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Boutwells Landing - Tunnel
PRIVATE PEDESTRIAN UNDERGROUND TUNNEL AND WALKFitE WAY C.4 y EASEMENT AND AGREEMENT THIS PRIVATE PEDESTRIAN UNDERGROUND TUNNEL AND WALKWAY AGREEMENT (this "Agreement"), dated and effective as of August 5th , 2008, is executed by and between City of Oak Park Heights, a political subdivision of the State of Minnesota (the "City") VSSA CARE CENTER, LLC a Minnesota Limited Liabiltiy Company, VSSA BOUTWELLS LANDING, LLC a Minnesota Limited Liability Company, and VALLEY SENIOR SERVICES ALLIANCE a non-profit body corporate of the State of Minnesota (HEREINAFTER COLLECTIVELY"VSSA"). RECITALS: A. The City is the owner of real property being 58th Street laid out and traveled within the City of Oak Park Heights, Washington County, Minnesota, and legally described on Exhibit A attached hereto (the "Property"). B. VSSA is the owner of lands adjacent to 58th Street North in the City on both its north and south boundary adjacent to the main campus of VSSA being :Outlot C, Oak Park Commons being PID # 0502920130010 and Tract A Registered Land Survey No. 125, Lot A subject to easements being PID#0502920130011 and also PID#0502920130009. B. VSSA has requested, and the City desires to grant to VSSA, an non-exclusive underground easement 52.00 feet wide for the construction of a PRIVATE PEDESTRIAN UNDERGROUND TUNNEL AND WALKWAY to be used by VSSA under and through portions of 58th Street North. C. The City is willing to grant the easement granted herein on the terms and conditions set forth in this Agreement. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. GRANT OF PRIVATE PEDESTRIAN UNDERGROUND TUNNEL AND WALKWAY. The City, as owner of the Property, for itself, its successors and assigns, hereby declares, creates, grants and establishes a perpetual non-exclusive easement for the benefit of VSSA for the purpose of access under 58th Street North and through the tunnel to be constructed by the VSSA on that portion of the 58th Street North legally described and depicted on Exhibit A , together with a nonexclusive easement over areas directly adjacent to the Tunnel Easement Area sufficient to provide for reasonable pedestrian access to and from the same, in accordance with the plans and specifications attached and with the terms hereof. The easement is predominantly a subsurface easement allowing for the location of a pedestrian tunnel underneath 58th Street North at the point shown in the attached drawings and descriptions. The tunnel shall at a minimum be maintained no higher than four feet below the traveled surface of 58th Street North and the existing public pedestrian walkway at all times, and no lower than an Elevation of 933.00, or two feet below the tunnel Top of Walk elevation. All surface entrances and exits to the tunnel shall be located on VSSA lands. 2. MAINTENANCE OF TUNNEL AND EASEMENT AREA. The private pedestrian underground tunnel and walkway Easement Area shall be kept and maintained by VSSA in a good and safe condition consistent with general engineering standards and City engineering specifications, which specifications may be changed from time to time. Maintenance of the Tunnel and Walkway Easement Area shall include operating, maintaining, repairing and replacing (including removal of snow, debris, dirt, water and any loose impediments from) the walkway/tunnel and other areas within the Tunnel and Walkway Easement Area and any lighting and signage installed in connection therewith. The Tunnel and Walkway Easement Area shall be subject to periodic inspection at the request of the City for safety and maintenance purposes. 3. Easements to Run with the Land. The benefits and burdens created by this Agreement shall constitute covenants running with the land and shall benefit and be binding upon all present and future owners, and their respective successors and assigns, of any portion of the Property and upon each person having any interest therein derived through any owner thereof. 4. Modification or Clarification of Easements. In the event that subsequent to, and/or as a result of, any fmal construction surveys, additions, reconstruction or replacement of any improvements, it becomes necessary to correct, modify, define or precisely locate any easement granted pursuant to this Agreement, the parties agree to cooperate in the preparation, execution, delivery, and recording of instrument(s) reasonably necessary or appropriate to such purpose. M 5. Indemnification. VSSA, agrees to defend, indemnify and hold harmless the City, its commissioners, officers, employees and agents, from any liability, lawsuit, claim, demand, damage, cost,judgment or expense, including attorneys' fees, arising directly or indirectly from VSSA's use of the easement or performance or failure to adequately perform its obligations pursuant to this Agreement. 6. Termination of Easements. The easement declared, granted, established, and conveyed herein is permanent in nature and may be terminated only by an agreement in writing signed by the parties. As and to the extent required for any reason, the parties agree to execute a recordable document to memorialize, record, or effect any such termination. 7. Further Actions. The parties shall execute and deliver all further documents and take all further actions reasonably necessary or appropriate to effectuate the purposes of this Agreement. 8. Estoppel Certificates. The parties shall provide an estoppel certificate to the other as requested from time to time stating that this Agreement has not been modified, or, if modified, stating the nature of such modification, and certifying that this Agreement, as modified, is in full force and effect. 9. No Partnership or Third Party Beneficiary. This Agreement and any further documents or actions executed by the parties in connection herewith shall not create nor be deemed under any circumstances to create any joint venture or partnership between the parties or render them joint venturers or partners. This Agreement is made solely for the benefit of (i) the parties, and their respective successors and assigns, and (ii) the public and other persons deriving an interest in the Property by or through such parties. No other person or entity shall have or acquire any rights or remedies under this Agreement. 