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weekly Notes- January 22nd 2021
CITY OF OAK PARK HEIGHTS—WEEKLY NOTES for: January 22nd,2021 TO: City Council Members& Staff FROM: Eric Johnson, City Administrator Zoning &Development Items: 44� 1. Menards did re-submit an application foy various YARD ENTRANCE improvement. This will be on the February Planning Commission agenda. 2. The City received a letter from various BAYTOWN RESIDENTS related to a development south of the City. See enclosed Letter and approximate map—>it does discuss briefly impacts to the traffic on Osgood and Oakgreen(Northbrook).Generally,the City remains out of these type of conversations with border communities-,but if the City Council has desire to inquire as to traffic impacts upon OPH it certainly could consider that and offer insight. 3. The City Engineer has completed some early analysis of the stormwater issues lying south of the RIVER HILLS neighborhood(55th Street—west of Oakgreen). In short,it would appear that much of the water issues that have arisen and caused erosion appears to stem from more a complex history of contour changes made by the current land-owner and the"City'water is not necessarily the issue and may account for only a small portion of the overall downstream issues. Lee Mann will be preparing documents for a presentation to the Council in February. COVID-19 Matters: • This is the Governor's-PORTAL https://mn.gov/covidl9—Many documents/Exec.Orders can be found. Washington County has initiated a County Dashboard containing more localized COVID-19 Impacts and rates LINK->>HERE. • There are opportunities for housing assistance for those impacted by COVID—see link United Way 211 —211 Site(21 lunitedway.orgl Other Items: • City Ice Rinks are open and so are the WARMING HOUSE—COVID-19 Precautions and requirements shall be posted and strictly followed by rink attendants—limiting number of people in shelter and the wearing of masks. • Staff has reached out to both the City Engineer and Lockridge Grindal for updated costs associated with the Capital Budget Process for Local Government Bonding Projects possible pursuit of funding in the 2021 Bonding Bill- In a presentation to the House Capital Investmentcommittee this week,the Office of MN Management (assuming there may be one). I hope to have these prices and Budget(MMB)presented information on the process for political subdivisions to submit projects for capital funding.The Capital Budget System(CBS)is a web-based application where local by the end of the day on Monday or Tuesday morning.There governments can enter requests and other relevant information.The CBS system will open for 2022 is a placeholder on the 1/26 agenda.This message was in project submissions in early May 2021.The presentation covered what information should be included the METRO CITIES newsletter and contains a link to their as well as a list of crileria MMB uses to evaluate projects.The department provided examples of allowable and ineligible expenditures. 2022 process... CLICK HERE->LINK The presentation concluded with a list of resources for local governments including FAQs,instructional resources,checklists,policies,and legal resources,Click HERE to access the entire presentation. • M NDOT will be doing some soil borings along the 60th Street / NEAL Ave frontage road-TRAIL. They will be looking to do some handicap-related improvements and bring to ADA compliance. It is possible MNDOT may seek OPH to participate in this funding as the late 1990's agreement out-lined City commitments for maintenance in this area.But,let's see what they come up with this summer. • The FAT TIRE bike riders may be moving through the City's trails this weekend.Staff does not expect any issues.Hopefully the weather cooperates for them. • It would seem we have FINAL AGREEMENT committed to for the City's easements—in front of KOHL's/etc. (the west leg.)This has taken 18+ months of effort and communication with their OWNERSHIP,their Leasing Agents,tenants, meetings,all City Staff—etc.This type of effort is not easy-, but it is done. The City Council did already approve the execution and payment of the$50,000.The final document is enclosed and will be circulated for signatures next week.We are also hoping to wrap up the Discount Tire matter promptly. Mayor McComber provided: 1. N LC Updates 2. Handout from Council Worksession—MISO Grid Presentation and please note that Jenni Pinski did send out Personnel Committee information from the LMC. Please let me know if you have any questions-651.253.7837 Call Anytime. 1 of 77 To: Baytown Township Board of Supervisors Subject: Hills of Spring Creek Development Respected Baytown Township Board Members, On Wednesday, January 13th, the Baytown Planning Commission held a public hearing to discuss the preliminary approval of the Conditional Use Permit(CUP) and Preliminary Plot for the Hills of Spring Creek Development. Prior to this meeting, the neighbors of Pauley Estates sent a collective list of questions and concerns to the planning commission. (Reference 1). Due to the extensive public opinion open forum and preceding agenda items, these questions and concerns were not adequately addressed. Collectively, as residents of Baytown, we come to you with grave concern over the Planning Commission's recommendation to approve the Conditional Use Permit(CUP) and Preliminary Plat for the Hills of Spring Creek Development. It is our opinion the meeting was rushed and a decision to pass the CUP and Preliminary Plot to the Board of Supervisors was premature, insufficient, and inadequate in accordance with Baytown's own ordinances. The planning commission was negligent in considering several concerns brought forth by community members, including the very serious matters of public safety, environmental impacts, and quality of life. We ask that the Board table the CUP and Preliminary Plat approval until the Township receives documentation regarding the public safety issues/concerns, ordinance violations and environmental concerns discussed below. Traffic Safety The proposed development poses a significant safety threat with regards to traffic in and around the Baytown community. The developer has stated they "estimate" approximately 1,100+trips daily from the proposed development. This number also does not take into consideration school buses that will utilize these roads or delivery service vehicles such as Amazon, FedEx, Instacart and Door Dash, etc. A traffic increase of this magnitude from the proposed development is