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HomeMy WebLinkAbout1992-03-17 Developer's Agrement • ' I CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into this 17th day of Manch , 1992, by and between the City of Oak Park Heights, a municipal corporation under the laws of the State of Minnesota (the "City "), and Independent School District No. 834 (the "Developer "). WITNESSETH; That: WHEREAS, the Developer has made application to the City Council for approval of a Conditional Use Permit to construct a senior high school within the corporate limits of the City described as follows: See Attached Exhibit A (the subject property) and; WHEREAS, the City Council has on December 9, 1991, granted approval to the subject property, on the condition that the Developer enter into this Agreement stipulating the conditions for the installation of street, water, sewer and other public improvements as well as the development of on -site improvements hereinafter described, all in accordance with the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: Designation of Improvements: Improvements to be installed at Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Plan A Improvements ". Improvements to be installed by the City and paid for by Developer are hereinafter referred to as "Plan B Improvements ". I. PLAN A IMPROVEMENTS: The Developer will construct at Developer's expense the following improvements under Plan A according to the following terms and conditions: A. The Developer shall do all on -site grading, including: school pad elevations, building sites, common greenway and open spaces, storm water storage ponds, surface drainage ways and all private driveways including sodding of boulevards, all in accordance with the approved grading, drainage and site plan. A grading plan with maximum two (2) foot contours, building pad elevations, drainage provisions, erosion control provisions and cross sections, as necessary, shall be submitted to and approved by the City prior to commencement of any site grading. Any changes to the grading plan during construction shall be submitted to the City for approval. B. The Developer shall control soil erosion ensuring: 1. All development shall conform to the natural limitations presented by the topography and soil of the subdivision in order to create the best potential for preventing soil erosion. The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction; said plan shall be approved by the City prior to the commencement of site grading or construction. 2. Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures as required by the City shall be installed prior to development when necessary to control erosion. Any control measures required by the City shall be communicated to the office of the City Engineer, in writing, directed to Independent School District No. 834. If Independent School District No. 834 should object to any recommended control measures suggested by the office of the City Engineer, Independent School District No. 834 shall contact the City of Oak Park Heights to schedule a meeting with the City Council, who shall be the final authority to resolve any issues as it affects additional control measures to be required under the terms of this paragraph. 3. Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. 4. Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development. 5. All drainage site grading, storm water ponding and soil erosion control measures shall also be subject to any terms or conditions imposed by the Valley Branch Watershed District as part of their permitting process as it relates to this project. 2 All Valley Branch Watershed District requirements shall be complied with by the Developer as part of the Conditional Use Permit. C. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. D. The Developer shall be responsible for maintaining the location of and protecting all on -site utilities, including but not limited to: curb stops, water services and sewer services. Any service or curb stop damaged shall be repaired or replaced as specified by the City. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil (after grading) or driveway surface. E. The Developer shall be required to provide landscaping and screening as determined by the City within the Conditional Use Permit'and as required by the ordinances of the City. In no instance shall the Developer plant more than 50 percent of the same type of tree. A detailed landscape plan shall be submitted to and approved by the City prior to commencement of final grading and landscaping construction. F. The Developer shall install all street name signs at all intersections and provide other traffic control devices and signs within the subject property determined to be necessary by the City. Temporary street name signs shall be installed by the Developer prior to issuance of the building