10. Mortgage and Security. No lien of any nature shall be placed by VSSA voluntarily or involuntarily upon the easement property It is the express intent of the parties that this Agreement and the easement and rights granted herein shall not be subject to any lien or encumbrance and maintained in title as the exclusive property of the City subject only to the easement rights granted herein. Each party hereto, upon the written request of the other party, shall obtain written recordable releases from its lenders and other holders of such liens, if any, whereby such lienors agree to extinguish their interests under such liens to the rights and interests created by this Agreement. 11. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties, and their successors and assigns. 12. Time of the Essence. Time is of the essence in this Agreement. 13. Amendment. This Agreement may only be amended, modified or supplemented by an agreement in writing and signed by the parties. 14. Waiver. No waiver of any provision of this Agreement shall be binding unless executed in writing by the party making the waiver. No waiver of any provision of this Agreement shall be deemed to constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver unless the written waiver so specifies. 15. Notices. Any notice required or permitted to be delivered in connection with this Agreement must be in writing and may be given by certified or registered mail, hand delivery or by overnight courier and shall be deemed to be received (a) if given by certified or registered mail, three (3) days after the same is deposited in the United States mail, postage prepaid, certified mail, return receipt requested, or (b) if given by hand delivery, when such notice is received by the party to whom it is addressed, or (c) if given by an overnight courier or delivery service, when delivered by such courier. Notice shall be sent to the address as set forth below. Any party shall have the right to change its address by giving five (5) days' written notice to the other party. If to City: City of Oak Park Heights 14830 58th Street North Oak Park Heights, Minnesota 55082 If To VSSA: Mark Meyer Valley Senior Service Alliance 2845 Hamline Ave No. Roseville, MN 55113 16. Governing Law. This Agreement is entered into in and shall be governed by and construed in accordance with the internal laws of the State of Minnesota. 17. Incorporation by reference. The terms and provisions of the easement shall be supplemented by the following documents which shall be maintained of record in the office of the City of Oak Park Heights: a. 2008 Maintenance and Security Agreement 58th Street dated : August 2008. b. July 10, 2008 Letter from Bonestroo to the City of Oak Park Heights. Requirements recommended therein are hereby imposed as a condition of this Agreement. c. April 30, 2008 Planners Report to the City of Oak Park Heights from Northwest Associates Consulting. 18. Reservation of Rights. The City reserves unto itself, its agents or assigns the right to inspect and or test the underground structure put into place by VSSA under this agreement at reasonable times to provide for the public safety and transportation security of the City. Any such testing recommended by the office of the City Engineer shall be at the expense of VSSA. IN WITNESS WHEREOF, the City and the Developers have executed this Agreement to be effective as of the date first above written. In the presence of: CIT 1) 1 . HEIGHTS 1��y avi. udet w /0- Mayor / ric JO son 7 , City y'dministrator In the presence of: VALLEY SENIOR SERVICES ALLIANCE,A MINNESOTA NON-PROFIT CORPORATION - )-- 1/1sD--- By: Mark Meyer Its: Chief Financial Officer In the presence of: VSSA BOUTWELLS LANDING, LLC, A MINNESOTA LIMITED LIABILITY COMPANY )-- LD---- By: Mark Meyer Its: Chief Financial Manager In the presence of: VSSA CARE CENTER, LLC, A MINNESOTA LIMITED LIABILITY COMPANY By: Mark Meyer Its: Chief Financial Manager STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this (01'day of -MI-- , 2008, before me a Notary Public, within and for said County personally appeared Ma Meyer, to me personally known, being the Chief Financial Officer of Valley Senior Services Alliance, a Minnesota Non-Profit 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 corporation by Mark Meyer with the authority of its Board of Directors acknowledging his execution of said instrument to be the free act and deed of said Limited Liability Company. CCs JENR!1 FER M.THOEN ' LA_ tit...V..4 NETARY PUBLIC-MINNESOTA `My Commission Expires Jan.31,2012 0 Nota ■ Public STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON) On this et day of Tvt. 1- , 2008, before me a Notary Public, within and for said County personally appeared Milk Meyer, to me personally known, being the Chief Financial Manager of VSSA Boutwells Landing, LLC, a Minnesota Limited Liability Company,named in the foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said limited liability company, and that said instrument was signed and sealed on behalf of said Limited Liability Company by Mark Meyer with the authority of its Board of Governors acknowledging his execution of said instrument to be the free act and deed of said Limited Liability Company. ti :#110." JENNIFER M.THOEN/ ti c_.0 NOTARY PUBLIC-MINNESOTA > Notary Public I f�l�'�My Commission Expires Jan.31,2012 ,:-C - STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this U. day of Y , 2008, before me a Notary Public, within and for said County personally appeared . k Meyer, to me personally known, being the Chief Financial Manager of VSSA CARE CENTER, LLC, a Minnesota Limited Liability Company, named in the foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said limited liability company, and that said instrument was signed and sealed on behalf of said Limited Liability Company by Mark Meyer with the authority of its Board of Governors acknowledging his execution of said instrument to be the free act and deed of said Limited Liability Company. ✓' ms's JENNIFER M.THOEN \ _L_____ iF, NOTARY PUBLIC-MINNESOTA j o I My Commission Expires Jan.31,2012 r,rr /' — ��:. . -,-- Pubh STATE OF MINNESOTA ) ) ss. COUNTY OF wash'V� r, ) ,J� The foregoing instrument was acknowledged before me this gnAday of La f 2008, by WI/l'ck Pe LL,I,, cLp - and f n's. J dh115W' , the ad' c and Ani in-'5 Di of the City of Oak Park Heights, a political subdivision of the State of Minnesota, on behalf of said political subdivision. JENNIFER M tH0 !.1, ■,... i(.----A "--- '5°story 'ublic if, �P EN MINNESOT - ExAMea Jan.31,2012 1 THIS INSTRUMENT WAS DRAFTED BY: Mark J. Vierling Eckberg, Lammers, Briggs, Wolff &Vierling, P.L.L.P. 1809 Northwestern Avenue Stillwater,MN 55082 (612)439-2878 . • EXHIBIT A LEGAL DESCRIPTION OF PROPERTY AND TUNNEL EASEMENT EXHIBIT(4/21/08) B-1 b / OZ ,/ n IA/ I Y / / o V V L. 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R 0? -- 2.,- so H v _ z m ^ O y 3 D° y p z H 0. 