simply not feasible with the current road design and infrastructure in Baytown. The developer has failed to conduct any studies or analysis to determine if 471 Street N is capable of handling an increase of traffic now without extreme safety issues or traffic concerns. Nor has such analysis been provided for the outlet on Osgood Ave that already has issues with a temporary four way stop. The developer also specifically stated during the meeting that any infrastructure improvements to 47' Street N or Northbrook Avenue would fall upon the Township. Additionally, with the Highway 36 modifications and newly constructed bridge, Baytown is seeing more thru traffic than ever. The increased traffic on 36 has people finding alternative routes, which has increased traffic on many Baytown roads, including Northbrook and Osgood. The township needs to explore the additional costs associated with road maintenance, wear, road redesign for turn lanes or any other traffic management steps needed to handle traffic increases. 1 2 of 77 A thorough traffic impact analysis is needed for Osgood and Northbrook, as well as 47' Street N, County 14 and other adjoining intersections. Additionally, a cost analysis needs to be completed based on what the traffic impact analysis findings are and what road changes will be necessary to support an additional 101 residences. These assessments need to take into consideration the impact of COVID-19 and residents currently working from home and children engaging in remote learning. Existing Septic Systems The developer has failed to include pertinent information in their plat documents regarding existing septic systems. Per the Baytown Subdivision Ordinance 56, 9.8 Application Requirements for Preliminary Plat Approval, 4. Existing Conditions, item 6, "Location and size of existing septic systems, culverts, wells, septic systems, drain tile or other underground facilities within the preliminary plat area and to a distance of 100 feet beyond the boundaries of the plat." Instead, the developer has noted on the plat drawing. "No accurate inventory is available for septic systems within this area. Washington County has limited information of off site septic systems in this area." The location of existing septic tanks and associated drain-fields is pertinent, considering the developer is proposing to utilize an abandoned right of way, altering the grading and drainage in the area. To existing residents, this could result in septic system functionality failures and/or complications when trying install new systems such as newly saturated soil on their parcels. Additionally, failing septic systems or damaged systems from road construction could result in ground water contamination. This would be an imminent threat to the public health and place extreme financial burden on existing residents. All existing septic systems need to be marked on the plat, per the ordinance. If the county doesn't have this information, the developer will need to investigate further to obtain it. Simply providing an asterisked note on the plot, is not sufficient and in direct contradiction to the townships ordinance, as stated above. Baytown Subdivision Ordinance 56, 9.8 Application Requirements for Preliminary Plat Approval, 4. Existing Conditions, item 5, states the following must be included as well "Location, right of way width, names of existing or platted streets or other public ways, parks and other public lands, wooded areas, rock outcrops, power transmission poles and lines, significant physician features/natural resources, permanent buildings and structures, easements and section, corporate and school district lines within the plan and to a distance of 300 feet and beyond. The plat presented to the planning commission fails to include the various drainage and ponding easements and Northern National gas easements that exist outside of the plot. 2 3 of 77 Outdated Environmental Documents On December 10, 2020, the Board received a letter from Matt Hieb, P.E., Auth Consulting and Jeff Madejczyk, Wenck Associates, Inc. This letter stated that"The proposed Hills of Spring Creek residential development is consistent with the original development proposal. There would be no potentially significant impacts to sensitive ecological resources or rare features from the proposed project. The current project is consistent with the analysis and conclusions detailed in the June 2018 EAW." Since 2018, the Rusty Patched Bumble Bee has been added to the endangered species list and designated as the State bee. Washington County is officially designated as prime habitat for the bee. It would be negligent for the Board to accept outdated documents ignoring newly endangered species in the area. We request that all application documents be updated to include current 2021 information, research and findings. Baytown to Purchase Cahanes Farm, Proposal Finally, we put before you a proposal for Baytown to purchase the land from the Cahanes family. The subdivision concept provides many challenges, negative impacts on quality of life and safety concerns. The land is unique bordering the protected DNR land to the North. The Township has the bonding ability to make such a purchase and could benefit long term if they then sell to the DNR, Ducks Unlimited, Pheasants Forever or another preservation group. Surely, the cost of land will be less long term than the cost of the required of road modifications to 471 Street N, Northbrook Blvd and other adjacent roads to handle a subdivision. Sincerely, Rick&Carol Peterson Jim Schenz&Miriam Simmons Roger Miller&Mary Zweber 13955 47th Street N 13960 47th Street N 13711 47th Street Ct.N Jill&Noel Johnson Al&Mary Messerli Felicia&Jason Mroczkowski 13877 47th Street N 13833 47th Street N 13780 47th Street N Merrily&John Karel Brandon&Dana Reynolds Ryan&Bethany Falch 13731 47th Street Ct.N 13741 47th Street Ct.N 13730 47th Street Ct.N Chuck&Kathy Scott Diane&Bill Polley Megan Polley&Joe Cebula 13750 47th Street Ct.N 13760 47th Street Ct.N 13760 47th Street Ct.N Steve& Susan Paquette Dr. Gene&Chris Stringer Laura&Ed Hawkins 13755 47th Street Ct.N 13730 47th Street Ct.N 13650 47th Street N Dan Larson Jerry&Candy Patrin Claire&Michele Dunlap 13585 47th Street N 13670 47th Street N 13910 47th Street N Dave& Sue Brewer Jessica Borgestad&Josh Gotch Robin& Seth Wolpert 13610 47th Street N 13721 47th Street Ct.N 13545 47th Street N Dennis Heuer Erik&Laura Ogren Dave Gorgen&Diane Christopherson 13850 47th Street N 13580 47th Street N 13683 47th Street N 3 4 of 