permit, however, at the discretion of the Building Inspector of the City of Oak Park Heights, temporary street signs may be delayed in their installation to a later date should the Building Inspector determine that on -site construction activities, including grading and building, make installation of temporary street signs impractical at the time of issuance of the building permit. In no event, shall the installation of temporary street signage be made at a date later than the date of surfacing of the parking lot facilities located on the site. The temporary sign shall be constructed of durable materials to be approved by the Building Official. G. Within the graded site, the Developer shall remove all dead and diseased trees before building permits will be issued. 3 H. For the portion of 58th Street adjoining the property acquired by Independent School District No. 834, the Developer shall be responsible for street maintenance, including curbs, boulevards, sod and street sweeping until the project is complete. All streets shall be maintained free of debris and soil until the project is completed. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when the street becomes impassible, such streets shall be barricaded and closed. The repair of any damage done to the streets or public utilities during the construction period shall be the financial responsibility of the Developer. I. The Developer shall furnish street lights in accordance with the City's street lighting plan. General Requirements: 1. Street lighting shall be owned, installed, operated and maintained by the electric utility company (NSP). City and utility company shall enter into a contractual agreement on the rate and maintenance of the street lighting system. 2. It shall be the responsibility of the Developer to: a. Reimburse the City for the first two (2) years of operating cost of the street lighting system. b. Pay the electric utility company any cost incurred in the installation of the street lighting units not covered in the electric utility company rate for this service. This payment shall be required to be guaranteed as part of the Plan A security. c. The two year payment schedule (policy) shall be put into effect upon installation of each lighting unit. d. All these costs shall be guaranteed by part of the Plan A security. J. Park Dedication Fee. In lieu of payment of park dedication fees otherwise required under the ordinances of the City of Oak Park Heights, the Developers constructing various sporting and athletic fields shall allow their use by the public in addition to the school population. The Developer shall continue to work to 4 assure the public access to and right of use of the various athletic fields, playing fields and facilities for community athletic events. The intent of this paragraph is not to alter the existing priorities that have been established by Independent School District No. 834 for the use of their playing fields and facilities, but to assure the continued use of those facilities by the public. K. The Developer shall dedicate and survey all storm water holding ponds as required by the City. The Developer shall be responsible for storm sewer cleaning and holding pond dredging, as required, by the City prior to completion of the development. The Developer shall also dedicate to the City of Oak Park Heights all easements requested by the City for storm water drainage and ponding purposes, storm drainage pathways, areas necessary for storm water piping, etc. All such storm water drainage easements and related facilities shall be identified by the office of the City Engineer for the City of Oak Park Heights and shall be conveyed to the City of Oak Park Heights by the Developer upon issuance of the building permit. L. The Developer shall be responsible for securing all necessary approvals and permits from all appropriate federal, state, regional and local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public utilities. Inclusive of permits and approvals to be obtained including, but not limited to, Valley Branch Water Shed District (final drainage approvals) and Minnesota Department of Transportation (highway access permits). M. DESCRIPTION OF IMPROVEMENT ESTIMATED COST 1. Boulevard and swale sod $ incl. 15 2. Boulevard trees incl. 15 3. Street signs N/A 4. Street lights $ 60,000.00 5. Utility protection and repair incl. 6. Street protection and repair inc. 7. Grading $1,166,000,00 8. Pond grading and seeding incl. 7 & 15 5 9. Lateral sanitary sewer $ 40,000.00 9A. Grease traps $ 5,000.00 10. Lateral water main $ 125,000.00 11. Building utility services and meters $ 2,000.00 12. Storm sewer connections and lateral improvements $ 269,000.00 13. Curb and gutter $ 281,261.00 14. Surfacing (parking lot improvements) $ 211,000.00 15. Landscaping $ 329,000.00 TOTAL ESTIMATED CONSTRUCTION COST OF PLAN A IMPROVEMENTS: $2,488,261.00 N. CONSTRUCTION OF PLAN A IMPROVEMENTS. 