2 - Fia MINNWEST I150 Yankee Doodle Road t: 651-454-0004 BANK' Eagan, MN 55121 f: 651-454-0481 August 6, 2008 Irrevocable Letter of Credit No. 408 To: City of Oak Park Heights City Administrator 14169 Oak Park Blvd. i! 1 Oak Park Heights, MN 55082 Gentlemen: We hereby establish in favor of the City of Oak Park Heights this Irrevocable Letter of Credit Number 408 for the account of VSSA Care Center LLC, 2845 Hamline Avenue North, Roseville, MN 55113, for Boutwells Landing Care Center Project, in aggregate amount of Nine Hundred Seventy-five thousand United States Dollars and no/100, ($975,000.00 USD) This LETTER OF CREDIT shall be in effect for one (1) year and shall be deemed automatically renewed without modification for one (1) additional year from August 6, 2009 or any extended expiration date unless sixty (60) days or more prior to such date we shall notify you by registered or certified mail that we elect not to extend the LETTER OF CREDIT for any such additional period. Partial drawings permitted. Each draft under this Letter of Credit must: 1. Be signed on behalf of the City; 2. Bear on its face the clause "drawn under Minnwest Bank Metro letter of credit number 408 dated August 6, 2008; and 3. Be accompanied by a certification signed on behalf of the City of Oak Park Heights that either(i) VSSA Care Center LLC has failed to comply with the terms and conditions of the 2008 Maintenance and Security Agreement 58th Street Tunnel, dated August 5, 2008, (ii) this letter of Credit will expire within sixty (60) days and this Letter of Credit has not been renewed or replaced as required. Luverne—Downtown I Luverne—Highway 75 I Beaver Creek I Tracy I Slayton I Lake Wilson I Ortonville Redwood Falls—Downtown I Redwood Falls—East I Belview I Danube I Gibbon I Marshall I Morton I St. Cloud I Rochester I Hammond Montevideo—Downtown I Montevideo—Highway 7 I Dawson I Champlin I Eagan I Minnetonka I Sioux Falls I Sioux Falls—East MoneyLine: 1-888-616-2265 www.minnwestbank.com I Member FDIC The original of the Letter of Credit in NOT required to be presented to draw upon this Letter of Credit. Partial draws are permitted. We hereby engage with drawers and/or bona fide holders that drafts drawn and negotiated in conformity with the terms of the credit will be duly honored upon presentation. Except as otherwise state herein, this Letter of Credit shall be governed by the most recent version of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 400. Minnwest Bank Metro _..i►. 44 William J. wanstrom, Market President fir City of Oak Park Heights RIGHT-OF-WAY PERMIT FORM CITY PERMIT NO.: 2008- PERMIT FEE: minimum $150.00 COMPANY PERMIT NO.: DATE: August 12,2008 APPLICANT INFORMATION: DEVELOPMENT/ADDITION/LOCATION DESCRIPTION OR.SITE ADDRESS: Boutwell's Landing/ 13575 58th St.N. OWNER(Applicant): A&P Construction for VSSA Care Center,LLC UTILITY COMPANY: St.Paul Utilities CONTACT PERSON: Jay Walters TELEPHONE NO: 651-484-8766 ADDRESS: 190 Ryan Lane CITY: St.Paul STATE: MN ZIP CODE: 55117 CONTRACTOR INFORMATION: CONTRACTOR PERFORMING WORK: Adolphson&Peterson Construction CONTRACT NAME: Boutwells Landing CONTRACT NUMBER:NA_PHONE: 952-525-2317 CONTRACTOR PERFORMING WORK MUST ATTACH CURRENT CERTIFCATE OF INSUARCE NAMING THE CITY AS AN ADDITIONALLY INSURED AND IN AN AMOUNT NOT LESS THAN$1,000,000.WITHOUT SUCH PROOF OF INSURANCE NO PERMIT WILL BE ISSUED. TYPE OF WORK: XNEW PRIVATE UTILITY /CHANGE OF PRIVATE UTILITY/Tunnel and Storm Sewer XREPLACE/REPAIR -Lower Waterline XCOMMERCIAL DRIVEWAY APRON(WIDTH?) _? feet El RESIDENTIAL DRIVEWAY APRON(WIDTH?) feet CONNECTION TO CITY SYSTEM(REQUIRES PREPAYMENT OF ACCESS FEES): ❑WATERMAIN ❑STORM SEWER ❑SANITARY SEWER ❑OTHER WHAT THE WORK WILL INVOLVE(REQUIRES SECURITY TO PROTECT INFRASTRUCTURE/COMPLETE RESTORATION. Complex plans may incur additional costs for mitigation plan review and inspections. Must include erosion control,protective measures,and restoration plans—all new utilities must be fully located for future GSOC requirements based on the attached requirements for water,sewer and other utilities): XSTREET OPEN CUT(requires approved plan with access,traffic control,and inspected full width restoration-security required) PATHWAY CUT (requires approved plan with full width restoration and security for restoration) XEXCAVATION IN BOULEVARD or CITY OWNED PROPERTY(requires approved plan and security for restoration) XR.O.W.ACCESS(requires approved plan on use control,mitigation and restoration. Must have full marking of new utilities) EXPLANATION OF WORK/ADDITIONAL COMMENTS: Open cut road,install tunnel,clear storm line,drop water line as outlined on approved plans and specifications(P&S) P&S and Development agreements with all restrictions incorporated to this permit. PROPOSED START DATE: 8/14/0.8 PROPOSED END DATE:10/1/08 Applicant agrees to abide by and follow all app licable ordinances,laws,rules,and regulations of any other regulatory bodies,including but not limited to city, county, state or federal regulatory agencies. Applicant acknowledges that placement of its is sub ect to the rights of the City Of Oak Park Heights. utilities in any Right-of--way J Damage,loss or destruction of applicant's facilities will not be restored,its u to remove or ensated or reimbursed by the City and in the event the City rea .n eeeds ds o o reme comp tility services in the area for any damage them in accessing the owner and/or applicant for the utility and in utility locates are required by perpetuity. Applicant shall provide,at its sole expense,full"as-built" drawings for all The App All"as-built" drawings shall be infrastructure installed in the City Right-of-way. or."as-built" "As-builts" shall shall completed by a licensed Minnesota Engineer or Survey of Oak Park shall provided in paper and digital form acceptable to the City Coordinate system. The City including GPS coordinates in the Washington and/or deactivate any and all installed additionally reserves the right to rem provided or infrastructure placed in its Right-of-way should these"as-builts" not be p should these prove inaccurate. etui the responsibility to perform at its expense all The Applicant accepts in perp h' arise or be requested in the necessary locates (Gopher State One Calls)that may or other parties.The Applicant does release and hold harmless future by the City the City from any and all responsibility for utility/service locates. APPLICANT SIGNATURE—by your signature you accept and agree to all conditions as stated AP above and items 1 to 6 below. /3 G' �� On initial application-attached DATE: lAr , T TLE: I O B E C O\I P E E T E D B Y Permit paid with check 467252 for$150.00 CI I Y REQUIRED SECURITY: PERMIT EXPIRATION DATE: per agreements and restrictions: 10/1/08 i 2008 Mainten.And Security Agreement—58th Street Easement 8/5/08 2. Follow Yen.Underground dated June 111th,Tunnel and Walkway ass revised by City Engineer) provided. 