77 Reference I The following questions were submitted for Planning Commission review prior to the January 13, 2021 Planning Commission Public Hearing. Traffic Safety • What is the Impact of increased traffic on 47th Street North and Northbrook Blvd? • Will the speed limit on Northbrook Blvd be kept at 30mph? • What is the timing of the realignment of Osgood and 47th Street North and impact on schedule? • What are the concerns regarding 47th Street North pavement durability due to radically increased traffic volumes and construction traffic? • What are the plans for road upgrades for 47th Street North and Northbrook Blvd due to increase in traffic? • How can we prevent public trail user parking on 47th Street North and through the streets of the development? • How can children in the 47th Street neighborhood be protected from speeders? • How will the backup of traffic at 47th Street and Northbrook be mitigated? • Are the transportation assessments done in 2018, as referenced in the current Derrick project documentation, still applicable since there have been substantial road construction projects at highway 36 and Oakgreen, 40th Street and Manning as well as new housing developments in the nearby area? • Has any assessment been done regarding the train schedule and the railroad crossings at Northbrook and Osgood? • What are the costs of these potential issues and who will pay for them? • What traffic control measures, such as speed bumps, stop signs, and reduced posted speed limits can added to 47' Street North? Environmental Concerns • What is the potential for existing groundwater contamination and impact on central septic system and water supply? • Is there concern that there is currently no agreement with the City of Bayport to supply water at this time? What are the alternatives for municipal water if Bayport does not supply water? • What are the plans for snow plowing and removal within the development due to apparent limited space for plowed snow? • What are the plans to ensure proper drainage along the extension of 47th Street North to the west end of the development during and after construction? • Have any studies been done regarding endangered species specifically for the Cahanes property, not just for land "in the area"? This could have been affected by development since 2018. • What are the costs of these potential issues and who will pay for them? 4 5 of 77 Quality of Life • Is it possible to position the new homes closest to the west boundary to ensure they are distanced from existing Pauley Estates homes such as the Pauley Estate homes are far from each other? • In what part of the development will the work begin? • When will work begin to extend 47th Street North to the property? • Has school district 834 been contacted about the projected influx of students that will occur when this development is completed? • What issues have there been with other cluster housing projects within Baytown either during construction or after, especially with Derrick Custom homes? • What is the financial impact on existing nearby properties? • How is the quiet, peaceful, rural life style that Baytown is known for affected by this development? 5 6 of 77 V) O p > L� a- +-+ o W ^ , =3U V ' ) a- VI � v O j V > � +- = 0 4-J •� (j) M N �h AV O �J c6 N o 0- U 41 CO M }� L •^� ^ \ 0 r1 • C: V o +-j U Q) Q ca cry 0 Z � N W LN Iv W in � D am zo - az • • • • • N O N r-I N L O(p M 1 1 L CL 4-0 U aN-+ f6 •� .N f6 U O N N '> N N •t1A QN ate-+ •(3) a--+ L O u vv C N > +., o O •� N O •N E U m N N O N N COaj on cr CT U N U c: N O Q v •O •� •� E •> v O f6 C: }' i — aOJ aj J — f6 L L f6 N f6 N aj N O aN-+ +-+ Q cn Q u OJ OJ 0 C O C N � � JO i C � � L.L m L.L i J Lnu O LA u rl N N N O O N N N o N r-I N L O(p d)� +-+ O � C: • C3- � U 0 O N (D0' (1) s N � N s Q N N bn =3 CO =3 UN E O 4 ca • N Q •Q vi � , s u 0 V) 4-J N •� •� 4— •� NltiO O p _0 .0 O • Co 4-J0 cn U Q O rl U 0 —_ � O Q N U .� N 4- 4-J D > O 1-� ca cc75; cc cc ° 0 , M � E +cc Li 0 .Q •� •U N b O •� 000 N (� •bn cn 0 �• '� =3 N =3N N O E N N CT N J =3.- 'E s Ln U U ° m � m C: =3 5C Q .� ca U cn U ca 0 0 0 L O L rO V V O J V bn Q V kD i' O N aA C6 i • N C6 C6 aA � • �_ C6 • oN N }, O 4-0 N a� 4-0 u o +J -0 C: aA CL +, +, N � o > CL � . � 0 cn 0 4- oO Q 4-j O O `n `� ca p. � p N za - a)cn i U N f6 OL Q Q CSA N - ,i E c Q N � ._ G Q a-1 c6 � 1 ate-1 � 'a--+ 4-0 � � Lnca 0 N N U cin o Ln — 'Ln ri N un U L �° Q • • • • • 5C 5 N� V Lr) O O N • 4-J M 4-J bn m a) +-+ • N C �O - • _0 Q °' Ln c� O a) -0 •v _0 O E M Ln Q (� • -0 Ln bn w _ _ Ln � •=3 V � Ln E M ca Ln N E V >` CZO V > O _0 bA (1) 4-J 1r�'n O O O W�/ N rO = • C:L r N Q • • • 15C Z00 W LN Iv W in • aD � zo aZ � a • • • • • N O r-i N L OC V _ 4A r +1-+ L N E =3o cr aA O iJU �O a--+ • C: = ca +-; =3 +-; +-; o O vi N . � aA • o -0 O cn U N 4— U Q U O N N �O 0 • dJ •— N i N " =3 _ N '=3O >' CT O Q 0 Q N N � O U 4mJ 4mJ '0 .cn . 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E N �`f • i O ci .N � v m Q OU av OQ. m OON � O Ln Q + N E c tr 01c6 i < Q p U Zvi O +�_+ +�_+ U � _0 N U z Vi D C N � U U � LL m ILL J 15 • • • �- H M z H LV LV o m m W o D C V O dA � z o O Z O m O ca CL 4- +, ca a L V Ln � o � o W mO o v � E V u 1 00 W 03 00 W v Nc: Co -a o N r- o O i L N �_ a N E dA a, M a ooc ° � w a m m • m � V O � O H C +, O O O OOC � dA fC m ++ u O � m � V i _O O O m � NLZ i O� O • � O d i O Co .E m E v o +-� m v a +� 4- W a v rn Lu a� — o a, a � c " °o° oN c -Q o N ami v Ln ^' = 'n Lo v w N 0 N r-I N L OC M� MUNICIPAL TRANSPORTATION AND UTILITY EASEMENTS AGREEMENT THIS MUNICIPAL TRANSPORTATION AND UTILITY EASEMENTS AGREEMENT(this"Agreement")is made as of this day of ,2021,by and between OAK PARK HEIGHTS VAL, LLC, a Delaware limited liability company (the "Owner"), and the CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, a Minnesota statutory city (the"City"). WITNESSETH: WHEREAS, both parties desire to undertake, effectuate and/or implement the realignment project(the"Project'')of the south frontage roadway as generally depicted in Exhibit A, as it may impact lands of the Owner with PIN#s as follows (collectively,the"Owner's Property"): PIN# OWNER 0502920210036 OPH PAT LLC & OPH VAL LLC 0502920210033 OPH PAT LLC & OPH VAL LLC 0502920210039 OPH PAT LLC & OPH VAL LLC; and WHEREAS, the Owner's Property is depicted and described in Exhibit B (the "Conveyed Owner Property"), and the Owner has agreed to convey an easement over a portion of the Owner's Property for public purposes for the construction, development, execution and completion of the road as