1. Plans, Specifications and Construction. The plans, bid specification and the construction of all of the aforementioned Plan A Improvements shall be subject to the final approval of the City of Oak Park Heights of the Office of the City Engineer. All bids, specifications and plans shall be approved by the Office of the City Engineer for purposes of ensuring capability with city utilities and ordinance compliance. 2. Inspection. All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. 3. Easements. The Developer shall dedicate to the City, prior to approval of the final plat and /or Conditional Use Permit, at no cost to the City, all permanent or temporary easements necessary for the construction and installation of the Plan A and Plan B Improvements as determined by the City. All such easements required by the City shall be in writing, and in recordable form, containing such terms and conditions as the City shall determine. 4. Faithful Performance of Construction Contracts. The Developer will fully and faithfully comply with 6 all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Plan A Improvements and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Plan A Improvements. The City may prohibit connection to and use of city utilities until final certification is received from the Office of the City Engineer that all lateral water lines, lateral sanitary sewer lines, and grease traps have been constructed in compliance to the approved bid specifications for said improvements. II. PLAN B IMPROVEMENTS: The following improvements will be installed by the City at the Developer's expense according to the following terms and conditions: DESCRIPTION OF IMPROVEMENT ESTIMATED COST A. Trunk sanitary sewer $ 173,487.60 B. Trunk water main $ 224,442.00 C. Storm sewer $ 289,348.20 (Neither items A, B, or C include cost of construction of laterals which are part of the PLAN A Improvements) D. 58th Street Improvements $ 182,586.60 E. Connection charges i. sanitary sewer $ 27,885.00 ii. water works $ 180,899.00 TOTAL ESTIMATED COST OF PLAN B IMPROVEMENTS $1,078,648.40 ESTIMATED ENGINEERING $ 161,797.26 TOTAL ESTIMATED COST OF PLAN B IMPROVEMENTS $1,240,445.66 PARTIAL ESCROW: $ 225,000.00 That prior to the City ordering the installation and awarding the contracts as it relates to the Plan B improvements and the costs therefor, the Developer shall deposit with the City of Oak Park Heights, the sum of $225,000.00 as a partial escrow of the estimated cost of the PLAN B Improvements. The City shall be allowed to pay from said escrow /deposit any and 7 all expenses related to the construction of the PLAN B Improvements. Upon the City drawing upon said deposit in any amount, the Developer shall be required to replenish the escrow /deposit to the level of $225,000.00 until the Developer shall have paid a total of $1,240,445.66 to the City of Oak Park Heights. The City shall draw upon the escrow /deposited funds for the construction of the PLAN B Improvements. Upon such a draw occurring, the City shall notify the Developer in writing at each such occasion. The Developer shall have ten (10) business days in which to supply the City of Oak Park Heights the funds necessary to replenish the escrow /deposit to the level of $225,000.00 which is the established level as is set forth aJ?ove. Failure to replenish the account by the Developer within the time frame allowed within this agreement, shall allow the City of Oak Park Heights to impose the following sanctions: a. To charge a late fee of ten percent (10 %) of the amount due to be paid by the Developer into the City of Oak Park Heights as is necessary to replenish the account to its level as stated forth above, and /or b. To suspend the Developer's Conditional Use Permit and all the construction and /or building permits for the Developer's project as authorized within this Development Agreement. In the event the City of Oak Park Heights receives construction billings from the PLAN B Improvements that at any one time exceed the escrow balance, the City may require the Developer to deposit the total amount then due and owing under such billings into the account using the procedure set forth above as long as the total deposits provided by the Developer under the terms hereof do not exceed $1,240,445.66. The amounts then due and owing under such billings shall be paid into the City of Oak Park Heights using the procedure set forth above. All interest generated from the account utilized by the City of Oak Park Heights for the construction of PLAN B Improvements shall remain the exclusive property of the City of Oak Park Heights. All funds remaining in the account established by the City of Oak Park Heights following the completion of the PLAN B Improvements shall also remain the exclusive property of the City of Oak Park