3. Must plans dated all City Engineering requirements on pending structural designs,to be p q, Must comply with all City 8 0 of infrastructure/ 5. 'ibis permit is subject to revision atcany City for inspections prior to the covering or burying 6. Applicant shall provide timely improvements. ❑ANNUM TYPE OF FINANCIAL S a . ❑CASH/CHECK DATE: TITLE: 1. `Igr e/ 6t� I��.0 .IG �:�� � w U NO, I(.4 0_..07 4 41 J ' CONTRACTOR LIC SE? YES HAS PROOF OF INSURACE BEEN SUPPLIED? YES Remittance Advice Pane 1 of 1 —r Chick: 4Er7252 Paid by: AP MIDWEST LLC Our Account#: Date: 08/07/08 Paid to: CITY OF OAK PARK HEIGHTS Vendor Code: 34350 Amount: 150.00 Inv.Date Invoice No. Job Number Inv.Amount Discount Amount Paid Retention Remarks 08/07/08 PERMIT 5803 150.00 0.00 150.00 0.00 Check Totals 150.00 0.00 150.00 0.00 k"Arljp \-1'gr- /it- c)i4„....c,.. ,____:_. 1( ....,,,„,.D AUG - 8 2f 0 000 WARNING THIS CHECK IS PROTECTED BY SPECIAL SECURITY GUARD PROGRAMTm,FEATURES , t � � �, : : ; � s r-c yt X t * rt i ` x. t' } 4 fiF e h4, � <t tz of t: 1' ,, � .4' °w ( ( •__• 1 ,. ,e ' :. p9 �( ° ? � ..--`•,'''.. fit$ t K �i b # a.'�r �t„,,) N H s :.t �,,. ',d. s�. �' t ::��� �'� �Y %'" fit f :E... . aid wi r”ti �: J J4 t., �V¢ { !Lr l;!a.J 1 i } 4 r., ' r t nF ! .. .�'�/ '.. y n!'^ ,;• t r y:t. i l'I'n NA` vin :.�` ms •,.µL. ,--,,..-i,e.^'-': ? Y"1 , j• < o r` k� o: • SECURE FEATURES INCLUDE INVISIBLE FIBERS••MICROPRINTING•VOID FEATURE PANTOGRAPH•ENDORSEMENT BACKER•BROWNSTAIN CHEMICAL'REACTANT ii' 46 ? 25 2iI' I:04 L 2038 24 :9600 L89034n' • RIGHT-OF-WAY FEES & CHARGES Base Permit Fee $150+Escrow Deposit Includes initial review, plan and restoration review,permit issuance and tracking, one final inspection. Additional Hourly Fee $60 per hour Based on regular hour rate,does not include overtime or minimum hours for non-standard work hours. Engineer/Legal Services Actual Cost+10% Developer is required to pay for all City-out of pocket expenses;e.g.contract work as required by the City for review, testing, additional mapping,digitizing, survey work, recording, etc. Re-inspections(1/2 hr min) $60 per hour. Escrow Deposit Requirements: Tracer wire installations in grass ROW shall have a$1,000 deposit,minimum, in case engineer needs to be brought in to survey and perform a trace.Separate escrow amounts will be required for street or trail impacts or other excavations based on proposed project, materials and areas to be disrupted. Fees for trenching, excavation,and additional infrastructure impacts will be estimated prior to permit issue and be adjusted for additional work on an hourly basis. • r t PROPOSED START DATE: 801v° PROPOSED END DATE: (?(2461 Applicant agrees to abide by and follow all applicable ordinances, laws, rules, and regulations of all regulatory bodies, including but not limited to city, county, state or federal regulatory agencies. Applicant acknowledges that placement of its utilities in any Right-of-way is subject to the rights and rules of the City Of Oak Park Heights. Damage, loss or destruction of applicant's facilities and/or its resulting business interruption will not be restored, compensated or reimbursed by the City in the event the City needs to remove, relocate or terminate such facilities while accessing its utility services in the area for any reason. Private utility locates are required by the owner and/or applicant for the utility in the Right-of-way and in perpetuity. The Applicant shall provide, at its sole expense, full "as-built" drawings for all infrastructure installed in the City Right-of" way. All "as-built" drawings shall be completed by a licensed Minnesota Engineer or Surveyor. "As-builts" shall be provided in paper and digital form acceptable to the City of Oak Park Heights including GPS coordinates in the Washington County Coordinate system. The City additionally reserves the right to remove and/or deactivate any and all installed infrastructure placed in its Right-of-way should these "as-builts" not be provided or should these prove inaccurate. The Applicant accepts in perpetuity the responsibility to perform at its expense all necessary locates p ry (Gopher State One Calls) that may arise or be requested in the future by the City or other parties. The Applicant does release and hold harmless the City from any and all responsibility for utility / service locates.. APPLICANT SIGNATURE - by your signature you accept and agree to all conditions as stated above. Must be signed by owner, president or CEO of firm installing utilities. • Name j qM fitAf^i'�jft'�n AI0tT.z�1 tit(C 7 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY,MINNESOTA 2008 MAINTENANCE AND SECURITY AGREEMENT 58th STREET TUNNEL rh THIS AGREEMENT, made and entered into this 5 day of August, 2008, by and between the City of Oak Park Heights, a municipal corporation under the laws of the State of Minnesota(the "City" ), and Valley Senior Services Alliance, a Minnesota Non-profit corporation, VSSA Care Center LLC and VSSA Boutwells Landing, LLC, both Minnesota limited liability Companies, (the"Developers"). WITNESSETH; That: WHEREAS, the Developers have made application to the City Council for approval of an amendment to the Planned Unit Development, Site Plan approval all related to the original December 30, 1998 Developer's Agreement and its subsequent amendments affecting land within the corporate limits of the City described as follows: See Attached Exhibit A Boutwell's Landing Main Campus 58th Street Tunnel (the"Project");and, WHEREAS,the City Council has on PA Y 2.7 ,2008,granted approval to the Project, on the condition that the Developers enter into this Agreement stipulating the conditions for the installation of the tunnel under 58th Street and its ongoing maintenance as well as the development of on-site improvements hereinafter described, all in accordance with the terms and conditions hereinafter set forth;and WHEREAS, The property is zoned PUD District with an underlying zoning of R-B, Residential Business. 