generally depicted in Exhibit A (the"Roadway"). The easement areas are comprised of approximately 2.0 acres and lie generally north of or directly under the Northern States Power (Xcel Energy)transmission line and related easements and east of Kruger Lane. IT IS AGREED THAT: For and in consideration of the sum of Fifty Thousand and no/100 Dollars ($50,000.00) (the "Consideration") and other good and valuable consideration, the receipt of which is hereby acknowledged, the Owner has this day bargained and sold, and by these presents does bargain, sell and transfer unto the City, its successors and assigns,the following: a. A perpetual easement for a municipal street, roadway and related transportation elements, including trail-ways and for municipal utility purposes (water, sanitary and storm water utilities),with the right to enter upon certain areas of the Owner's Property as is reasonably necessary to construct, maintain, repair and replace any lines, equipment,materials, or other items for municipal transportation or utility purposes,for the purpose of establishing, maintaining, repairing or replacing said municipal utilities and transportation infrastructure over, across, through and under certain areas of the Owner's Property described in Exhibit C attached hereto, together with the right to excavate and refill ditches and/or trenches for the location of said municipal utilities, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering in the location,construction and maintenance of said public infrastructure on the Conveyed Owner Property. 38 of 77 b. The legal descriptions of the easements to be conveyed to the City are set forth in Exhibit C and may only be modified by an amendment to this Agreement signed by the parties hereto. Upon completion of the Project, the City shall provide, at its own expense, an"as-built" survey (the"Survey") and any lands not reasonably required by the City as identified within the Survey shall be promptly released and conveyed to the Owner. c. Except in the event of an emergency, the City shall provide prior reasonable written notice of any pending work to be performed on the Conveyed Owner Property. d. The City warrants to the Owner that the Owner shall bear no street,storm or other utility assessments for the development of the Roadway or otherwise in connection with the Project. e. The City shall (i) promptly repair and restore any damage to the Owner's Property caused by the City or any of it representatives, consultants, agents, employees or officers,to the same condition as previously existed,(ii)restore impacts to parking areas on the Owner's Property, and(iii) ensure reasonable interface and connections with the anticipated roadway alignment following proper engineering standards. f. Except as may be precluded by law, the City shall be responsible for all injury or damage to persons or property arising in connection with the City's (i)negligence in use of the above-described easements by the City or during any of the City's construction in the same manner as it has with any city street or (ii) breach of the terms of this Agreement. g. Upon completion of the Project,the City shall verify all final right of way dimensions, develop final legal descriptions and finalize any necessary easement language modifications, subject to the approval of Owner. h. If the City does not commence the construction of the Project by June 30, 2023, the easements and rights conveyed herein and this Agreement shall terminate and be void and of no further force or effect as of such date. i . Owner grants to the City an additional temporary easement fifty-five (55) feet in width (but excluding any areas covered by existing structures) both to the north and south of the permanent easements for the sole purposes of implementing the public construction elements as outlined in this Agreement. It is the City's sole responsibility to promptly repair any damage to the temporary easement areas and any other affected portions of the Owner's Property at the completion of construction and to restore any impacted lands within such areas to at least an equal condition as such lands were in prior to the commencement of any construction. The City shall promptly release such temporary easements of record at the completion of the Project. That said easement areas (collectively, the "Easement Area") are located on the Owner's Property, which is located in the City of Oak Park Heights, County of Washington, State of Minnesota and described on Exhibit B. In addition to the foregoing,the following commitments apply: 1. The City shall use due care in any use of the easement herein granted and,in the construction, installation,repair,replacement and maintenance of the City's improvements or the use of the Easement Area as provided for herein, so as not to unreasonably disturb the Owner's or any 39 of 77 tenant of the Owner's use of the Owner's Property. During the months of November or December, except for bona-ride emergency work as required by the City Engineer, the City shall not commence or substantially continue any such construction, installation, repairs or replacement of the City's improvements without obtaining the Owner's prior written approval,which approval shall not be unreasonably withheld, conditioned or delayed. 2. The City's Project as shown in Exhibit A, if it proceeds shall be scheduled by the City so as to commence any construction prior to June 15th with substantial completion being not later than October 15th so as to not unreasonably interfere with the Owner's operations during the months of November and December. 3. If the City vacates the Easement Area,which may only be triggered by a formal City Council action,the City shall provide the Owner with prompt written notice of such vacation and,the City covenants and agrees to promptly return the Easement Area to the same condition as the Easement Area were in prior to the date hereof,including,without limitation,the replacement of any sod,landscaping,paving or other improvements that existed within the Easement Area on the date hereof. Notwithstanding the foregoing, the Owner may, within five (5)business days of its receipt of the City's vacation notice,provide the City written notice that it desires to leave the Easement Area as-is and,in that event,the City shall leave the Easement Area in its then existing condition. The City shall defer any restoration of the Easement Area for ten (10)business days after the delivery of the City's vacation notice to effectuate the foregoing option of the Owner. 