Heights. If the City of Oak Park Heights incurs construction expense for the construction of PLAN B Improvements that exceed the funds deposited within the 8 account by the Developer in the manner provided for within this Agreement, such excess expenses shall be the exclusive responsibility of the City of Oak Park Heights. A. Construction. After the preparation of preliminary plans and estimates by the City, the City Council shall take bids on the projects and thereafter award the contract pursuant to law for the installation of the Plan B improvements under the City's supervision. B. Escrow. No work shall be commenced under this Agreement until such time as the Developer shall have filed with the City the cash deposits in the amount of $225,000.00 to partially secure the payment of the construction of the,PLAN B Improvements in the manner set forth above. C. The Developer shall be provided with a copy of the plans and specifications as prepared by the office of the City Engineer for the Plan B improvements and shall be allowed the opportunity to comment on same prior to final release of the bid specifications by the office of the City Engineer for purposes of receiving bid on the improvements. The Developer shall also be notified of the bid opening date and be provided the opportunity to comment on the bids received prior to the award of the bid on the Plan B improvements. The Developer may recommend rejection of all bids and the rebidding of the project or any portion thereof; however, such recommendation is not binding on the City of Oak Park Heights and the City may award the contract based upon the bids received if it, in its absolute discretion, determines that the bids so received are reasonable. D. All such improvements as constructed shall become the property of the City of Oak Park Heights. The Developer shall dedicate to the City prior to approval of the final plat at no cost to the City all permanent and temporary easements necessary for the construction of such improvements as determined by the City. E. Contracts. All such construction contracts as awarded by the City of Oak Park Heights to construct the Plan B improvements shall provide for a guarantee of the workmanship and materials for a period of one year following the completion of construction of the Plan B improvements. All such contracts shall also conform to the ordinances and specifications of the City in the construction of all Plan B improvements. G. Change Orders. Change orders increasing or altering the contract expense shall be authorized by the City of Oak 9 Park Heights, but a copy thereof shall be provided to the Developer. H. Connection Charges. All connection charges and fees shall be paid by the Developer to the City of Oak Park Heights upon certification by the City's Engineer that the city utilities are constructed and ready to be connected to. The City Engineer shall compute the connection fee as prescribed by ordinance /resolution as to this development and advise the City Clerk as to the appropriate fee to be collected. I. Completion of 58th Street Construction. The City expects completion of the 58th Street Improvements insofar as is necessary to service and provide access to the Developer's property on or before September 1. 1993. The occurrence of significant events that may impede the City's ability to meet that construction date will be communicated to Developer by City. III. PAYMENT FOR ADMINISTRATIVE LEGAL PROFESSIONAL SERVICES CITY OF OAK PARK HEIGHTS. The Developer shall pay to the City of Oak Park Heights from time`to time as billed by the City of Oak Park Heights all expenses relating to this development as and for legal engineering and administrative costs relating to the construction of the public improvements involved within this project and to be incurred by the City of Oak Park Heights in issuance of any subdivision permit, conditional use permit or construction of the PLAN B improvements. IV. GENERAL: A. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the subject property and shall be deemed covenants running with the land. References herein to Developer, if there be more than one, shall mean each and all of them. The Agreement, at the option of the City, shall be placed on record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the subject property and all recording fees, if any, shall be paid by the Developer. B. Incorporation of Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in full. Exhibit B is herewith attached hereto itemizing 10 /'ti the plans, specifications, contracts and specific provisions, planner's reports, governmental subdivision comments, etc. All of such documents are hereby made part of this Agreement by reference as is fully set forth herein. C. As to any and all administrative, legal or engineering costs which the Developer is expected to pay to the City of Oak Park