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 Developers as hereinafter provided are hereinafter referred to as "PLAN A IMPROVEMENTS",to be installed by and paid for by Developers. . ti 1. PLAN A IMPROVEMENTS: The Developers will construct at Developer's expense the following improvements according to the following terms and conditions: A. The Developers shall prepare and submit for review and approval plans and specifications for the project to the City Engineer. Developer shall on construction timetables approved by the City do all site grading, and preparation, traffic management and control, construction management of the project utility relocation, and other tasks specified by the City Engineer according to approved plans. A grading plan with maximum two (2) foot contours, 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 or elevations during construction shall be submitted to the City for approval. The tunnel site must conform to the approved plan approved by the City Engineer of the City of Oak Park Heights prior to any permit being issued. B. The Developers shall control soil erosion ensuring: 1. All development shall conform to the natural limitations presented by the topography and soil of the project in order to create the best potential for preventing soil erosion. The Developers 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 Engineer shall be installed prior to development and as may be necessary to control erosion. 3. The Developers shall not locate its equipment within the right-of-way of 58th Street North or Norwich Avenue North as acquired by , the City of Oak Park Heights adjacent to this development without the express written consent of the City Engineer. 4. 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. 5. 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. C. The Developers shall be responsible for maintaining the location of and protecting all utilities, curb stops, water services and sewer services. Any service or curb stop damaged shall be repaired or replaced as specified by the City. The Developers shall make all necessary adjustments to the curb stops to bring them flush with the topsoil(after grading)or driveway surface. D. The Developers shall be required to provide landscaping and screening as determined by the City and as required by the ordinances of the City. Final landscaping plans must be submitted to the office of the City Planner for approval E. The Developers shall be responsible for traffic control and street maintenance, including barriers, 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. The repair of any damage done to the streets or public utilities by Developers or any of its Contractors or Subcontractors, shall remain the financial responsibility of the Developers. F. The Developers shall furnish construction lighting in accordance with the City Ordinance requirements pursuant to a plan which must receive the approval of the City Engineer. G. Traffic control on and off site. Developers, its agent's, contractors and employees shall follow all directives of the City Engineer relative to traffic management and access to the construction site. Developers shall install construction signage, maintain traffic control personnel and devices to minimize disruption to the public use of 58`h Street North. Detours approved by the City Engineer shall be implemented on site and maintained by Developer . during the course of construction all as directed by the City Engineer. The traffic control plan is subject to review and approval of the City Engineer Prior to receiving permission to close 58th Street North the Developer shall have on adjacent site the pre-constructed, pre-cast concrete forms that are assembled within for tunnel opening to create the walls and ceiling of the tunnel shaft. H. Developers shall be responsible for storm sewer cleaning and holding pond dredging related to construction activities as required by the City prior to completion of the project. The Developers shall be responsible for securing all necessary approvals, PUDs, CUPs and permits from all appropriate federal, state,regional and local jurisdictions prior to the commencement of site grading or construction. Developer shall perform all periodic inspections required by State and City permitting authorities maintaining the tunnel in a waterproof and safe condition. J. Wetland Protection. All areas classified as wetlands shall be protected during construction. Developers shall strictly adhere to and follow directives of the City Engineer relative to construction activities and practices to be implemented on site. K. Tree Protection and Relocation. The Developers shall follow the directives of the City Arborist or a person under her designation providing on-site supervision and direction during the clearing and tree relocation process. L. Warranty of Title. By its execution hereof Developers hereby warrants and represents that it has the exclusive and marketable fee title to the subject property. Developers further warrant and represent that there are no liens or encumbrances against the title or if there are liens and encumbrances that those lienholders will subordinate their interests to this Developer's Agreement. Developer's representative executing this Developer's Agreement also represents that he/she is fully authorized to execute this agreement as the fee owner of the subject lands. M. Fire Hydrants. All fire hydrants throughout the development shall incorporate an AFC —Waterous Storz Nozzle. The hydrant pumper nozzle shall be of one-piece design, compatible with a five inch Storz hose coupling. The nozzle shall be an integral part of the fire hydrants and must be furnished by the manufacturer or authorized distributor designated by the manufacturer. Storz adapters will not be accepted. P. Utility Locations in City Right of Way. In order to maintain compliance with regulations promulgated from the Minnesota Office of Pipeline Safety the Developers, its contractors, subcontractors, and agents shall comply with the following requirements: 1. All right of way work shall require an application with a plan that shall be submitted for city review prior to any work performed in the right of way areas. 2. The layout of utilities, including depths,Land off-sets firmed w materials city staff shall be documented during construction the installation process. 3. Single family residential lots are required to submit an accurate tie card showing the utilities installed and measurements from fixed objects (corner of house, fire hydrants, etc.) to the curb stop, location pins, clean outs and tie in points for all utilities. 4. Multi-family and commercial lots must provide, in addition to the above, professional as built drawings confirmed by field survey, showing the required information. In addition Engineering grade GPS coordinates in the Washington County coordinate system shall be supplied by the builder. These will allow the coordinates to be electronically incorporated in to future city mapping. 