (for next day delivery) with Federal Express or other similar overnight courier system, or (iv) 24 hours after facsimile transmittal with confirmation of receipt and followed by personal delivery, United States mail, or overnight delivery as specified in this Paragraph. 12. Minnesota Law to Govern. This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota excluding its conflict of law rules. All proceedings related to this Agreement shall be venued in the State of Minnesota. 5 IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. THE COMPANY: THE CITY: Clear Channel Outdoor,, Inc. City of Ea By:t C-�Y11.✓d' � l-!.v By: Mike Magui Title: / �/ G � . /I, OIP;i ii // /.:� Its: Mayor By: (.7/ u Maria Petersen Its: Clerk 6 EXHIBIT A North facing sign 3700 Nicols Road Eagan City Code off-premise sign, Table A, No. 6 Lat/Long: 44.82126° N 93.22364°W USNG: 15T VK 82319 63119