Heights, which costs are to be offset against the cash escrows or Letters of Credit which the Developer has filed and provided to the City of Oak Park Heights, the Developer shall be given the opportunity to review and comment on such costs prior to the application by the City of Oak Park Heights to the escrow for the payment of same. Notwithstanding the above, the City of Oak Park Heights shall be the authority in determining the fairness and reasonableness of all such costs incurred; and the decision by the City Council for the City of Oak Park Heights on any such dispute shall be final and binding. D. Establishment of Construction Schedules. The City Engineer shall establish construction schedules for Plan B improvements and shall consult with the Developer prior to establishing same. The Engineer for the Developer shall establish construction schedules for Plan A improvements, subject to the approval of the City Engineer. V. SPECIAL PROVISIONS. A. Special Police Services. 1. Juvenile Officer. The Developer shall annually pay to the City of Oak Park Heights 25% of the budgeted services incurred by the City of Oak Park Heights Police Department in maintaining a juvenile officer. All such amounts shall be annually due to the City of Oak Park Heights and shall be billed to Independent School District 834 on or before January 1 of each year by the Chief of Police of the City of Oak Park Heights. Thereafter, payments shall be made to the City of Oak Park Heights within 60 days of the date of the billing by Independent School District 834. 2. Special Police Services. The City of Oak Park Heights shall not be required to provide special police services for special athletic, entertainment or extracurricular activities provided on -site by the school district. However, the school district may from time to time make arrangements with the City of Oak Park Heights to purchase special police services for extracurricular activities that they 11 may desire to have police security or public safety officials present. 3. Parking Lot Security. Independent School District No. 834 shall provide its own security service for parking lot supervision inclusive of regulation and control of parking activities in all of the parking areas of the high school complex. B. Fire Protection Services. The City of Oak Park Heights presently does not maintain its own fire department but purchases services for fire protection annually on a contract from Bayport Fire Department. At the present time, the City of Oak Park Heights is charged on a per call basis, which charge is periodically submitted to and paid by its commercial and business entities based upon calls to each entity. The Developer, Independent School District No. 834 shall be solely responsible to the City of Oak Park Heights to pay all expenses incurred by the City of Oak Park Heights in providing fire protection services to the site by the City of Oak Park Heights. Upon the receipt of any billing from the City of Bayport as it relates to fire protection calls to the Senior High School site, the same shall be remitted by the City of Oak Park Heights to Independent School District No. 834 who shall pay same to the City of Oak Park Heights within 30 days after their receipt. In the event that the City of Oak Park Heights and the City of Bayport subsequently renegotiate, the manner in which fire protection services are billed to the City of Oak Park Heights by the City of Bayport, the terms and conditions of this provision shall be renegotiated between Independent School District No. 834 and the City of Oak Park Heights. C. Conditional Use Permit. The terms and conditions of the Conditional Use Permit to be issued to Independent School District No. 834 by the City of Oak Park Heights are specifically incorporated by reference herein and are made a part hereof as if originally set forth. A true and correct copy of the Conditional Use Permit is herewith annexed hereto as Exhibit C and incorporated by reference herein. D. Special Traffic Control Devices. Should Independent School District No. 834 request the construction of any special pedestrian traffic control devices in the area of the high school complex across 58th Street as now projected within the referenced plans and drawings as have been submitted by Independent School District 834 to the City of Oak Park Heights, the cost for construction and maintaining of said special pedestrian 12 control devices shall be paid for by the Developer at its sole and exclusive expense. Special pedestrian traffic control devices shall be inclusive of but not necessary limited to school crossing flashing warning devices, lighted walkways, special signage, etc. E. The provisions of this Section affecting police and fire protection services may be annually reviewed by the City Council on request of the Developer. VI. VARIANCE AS TO HEIGHT