5. All installations will require pins be installed directly above all utility lines where they cross lot lines. A corrosion protected trace wire shall be installed six inches below final grade directly above all new utility installations at a minimum through the right of way. The trace wire and tail shall be terminated in a capped vertical conduit that is within two inches of the final grade and pin located at the lot line. 6. The Developers shall hold harmless and indemnify the City of Oak Park Heights from any and all loss or damage resulting from its failure to comply with these requirements including but not limited to expenses the City incurs in correcting errors in information provided by Developers its agents or contractors or remediating problems resulting therefrom in the right of way. 7. Upon failure to provide full documentation as required the City shall notify the Developers who shall have 30 days to secure full compliance. Failure of the Developers to comply will result in the work being assigned by the City to an outside incurred professional in resolving completion of the necessary work. Any costs these requirements shall be assessed to the property or offset from security required under this agreement. � Y 8. City staff shall document the time and materials required to review, confirm and accept the installation documentation and shall invoice Developers for the costs based on the actual work involved or on a fee schedule adopted by the City Council. Q. Faithful Performance of Construction Contracts. The Developer will fully and faithfully comply with 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 two years following the City's final acceptance of the Plan A Improvements and as to settling of soils in the project area will be responsible to remedy any settling for a 5 year period 2. DESCRIPTION OF PLAN A IMPROVEMENTS ESTIMATED COST $8400.00 1. Landscaping $20,030.00 2. Removals and Grading(public) $48,100.00 $ 1720.00 $5250.00 $14,000.00 $156,100.00 $297,250.00 $9,000.00 $11,100.00 $10,100.00 $2,400.00 $3,500.00 $5,000.00 $32,000.00 $624,000.00 $156,000.00 $780,000.00 $195,000.00 $975,000.00 3. Removals and Grading(private) 4. Erosion Control(public) 5. Erosion Control(private) 6. Streets and pathways(public) 7. parking lots and pathways(private) 8. Tunnel 9. Storm Sewer(private) 10. Storm sewer(public) 11. Water Main(public) 12. Pond Protection and Restoration 13. Utility Protection and repair 14. Street Protection and Repair 15. City inspection TOTAL ESTIMATED CONSTRUCTION COST OF PLAN A IMPROVEMENTS: ESTIMATED ENGINEERING,LEGAL AND ADMINISTRATIVE(25%): TOTAL ESTIMATED COST OF PLAN A IMPROVEMENTS: SECURITY REQUIREMENT(25%) TOTAL PLAN A ESCROW 3. CONSTRUCTION OF PLAN A IMPROVEMENTS. A. Coion. The construction, installation, materials by the equipment C ty at the Ste in accordance with the plans and specifications specified in Exhibit B. B. Insp_ e n• All of the work shall be under and subject to ch inspection agency approval of the City and, where appropriate, any governmental having jurisdiction. C. Faithful Performance of Construction Contracts. The Developers will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developers for the installation and construction of all Improvements and hereby guarantees the workmanship and materials. Concurrently with the execution of this Agreement, Developers or its general contractor shall provide security to the City of Oak Park Heights in a form to be approved by the City Attorney, guaranteeing the timely performance by Developers of the construction of the Improvements in a timely and proper manner. Additionally, Developers guarantees and agrees that, should the City of Oak Park Heights need to apply on such security, that Developers shall pay all reasonable attorney's fees and administrative expenses associated with said action. D. Securi . No work shall be commenced under this Agreement until the Developers shall have filed with the City a cash deposit, certified check or Letter of Credit (in a form to be approved by the City emto ey in the security equal to the total estimated cost of the improvements plus requirement of 25% in the total amount of$975,000.00. The City shall have the right to apply against the Letter of Credit all bills incurred by the City with regard to the improvements in the event of Default as provided herein. E. Easements. The Developers shall dedicate to the City, upon approval of the final plat, at no cost to the City, all permanent or temporary necessary for the maintenance of City Water and Sewer utilities impacted by the Plan A Improvements. All such easements shall be 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. INSURANCE REQUIREMENTS Developer further agrees that in order to protect itself as well as the City under the indemnity provision set forth above, it will at all times during the term of this Contract keep in force the following minimal insurance protection in the limits specified: A. A single limit or combined limit or excess umbrella general liability insurance policy of an amount of not less than$500,000 for property damage arising from one occurrence, $5,000,000 for total bodily or personal injuries or death and/or damages arising from one occurrence. Such policy shall also include contractual liability coverage by specific endorsement or certificate acknowledging the contract between the Consultant and the County. B. A single limit or combined limit or excess umbrella automobile liability insurance policy, if applicable, covering owned, non-owned and hired vehicles used regularly in the provision of services under this Agreement, in an amount of not less than $300,000 per accident for property damage, $1,000,000 for bodily injuries and/or damages to any one person, and$1,000,000 for total bodily injuries and/or damages arising from any one accident. C. A professional liability insurance policy covering consulting personnel of the Developer while performing services under this Agreement in the following amounts: Errors and omissions $300,000 per occurrence and$1,000,000 in total for any individual occurrence. D. Workers Compensation Insurance and employers liability as required by law including all states endorsement in an amount of$100,000 for each occurrence. Prior to the effective date of this Agreement,the Developer will furnish the City with certificates of insurance as proof of insurance for general Liability and Auto Liability. Any policy obtained and maintained under this clause shall provide that it shall not be cancelled,materially changed, or not renewed without thirty days notice thereof to the City. 5. ANNUAL TUNNEL MAINTENANCE. Annual and periodic maintenance obligations for Developer on the Tunnel shall be as specified by the City Engineer and may be modified or changed periodically. 