4. To the extent as permitted under MN. Statute 466.04,the City will forever waive and hold the Owner harmless for, and defend the Owner against, any third-party claims, causes of action, and suits which arise from the City's, its agents', employees', contractors' or invitees' acts or omissions pursuant to this Agreement, including, but not limited to, the use of the easement herein granted and will indemnify the Owner for any and all losses, liabilities, claims, causes of actions, damages,penalties, fines, costs and expenses suffered due to any such third-party claims, causes of action or suits related to such uses by the City. 5. The City further agrees that the City will at all times during the duration of this Agreement maintain general liability insurance wholly consistent with coverages applied to other City roadways, including such insurance for the operation and maintenance of any and all improvements constructed pursuant to this Agreement, and to the extent as permitted under MN. Statute 466.04. The City further agrees, upon written request,to deliver to the Owner a certificate(s) from an insurance company to the Owner evidencing the existence of such insurance. 6. The City represents that it shall (i) construct such roadway consistent with the two dimensional Concept Layout set forth in Exhibit A (the "Concept Plan") and (ii)repair and maintain such roadways and the Easement Area in good repair consistent with proper public roadway management and engineering practices consistent with City Ordinances and how the City manages similar public streets including but not limited to: snow plowing, pavement management and typical municipal roadway maintenance. Prior to any construction,the City shall provide final construction drawings to be issued by the City Engineer to the Owner, which shall generally consist of: (i) site plans; (ii)utility plans; (iii) grading plans, including stormwater management;(iv)erosion and sediment control plans,including rock construction entrances (to be in place prior to any construction), silt fence (to be in place prior to any construction)and other erosion controls required for the work on the Property and(v)phasing plans (collectively, the "Development Plan"). The Development Plan is to be prepared by certified/licensed architects and/or engineers. 40 of 77 7. The Owner shall have up to fifteen (15) calendar days after receipt of the final Development Plan, or other draft submissions as outlined in Section 8, from the City to comment on such drawings and may request alterations to the layout from the City for those items that are materially and significantly inconsistent with the Concept Plan, which the Owner shall set forth with its rationale in a written notice to the City; if the City Engineer concurs with the Owner, which concurrence shall not be unreasonably withheld, conditioned or delayed, that certain elements do materially and significantly deviate from the Concept Plan,the City shall be responsible to implement prompt and reasonable corrective action determined by the City Engineer, with input from the Owner. If the City cannot or elects not to implement such prompt and reasonable corrective action, despite having endeavored to do so in good faith, either the City or the Owner may cancel this Agreement, in which event the Owner shall reimburse the City in the amount of the Consideration, if any, received by the Owner. Notwithstanding the foregoing,the City shall promptly reimburse the Owner for professional civil engineering review fees incurred by the Owner in connection with its review of the Development Plan,which reimbursement shall not exceed $8,000.00. 8. As the City develops the final Development Plan specifications and layout, the City shall provide plan updates to the Owner during its plan design phasing(example: 30%plans/60% plans), and the Owner shall provide input through such design process. Upon receipt of a draft plan from the City,the Owner shall provide comments,if any,to the City within fifteen (15) calendar days with respect to any material and/or significantly inconsistent elements (as compared to the Concept Plan). If the City Engineer concurs with the Owner, which concurrence shall not be unreasonably withheld, conditioned or delayed, that such elements are materially and/or significantly inconsistent with the Concept Plan, the City may correct such inconsistencies as set forth in Section 7 above. If the City cannot or elects not to implement such prompt and reasonable corrective action, despite having endeavored to do so in good faith, either the City or the Owner may cancel this Agreement, in which event the Owner shall reimburse the City in the amount of the Consideration, if any, received by the Owner. 9. The Owner shall have reasonable access, consistent with City ordinances to and use of any and all utilities constructed in the Easement Area pursuant to this Agreement, including, without limitation, water, sanitary and storm water. The City shall, at its expense,promptly cooperate with the Owner and perform,or cause to be performed,all acts reasonably necessary to permit the Owner to connect, hook up and interface with said utilities, and shall execute and deliver all such other agreements, instruments, certificates and documents as the Owner shall reasonably request related to such utilities. 10. Unless temporarily impacted for the purposes of the construction of the Project, the City covenants and agrees that at all times prior to and after construction of the Project (i) the Owner and the Owner's tenants shall have continued,uninterrupted and safe access to and use of the sidewalks and any trails on the Owner's Property; and (ii) the Owner shall have the continued, uninterrupted and safe ability to mow, landscape, irrigate, and snowplow the Owner's Property and to otherwise maintain and repair the Owner's Property. TO HAVE AND TO HOLD,said perpetual easements and right-of-way unto the City, its successors and assigns, forever subject to the foregoing. The Owner does hereby covenant with the City that it is lawfully seized and possessed of the Owner's Property. 