RESTRICTION. The Developer shall have received from the City of Oak Park Heights its variance as to the height of the principal structure to be constructed upon the property prior to the execution of this Agreement. VII. VARIANCE AS TO SIGNAGE. The Developer shall have received from the City of Oak Park Heights its variance as to signage for the development to be constructed upon the property prior to the execution of this Agreement. VIII.FUTURE SITE IMPROVEMENTS AND CONSTRUCTION. The terms and conditions of this Development Agreement apply only to those structures as are proposed to be built and identified within the annexed exhibits. Any future construction of additional buildings, appurtenances, facilities, or structures of any nature shall require a separate building permit and amended Conditional Use Permit from the City of Oak Park Heights and shall not be served by utility services from the City of Oak Park Heights unless utility fees and connection charges are specifically calculated and collected as part of any application for a permit process. Certain areas set forth upon the subject property on which the high school will be built have been deleted for computation purposes from the existing computations for utility charges and connection charges and any use of those areas by way of construction of buildings, structures or appurtenances thereto shall require payment of all appropriate connection and area charges as are then set forth by the ordinances of the City of Oak Park Heights. IX. MNDOT/HIGHWAY 5 IMPROVEMENTS. All improvements to be constructed adjacent to Developer's property along Trunk Highway 5 consisting of Highway 5 bypass construction costs and other related expenses, are not provided for nor intend to be provided for within this Agreement, but shall be separately negotiated between Independent School District 834 and Minnesota Department of Transportation and to the extent necessary, the City of Oak Park Heights at the time that such construction is proposed by the Minnesota Department of Transportation of such improvements. IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed on the day and year first above written. 13 The instrument was drafted by the City Attorney. CITY OF OAK PARK HEIGHTS In the presence of: 6 ( / c-e BY: 4a,(40.-f_e(._ ' 6J_ 2// Its: /�tC�y� --� and Gt / c� BY Its: -4.r.Q ' DEVELOPER: In the presence of: INDEPENDENT SCHOOL DISTRICT NO. 834 AO ACE - - - -4 BY: i4t),,. Vp Its: and BY: SqAZJOL.AivikA_ALt- 4114_t__-, . ) / f Its: 464. STATE OF MINNESOTA ) )SS: COUNTY OF WASHINGTON) On this /1?- day of , 1992 before me, a Notary Public within and for sa d County personally appeared Barbara O'Neal and La Vonne Wilson, to me personally known, being each by me duly sworn did say that they are respectively the Mayor 14 and the City Administrator /Treasurer of the City of Oak Park Heights, the municipal corporation named in the foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council and said /, and _ _ . L . ; r / - i acknowleed said instrument to be j- free act and • -ed of said municipal corporation. ;" JUDY L HOLST �• � �' NOTARY PUBLIC •MINNESOTA WA SHING TON COUNTI/ //4(--74-- MvOmmlimitmeeMm14740 Nota - b c (Notarial Seal) STATE OF MINNESOTA ) . )SS: COUNTY OF WASHINGTON) On this !or day of , 1992, before me, Notar ic, within and for sai County perso ally appeared and . ,..�,<.L to me personal y known, being e c bymeuly s orn did say that they are espe tively the and the of Independent School District No. 834 the corporation named in the foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corpor tion. by authority of its B d o Directors and said and acknowledged said instru nt to be the free act and deed of said corporation. Lt < < - , ir. ��. ;.7 Barbera A. Cotizzl otary Public / ■ v ► +y Cann. bap. 6 -13 -94 i THIS INSTRUMENT WAS DRAFTED BY: Mark J. Vierling, Esq. ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 Northwestern Avenue Stillwater, Minnesota 55082 15 EXHIBIT "B" 1. November 20, 1991 correspondence VBWD to A. Matzke 2. December 16, 1992 transmittal Matzke to Eckberg, Lammers, Briggs, Wolff & Vierling 3. October 10, 1991 NAC Planners Report 4. December 11, 1991 Matzke to Eckberg, Lammers, Briggs, Wolff & Vierling 5. November 13, 1991 Armstrong, et. al. Memo 6. November 27, 1991 Barr Engineering Memo 7. November 19, 1991 BAA Letter to City Administrator 8.. November 6, 1991 Washington County Department of Health, License #7426 9. October 30, 1991 BAA Letter to City Administrator 10. Stillwater High School EAW Worksheet 11. June 26, 1991 MPCA Letter to LaVonne Wilson regarding EAW 12. June 20, 1991 MDNR letter to LaVonne Wilson regarding EAW 13. June 6, 1991 NAC to Dan 14. July 17, 1991 NAC to OPH 15. September 30, 1991 NAC to OPH 16. February 13, 1992 Minutes VBWD (Appr. February 27, 1992) 17. February 18, 1992 Letter to BAA for VBWD 16