6. Council Imposed Conditions: The City Council has imposed the following conditions: a. A tunnel easement, to allow placement of a private access under the City right-of-way, shall be executed with the applicant subject to review and approval of the City Engineer and City Attorney. b. The applicant shall provide a security plan for the tunnel subject to review by City staff. c. The tunnel segments shall be on site prior to closing 58th Street and digging the construction trench. d. The traffic control plan is subject to review and approval of the City Engineer • 7. PAYMENT FOR EASEMENT ACQUISITION.Oak Park HHeights in D theoamount of provide a cash payment to the City of $10,000.00 in consideration of this non-exclusive Tunnel easement 8. 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 Project and shall be deemed covenants running with the land. References herein to Developers, 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 part to subsequent purchasers and encumbrances of all or any p rt o f the Project and all recording fees,if any,shall be paid by the Developers. B. Final Permits and Approvals. The City has given final approval to the Project upon execution and delivery of this Development Agreement, and of all required documents and security, subject to compliance the Ordinances of the City and terms and provisions hereof, permits may be issued by the City. C. 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. Specifically the following Planning Reports and Engineering files and final documentation approved by the City Planner and the City Engineer are specifically incorporated by reference herein and included herein as if originally made part of this agreement. a) July 10, 2008 Letter from Karen S. Erickson P.E. Bonestroo to the City of Oak Park Heights. Requirements recommended therein are hereby imposed as a condition of this Agreement. b). April 30, 2008 Planners Report to the City of Oak Park Heights from Northwest Associates Consulting. c). PRIVATE PEDESTRIAN UNDERGROUND TUNNEL AND WALKWAY EASEMENT AND AGREEMENT dated August 5 2008. 2 D. Administrative and Miscellaneous Ex I enses. As to any and all administrative, legal or engineering costs which the Developers is expected to pay to the City of Oak Park Heights, which costs may be offset against the security which the Developers has filed and provided to the City of Oak Park Heights, the Developers 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 bonding company for the payment of same. Should the Developers dispute the reasonableness of any of the City's charges, Developers shall have the right to submit any such dispute to arbitration at Developer's sole and exclusive expense. Arbitration shall be conducted by the American Arbitration Association and shall be initiated and paid for by Developers. E. Establishment of Construction Schedules. The City Engineer shall have the right to approve and establish all construction schedules for all Plan A improvements and shall consult with Developers prior to establishing same. The construction contracts issued by Developers shall impose penalties and/or incentives to complete the project in foa timely manner as established by the City Engineer. All penalties failure to meet completion dates shall be paid to the City as liquidated damages under this agreement. F. Indemnification. To the fullest extent permitted by law, the Developers shall indemnify and hold harmless the City of Oak Park Heights, its agents and employees from and against any and all claims, damages, losses or expenses, including but not limited to reasonable attorney's fees, arising out of the issuance of this Developer's Agreement by the City of Oak Park Heights and/or arising out of the performance or non-performance of its obligations hereunder by Developers. The foregoing provision shall not include any loss resulting from the indemnified parties own gross negligence or willful misconduct. IN WITNESS WHEREOF, the City and Developers have caused this Agreement to be duly executed on the date and year first above written. In the presence of: CITY OF OAK PARK HEIGHTS 3 ■ r . , ,i, iir.... i.Lbe II AA 3e.,�r' ay. 41111174( Eric 4 o 't.on Ci • i ' 'stator In the presence of VALLEY SENIOR SERVICES ALLIANCE,A MINNESOTA NON-PROFIT CORPORATION 7-v7— By:Mark Meyer Its: Chief Financial Officer In the presence of VSSA BOUTWELLS LANDING,LLC, A MINNESOTA LIMITED LIABILITY COMPANY By:Mark Meyer Its: Chief Financial Manager 4 ' In the presence of YSSA CARE CENTER,LLC, A MINNESOTA LIMITED LIABILITY COMPANY By: Mark Meyer Its: Chief Financial Manager STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON) On this O day of , 2008 before me a Notary Public,within and for said County personally appeared David audet and Eric Johnson, to me personally known,being each by me,duly sworn did say that they are respectively the Mayor and the Administrator 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 Mayor and Administrator acknowledged said instrument to be the free act and deed of said municipal corporation. ,,.04 1, , WOESOTA '`Nd :,S blic 5 1 STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON)) On this A--11 day of , 2008,before me a Notary Public,within and for said County personally appeared Mark eyer,to me personally known,being the Chief Financial Officer of Valley Senior Services Alliance, a Minnesota 1Non-Profit the corporate seal of said corpora, named in the and instrument; and that the seal affixed to said instrument er with the that said instrument was signed and sealed on behalf x execution ofsaidoinstrument to be the free act authority of its Board of Directors acknowledging and deed of said Limited Liability Company. , 1 OP 1 I .ta. _ _,, _....„ . . Public:11°r 1 VIOS dI- 1a MELON y ti N3OH1'W 213�INN3f 1 + ti 6 r • STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON) On this r day of , 2008,before me a Notary Public,within and for said County personally appeared Mark yer, to me personally known, being the Chief Financial Manager of VSSA Boutwells Landing, LLC, a Minnesota Limited Liability Company, named in the foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said limited liability company, and that said instrument was signed and sealed on behalf of said Limited Liability Company by Mark Meyer with the authority of its Board of Governors acknowledging his execution of said instrument to be the free act and deed of said Limited Liability Company. YHOEN ti id 'k * JENNiFPE MINNESOTA C--"Q.