41 of 77 IN WITNESS WHEREOF, the said parties have caused this Agreement to be executed as of the day and year first above written. IN PRESENCE OF: THE OWNER: OAK PARK HEIGHTS VAL,LLC, a Delaware limited liability company By: PRINCIPAL REAL ESTATE INVESTORS,LLC,a Delaware limited liability company,its authorized signatory By: Witness Name: Its: Witness By: Name: Its: STATE OF IOWA ) )ss. COUNTY OF POLK ) On this day of 2021,before me,a Notary Public,within and for said County and State, personally appeared and to me personally known,who,being each by me duly sworn did say that they are the and respectively,of Principal Real Estate Investors,LLC, a Delaware limited liability company, the authorized signatory of Oak Park Heights VAL, LLC, a Delaware limited liability company,who executed the foregoing document on behalf of such limited liability company. Notary Public 42 of 77 IN PRESENCE OF: THE CITY: CITY OF OAK PARK HEIGHTS By: Witness Mary McComber Its Mayor By: Witness Eric Johnson Its Administrator STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON) On this day of 2021,before me,a Notary Public,in and for said County and State,appeared Mary McComber and Eric Johnson,to me personally known,who being by me first duly sworn,did say that they are respectively the Mayor and Administrator of the CITY OF OAK PARK HEIGHTS, who executed the foregoing document by authority of the City Council of the CITY OF OAK PARK HEIGHTS,and said Mayor and Administrator acknowledge said instrument to be the free act and deed of said CITY OF OAK PARK HEIGHTS. Notary Public 43 of 77 EXHIBIT "A" Concept Plan ,�4 �JJ� , taAa Lf Pd1 � � t I X1 I I I t r• I II � N .u�.� I •� Aaty b " �' � i' 1 + - _- Hado 44 of 77 EXHIBIT `B" Owner's Property Legal Description(s)of Parcels with PIN# PIN# OWNER 0502920210036 OPH PAT LLC&OPH VAL LLC Legal Des: THE SHOPPES OF OAK PARK HEIGHTS 2ND ADD Lot 2 Block 1 0502920210033 OPH PAT LLC&OPH VAL LLC Legal Des: THE SHOPPES OF OAK PARK HEIGHTS Lot 1 Block 1 0502920210039 OPH PAT LLC&OPH VAL LLC Legal Des: THE SHOPPES OF OAK PARK HEIGHTS Lot 2 Block 1,EXCEPT THAT PT SD LT BEING THE S 180 FT OF E 230 FT THEREOF Map shown for Reference Only e a" z •7 ,. 1 A F fTi ice' .. "'"'."^ y •7 45 of 77 EXHIBIT "C" Legal Description(s)of Easements for roadway, transportation, public infrastructure and utility purposes across parcels with PIN# PIN# OWNER 0502920210036 OPH PAT LLC&OPH VAL LLC Legal Description of City Easement: +/-.16 acres 0502920210033 OPH PAT LLC&OPH VAL LLC Legal Description of City Easement: +/--60 acres 0502920210039 OPH PAT LLC&OPH VAL LLC Legal Description of City Easement: +/--53 acres Representative Map showing Easements upon each of the three parcels; See complete Survey Maps and Full Legal Descriptions as attached. V607 Area= ±6,985 s.f. (10.16 acres) Area =±3,809 s.f. Discount Tire (10.09 acres) V606 Area= 126,176 s.f. (±0.60 acres) . . V605 k Area = 122,998 s.f. (10.53 acres) 46 of 77 LAK PARK HEIGHTS, MN Narth line of Lat 1,Nock 1, 1 589°34 08"E 4 $ NIPP _THE S ES 1 PF i AK RmRK 144.38rr HEIEHTS 4=T2° _w 49-'P1f 589°31'23'E ] 4 , r> H I 187.37 5r.3y I 3 32a_6l \ ? If N88153,5rw P77.NF II W R-5 = L,� G i.vT ", ¢Si.v.s rl 3yam, ' d�a�.� os-m� 2 a `9.717 -Ir it ^i nE)r,.., nr_• r.,,u� '-:A RK c•�a„ rr.. lJb°W aey'T� Tx �. a flL .:rl V, i_..: Vi C)AK ARK r1D.i�.,afl r L.,J . West rine of Lot 1,Bkdr.1, tt'la A _4 THE SHOPPES 4j r AK PARK East rine of Lot 1,Blccx 1, $'� L- HEIGHTS THE SHr WPES i IF(AN PARI{ - 15 Drni ge 1 UtGty HEIG Easement per RMCHEY ADDFM NJ ROADWAY,TRANSPORTATION,PUBLIC INFRASTRUCTURE,AND UTILITY EASEMENT An easement for roadway,transpotation,public infrastructure,and utility Purposes over,under,and across that pact of Lot 1,Block 1,THE SHOPPES OF OAK PARK HEIGHTS,according to the raeorded plat thereof,Washington County,Minnesota described as follows: Beginning at the northeast comer of said Lot 1,Block 1;thence south 00 degrees 26 minutes 09 seconds Westr assumed bearing along the east line of said Lot 1,a distance of 57.62 feet;thence North 74 degrees 48 minutes 44 seconds West, 10.57 feet;thence northoesteriy 127.34 Feet along a tangential curve concave to the southwest having a radius of 520.00 feet and central angle of 14 degrees 05 minutes 09 seconds;thence North SS degrees 53 minutes 53 seconds West,tangent to last described curve,328,67 feet;thenoe westerly and southwesterly 63.33 feet along a tangential curve concave to the southeast having a radius of 39.00 feet and central angle of 93 degrees 02 minutes 12 seconds to the west line of said Lot 1,Block 1;thence North 1 degrees 56 minutes 05 seconds West along said west line,not tangent to last described curve,a distance of 96.19 feet to the northwest comer of said Lot 1;thence South 69 degrees 39 minutes 03 seconds East along the north line of said Lot 1,a distance of 144.36 feet;thence southeasterly on said north line of Lot 1,a distance of 26.76 feet along a tangential curve concave to the southwest hawing a radius of 151.67 1 INCH = $0 FEET feet and central angle of 10 degrees 06 minutes 39 seconds;thence South 79 degrees 32 minutes 29 seconds East along said north line of Lot 1,tangent to last described curve,49.41 feet;thence Easement southeasterly and easterly along said north line of Lat 1,a distance of 34.55 feet along a tangential �/ curve concave ba the northeast having a radius of 198.33 feet and central angle of 9 degrees 5B E— Area minutes 54 seconds;thence South 89 degrees 31 minutes 23 seconds East tangent to last described curve,along said north line of Lot 1,a distance of 18.37 feet;thence southeasterly along said north line of Lot 1,a distance of 67.79 feet along a tangential cuve concave to the south hawing a radius of 301.67 feet and central angle of 12 degrees 52 minutes 29 seconds to the pant of beginning. I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION,OR REPORT /�� SURVEY WAS PREPARED BY ME OR UNDER MY DIRECTSUPERYISION f198801626V106dwq AND THAT I AM A DULY LICENSED PROFESSIONAL LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA- DANENfl LJ ROEBER ANnneapola Cc�e DRAWN PRINT NAME. 733,A arCqueft Ave DJR Suite 1000 minneopofs,MN 55402 SIGNATURE= Phone 612-712-2MO PROD.NO. DATE NOVEMBER 20,2620 LIC.NO. 43133 websle-wwwitanteezom 173801B28 47 of 77 OAK PARK HEIGHTS, MN L� 15 Drainage&Utirty TEdsenne^a oer BRAUCB�I'Y ADDMT IN :G aytt West line of Lot 2.Bhdt 1, t: ^T lb'a IY i THE SH,rITES 1�F()AK PARK T�5 �, fr• HEIGHTS2NDADDITION LCL.—K r sin IA ' y r 1 tigy ya TI In- ^I 1n.�751r; n� n+�u,' C7rt ill nk r�UL �.w v n% rtir. � W _ I It-If�l IT^ �AIr-+ F r3 r'+I TIlIAI W II S 2I " ALI LJI I I0IY Ly ' +a`� l I N88'S3r53w/Y N °ZO'17W a Y t:v k 123.I3 °26'17g7t, 4= 0 " Tz.99 N88° W 01 141.49 2-10 •+ I 144.36 S89'391WE j •r P 49.4! I I '1{ei.�f• 57ge�, ••y i I 187.37 A —� s Ir 589°31 23"E .gyp 1a I I �ti L p a South line of Lot L Bleck 1, � b1� THE SIR VIPES I F 1"PARK S, M� I HEIGHTS 2ND ADDTTIt:)N I � I Southei st corner of Lott 2, Slock 1,THE SWffEs 13F-- (AK 3F-(AK PARK HEIGHTS 2ND ADDrM fl ROADWAY,TRANSPORTATION,PUBLIC INFRASTRUCTURE,AND UTILITY EASEMENT An easement For roadway,transportation,public infrastructure,and utility purposes over,under,and across that part of Lot 2 Bloat 1,THE SHOPPES OF OAK PARK HEIGHT'S 2ND ADDITION,according to the recorded plat thereof,Washington County,Minnesota described as Follows: Beginning at the southeast comer of said Lot 2, Bleck 1;thence North 00 degrees 23 minutes 2B seconds East,assumed healirg along the east of said Lot 2,a distance of 9.24 feet;thence northwesterly 72.10 fleet along a tangential curve correave to the south having a radius of 5816.00 feet,a central angle of 7 degrees 07 minutes 22 seconds and having a chord bearing of North 85 degrees 20 minutes 12 seconds West,:thence Nath BB degrees 53 minutes 53 seconds West tangent to last deco ihed cove, 141.49 feet;thence North 79 degrees 26 minutes 09 seconds West, 72.99 feet;thence North 88 degrees 53 minutes 53 seconds West, 123,13 Feet;thence easterly, northwesterly,and northerly 59.19 feet along a tangential curve concave to the northeast having a radius of 39.00 feet and central angle of 86 degrees 57 minutes 48 seconds to the wrest line of said Lot 2,Block 1;thence South 01 degree 56 minutes 05 seconds East,not tangent to last described curve and along said wrest line,a distance of 54.42 feet to the southwest corner of said Lot 2r Block 1;thence South 89 degrees 39 minutes 48 seconds East along the south line of said Lot 2,Bkxk 1,a distance of 144,38 feet;thence southeasterly 26.76 feet alorg said south lime of Lot 2,on tangential crlrVe concave to the southwest having a radius of 151.67 feet and central angle of 10 degrees 06 minutes 39 seconds;thence South 79 degrees 32 minutes 29 seconds Eastr tangent to last describe 1 INCH = 80 FEET curve along said south line of Lot 2r Black 1,a distance of 49.41 feet;thence easterly 34.55 Feet along said south line of Lok 2,on a tangential curve concaveto the north having a radius of 198,33 feet and central angle of 9 degrees 58 minutes 54 seconds;thence South 89 degrees 31 minutes 23Easement seconds East tangent to last describe curve along said south line of Lot 2,a distance of 187.37 feet; E:/z Area thence easterly 3.20 feet along said south line of Lot 2,on a tangential curve concave to the south having a radius of 301.67 feet and central angle 00 degrees 36 minutes 27 seconds to the pant of beginning. I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION,OR REPORT SURVEY WAS PREPARED BY ME OR UNDER DIY DIRECTSUPERVISION e AND THAT I AAA A DULY LICENSED PROFESSIONAL LAND SURVEYOR 193801828V107.dx�g UNDER THE LAWS OF THE STATE OF MINNESOTA_ PRINT NAME: DANIEL J ROEBER ANnir wpvfi Ofte DRAWN Mon*mff+@ Ave DJR 5tiffe low SIGNATURE: Min k MN&FVM PROD.NO. Maw 612-712-2= DATE NOVEMBER 20,2020 LIC.NO. 43133 WmbdwwwNjft rft=xO n 1 9 3 60 1 628 48 of 77 OAK PARK HEIGHTS, MN 11.-r/• 111T ` N lrl Art rtl Tlr 3NI rl _I.1ri l =' r]�I.0 rtuur r ry Z 61 W � North ine of Lot Z Block 1, ix —THE SHOPPE5 OF OAK RW Eg cn qhs Bir fif HEIGHTS � 460. 3co �z C Y 8 IrJ�X y � f f l 60.7e ti ea2lo- s2$ �3`� w S84°27C1fi'w a?$"53 `W r, as `fit+' 'zR1T3 NB9°36'32"W`^`�1r— 64.1g $ 100.69 S7-0 191,44-E U 146,67 00 NOV27%'E 514 . Wer line of Lot 2,Bkldk 1 9[[r 4�FL1°tl3'�S` rr THE SIRffE5 OF OAK PARK + 1 HEIGHTS nF n" , t iIrTIr`".II,-.�In iTr ^ r1- f`fD nrrr[ ARKFEast $� iroe of Lt 2,Bbdk 1, rf F THE SHOPPES OF 0AX PAW "EIGHTS ROADWAY,TRANSPORTATION,PUBLIC INFRASTRUCTURE,AND UTILITY EASEMENT An easement for roadway,transportation,public infrastructure,and utility puposes ower,under,and across that part of Lot 2, Block 1,THE SHOPPES OF OAK PARK HEIGHTS,according to the seconded plat thereof,Washington County,Minnesota described as follrnas: Beginning at the northwest earner of said Lot 2,Block 1;thence South 00 degrees 26 minutes 03 seconds West along the west line of said Lot 2,a distance of 57.62 feet;thence South 74 degrees 48 minutes 44 seconds East,126.21 feet;thence southeasLeHy and easterly 76.90 feet along a tangential curve concave to the north having a radius of 280.00 feet and central angle of 15 degrees 44 minutes 10 seconds;thence North 89 degrees 27 minutes 06 seconds East,tangent to last described curve, 146.67 feet;thence easterly and southeasterly 77.01 feet along a tangential curve concave to the south having a radius of 220.00 feet and central angle of 20 degrees 03 minutes 25 seconds;thence South 70 degrees 29 minutes 29 seconds East tangent to last described curve,12.86 fleet to the east line of said Lot 2;thence North 01 degrees 52 minutes 01 seconds West along said east line of Lot 2,a N distance of 64.22 feet;thence northwesterly and westerly B7.46 feet along a non-tangential curve concave to the south having a radius of 280.00 feet,a cenbal angle of 17 degrees 53 minutes 52 seconds,and having a chord bearirg of North BI degrees 35 minutes 58 seconds West;thence South 89 degrees 27 min utes 06 seconds West tangent to last described curver 64.19 feet to the east line of Lot 3,Block it THE SHOPPIM OF OAK PARK HEIGHTS 2ND ADDITION,according to the recorded plat thereof,said Washington County;thence South 01 degrees 52 minutes 01 seconds West along said east line of Lot 3, Block 1,a distance of 14.63 feet to the southeast corner-of said Lot 3r Block 1,said 1 INCH = 80 FEET point is also on the northerly line of said Lot 2,Bloch 1;thence North 89 deglres 36 minutes 32 seconds West along said north line of Lot 2,Block 1,a distance of 100.68 feet;thence westerly and northwesterly along said north line of Lot 2,a distance of 74.09 feet along a tangential curve concave /SII Easement to the northeast having a radius of 198.33 feet and cenbaangle of angof 21 degrees 24 minutes 13 seconds; EIA Area thence along said north line of Lot 2,North 68 degrees 12 minutes 19 seconds West tangent to last describe curve,71.52 feet;thence northwesterly along said north line of Lot 2,a distance of 44.44 feet along a tangential curve concave to the southwest having a radius 301.67 feet and central angle(x`8 degrees 26 minutes 27 seconds to the pant of beginning. I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION,OR REPORT SURVEY" WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AAA A DULY LICENSED PROFESSIONAL LAND SURVEYOR Stantec 19380182BV505.dx+g UNDER THE LAWS OF THE STATE OF MINNESOTA- PRINT ROEBER MinlleapolS Office DRAWN PRINT NAME: 733,.MarqueFte Ave D J R Suite l00D - m1lineapA5,MN 554M SIGNATURE: Phone:612-712-= PROD.NO. DATE NOVEMBER 20,2020 LIC.NO. 43133 weule."'%4'.Y.St r4eczorn 193801928 49 of 77 From: Mary Mccomber To: Eric Johnson Subject: Fwd:A New Era of Local-Federal Partnership Date: Wednesday,January 20,20218:41:39 AM For weekly notes -----Original Message----- From: Alejandra from NLC<piers-torres@nlc.org> To: marymccomber@aol.com Sent: Wed, Jan 20, 2021 8:04 am Subject: A New Era of Local-Federal Partnership Access your weekly NNL��C member roundup! of January 1 2021 -Midwest -• • A New Era of Local-Federal Partnership U A New Era of Federal-Local Partnership: Inauguration 2021 Today, Joe Biden and Kamala Harris become the next President and Vice-President of the United States of America. Vince Williams, Mayor of Union City, Georgia, and First Vice President of the National League of Cities shares the hopes and vision for cities, towns and villages in this new era of intergovernmental partnership. ■ xLearn Morex Upcoming Winter-Friendly Cities: Addressing Social Isolation in Winter Webinar Thursday, January 21, 12:30 PM EST 50 of 77 Hear from our partners at 8 80 Cities and Cities of Leadville, Eau Claire and Buffalo on how to create inclusive winter public spaces. REGISTER HERE > Catalyzing Next Generation University-State- City Partnerships for Economic Opportunity 8 Thursday, January 28, 2:00 PM EST Learn how local leaders are addressing workforce needs in the first webinar of a series on Innovation and Economic Prosperity Universities. REGISTER HERE > ■ Congressional City Conference 2021 ®w J8 J8, NEW REPORT: The Eviction NEW BRIEF: Gaining Prevention Cohort: Highlights Community Health Allies for from the Five-City Pilot Healthy Homes Programs 51 of 77 With cities on the frontlines of policy The first brief in the Housing Hazards and response efforts, the Eviction Prevention Health Stakeholder Series shares ways to Cohort was launched by NLC in partnership engage local health stakeholders, such as with Stanford Legal Design Lab. Learn more public health departments, community about the strides five cities made to support groups and insurers to improve healthy their most vulnerable renters and build homes programs for residents. support among their local landlords. ■ ■ Thanks for reading the latest articles and events from the NLC, where local leaders and their staff go to learn and grow. 'Til next time! Sincerely, Alejandra Piers-Torres Midwest Member Engagement Manager, NLC 8 piers-torres@nlc.org Helpful NLC Links: Articles Upcoming Events 8 ;8 8 Resources &Training Advocacy If this message is not displaying properly, please view in browser. 52 of 77 National League of Cities R You may opt out of email communications from NLC at any time. Update your communication preferences. This message was intended for: marymccomber@aol.com 660 North Capitol Street, NW, Suite 450, Washington, DC 20001 Privacy Policy I @ 2021 NLC, All Rights Reserved Powered by Higher Logic 53 of 77 From: Mary Mccomber To: Eric Johnson Subject: Fwd: Learn Why Local Leaders Are Declaring Racism A Public Health Crisis Date: Saturday,January 16,20218:57:55 AM For weekly notes -----Original Message----- From: National League Of Cities (NLC)<news@nlc.org> To: marymccomber@aol.com Sent: Sat, Jan 16, 2021 6:07 am Subject: Learn Why Local Leaders Are Declaring Racism A Public Health Crisis News,resources and events for local leaders and staff. of Why Local Leaders Are Declaring Racism A Public Health Crisis 8 Why Local Leaders Are Declaring Racism A Public Health Crisis The framing of racism as a "public health crisis" is a somewhat recent development for cities, towns, and villages, but it can create urgency around the fight to end racism across our local policies, practices, and procedures. To date, more than 90 cities, 65 counties, and five states have declared racism as a public health crisis and several more are mobilizing to make this public declaration. ■ 54 of 77 LNe: R A NLC Issues Statement on What Social Media is Telling Navigating the Political Threats of Violence Toward us About Local Workforce Landscape for Early U.S. State Capitols Development and Childhood Success Infrastructure .- .- ■ ■ ■ iff Industry News What We're Reading: • Decimated city budgets could lead to cuts in emergency services -National Journal Today (January 14, 2021) • Jackson's Chief Administrative Officer joins National League of Cities - WJTV News 12 (January 13, 2021) • How cities are preparing to deal with violent threats ahead of Inauguration day - Yahoo Finance (January 13, 2021) • Public-private partnerships are key to COVID recovery, say US mayors - Cities Today(January 12, 2021) 55 of 77 Announcements Coronavirus Response and Relief Provisions On Dec. 27, 2020 President Donald Trump signed the Consolidated Appropriations Act of 2021 (H.R. 133) funding the federal government through Sept. 30, 2021, providing emergency coronavirus relief and authorizing other matters. NLC has taken a closer look at all the programs and provisions in the legislation that are important to local governments across the country. Learn More > 2021 National Day of Racial Healing The National League of Cities is pleased to continue our participation in the fifth annual National Day of Racial Healing on Jan. 19, 2021. NLC members are invited to mark the date. It's easy to join: Tune in to the national livestream Tuesday, Jan. 19 at 3 p.m. ET via the W.K. Kellogg Foundation's YouTube Channel. Learn More > NLC Elects New Chairs & Vice-Chairs for Member Councils The National League of Cities has elected new leaders for its Member Councils, which represents the variety of communities that make up NLC membership. Individuals were elected during the 2020 Virtual City Summit Conference. Learn More > 8 Job Openings 56 of 77 See who's hiring right now: • Director of Communications -City of Baltimore • Assistant/Deputy City Manager-City of Roanoke • Business and Industry Manager- Prosper Portland ■ Helpful NLC Links: Articles Upcoming Events ;0R JR, j®l Resources &Training Advocacy If this message is not displaying properly, please view in browser. National League of Cities R You may opt out of email communications from NLC at any time. Update your communication preferences. This message was intended for: marymccomber@aol.com 660 North Capitol Street, NW, Suite 450, Washington, DC 20001 Privacy Policy I @ 2021 NLC, All Rights Reserved Powered by Higher Logic 57 of 77 i c =r cr m W c MK cr m o m C o 0 - C m • m X r n 3 = _.rt. 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