---"%--- • WARY Expires J, 31., �y Comm 1 d,;,,,,r ;. OA blic Nor _,,,,-- ---/----l f-F/-/'l. STATE OF MINNESOTA ) )ss. COUNTY OF WA((�SHINGTON) On this ky day of , 2008,before me a Notary Public,within and for said County personally appeared Mark M er,to me personally known, being the Chief Financial Manager of VSSA Care Center, LLC, a Minnesota Limited Liability Company, named in the foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said limited liability company, and that said instrument was signed and sealed on behalf of said Limited Liability Company by Mark Meyer with the authority of its Board of Governors acknowledging his execution of said instrument to be the free act and deed of said Limited Liability Company. ,, � ' JENNIFER M.THOEN ti yl rli �. LL----‘ '."'i ; NOTARY PUBLIC-Expires MINNESOTA Jim.11 2Al2 \ Not r blic Hy Commission y,. 7 i THIS INSTRUMENT WAS DRAFTED BY: Mark J.Vierling Eckberg,Lammers,Briggs,Wolff &Vierling,P.L.L.P. 1809 Northwestern Avenue Stillwater,MN 55082 (612)439-2878 8 EXHIBIT"A" SITE DESCRIPTION {PID#0502920130011, 0502920130012 & 05029201300101 TRACT A REGISTERED LAND SURVEY NO.125, Lot A, subject to easements of record OUTLOT C, OAK PARK COMMONS RLS #125 Lot-00B TRACT B SUBJECT TO EASEMENTS OF RECORD 9 EXHIBIT B SITE LOCATION FOR TUNNEL UNDER 58111 STREET .4akf Y�a I . PARK�; v v m na V lr a � v /......0 n r r T 1 v T C.,rt.,,,„..,6,„ . : ,.....—/ISrexrrr v ■ - F. M. r , /b La .hoar.-wr�f U�a ....6:.1. CAA fiSRA'CGKMiNS ��. Ral' .VOtY'Y _ a � , ,._, ,,,, s6s,z�st' 4.t6 a e 331' ,x. _ __ __ __ !<9YLK3 -- r� ^ !7 T „CRAW I V V f L. Sr5 �_Atilr L.ilA A Ave.,%r Jrcr Lew r^vr�I .. I ! A rt u �r mm oft:Y47r n.'[zx a L. 11 1 :.'J Al JrbglY/4/tS F/a.+w.•J'.K).S.s'n wc_ I Q.0,2X Ski �&.vr Gr emv Abo at,tca s)k_e A .� tin rzruatun MAP SUMAV ..�.x� r h r; -r [I I I n 1 / iJ .r r ,. rt v. i ' a L 1•) L 1.1. �y At (/ V 11 V L 1 I I 1 TRACT A l� +, `s,` D 1 hereby ce /r . 1 I under my G t "el\--/ I • 9 r;w'-irr PRIVATE PEDESTRIAN UNDERGROUND TUNNEL AND WALKWAY EASEMENT AND AGREEMENT THIS PRIVATE PEDESTRIAN UNDERGROUND TUNNEL AND WALKWAY AGREEMENT (this "Agreement"), dated and effective as of August 5th , 2008, is executed by and between City of Oak Park Heights, a political subdivision of the State of Minnesota(the "City") VSSA CARE CENTER, LLC a Minnesota Limited Liabiltiy Company, VSSA BOUTWELLS LANDING,CE aCnon-non-profit body ctorpora Liability of the State Company, of Minnesota SENIOR SERVICES ALLIAN P (HEREINAFTER COLLECTIVELY"VSSA"). RECITALS: A. The City is the owner of real property being 58th Street laid out and traveled within the City of Oak Park Heights, Washington County, Minnesota, and legally described on Exhibit A attached hereto (the"Property"). B. VSSA is the owner of lands adjacent to 58th Street North in the City on both its north and south boundary adjacent to the main campus of VSSA being :Outlot C, Oak Park Commons being PID # 0502920130010 and Tract A Registered Land Survey No. 125, Lot A subject to easements being PID#0502920130011 and also PID#0502920130009. B. VSSA has requested, and the City desires to grant to VSSA, an non-exclusive underground easement 52.00 feet wide for the construction of a PRIVATE PEDESTRIAN UNDERGROUND TUNNEL AND WALKWAY to be used by VSSA under and through portions of 58th Street North. C. The City is willing to grant the easement granted herein on the terms and conditions set forth in this Agreement. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. GRANT OF PRIVATE PEDESTRIAN UNDERGROUND TUNNEL AND WALKWAY. The City, as owner of the Property, for itself, its successors and assigns, hereby declares, creates, grants and establishes a perpetual non-exclusive easement for the benefit of VSSA for the purpose of access under 58th Street North and through the tunnel to be constructed by the VSSA on that portion of the 58th' Street North legally described and depicted on Exhibit A , together with a nonexclusive easement over areas directly adjacent to the Tunnel Easement Area sufficient to provide for reasonable pedestrian access to and from the same, in accordance with the plans and specifications attached and with the terms hereof. The easement is predominantly a subsurface easement allowing for the location of a pedestrian tunnel underneath 58th Street North at the point shown in the attached drawings and descriptions. The tunnel shall at a minimum be maintained no higher than four feet below the traveled surface of 58th Street North and the existing public pedestrian walkway at all times, and no lower than an Elevation of 933.00, or two feet below the tunnel Top of Walk elevation. All surface entrances and exits to the tunnel shall be located on VSSA lands. 2. MAINTENANCE OF TUNNEL AND EASEMENT AREA. The private pedestrian underground tunnel and walkway Easement Area shall be kept and maintained by VSSA in a good and safe condition consistent with general engineering standards and City engineering specifications, which specifications may be changed from time to time. Maintenance of the Tunnel and Walkway Easement Area shall include operating, maintaining, repairing and replacing (including removal of snow, debris, dirt, water and any loose impediments from) the walkway/tunnel and other areas within the Tunnel and Walkway Easement Area and any lighting and signage installed in connection therewith. The Tunnel and Walkway Easement Area shall be subject to periodic inspection at the request of the City for safety and maintenance purposes. 3. Easements to Run with the Land. The benefits and burdens created by this Agreement shall constitute covenants running with the land and shall benefit and be binding upon all present and future owners, and their respective successors and assigns, of any portion of the Property and upon each person having any interest therein derived through any owner thereof. 4. Modification or Clarification of Easements. In the event that subsequent to, and/or as a result of, any fmal construction surveys, additions, reconstruction or replacement of any improvements, it becomes necessary to correct, modify, define or precisely locate any easement granted pursuant to this Agreement, the parties agree to cooperate in the preparation, execution, delivery, and recording of instrument(s) reasonably necessary or appropriate to such purpose. 5. Indemnification. VSSA, agrees to defend, indemnify and hold harmless the City, its commissioners, officers, employees and agents, from any liability, lawsuit, claim, demand, damage, cost,judgment or expense, including attorneys' fees, arising directly or indirectly from VSSA's use of the easement or performance or failure to adequately perform its obligations pursuant to this Agreement. 6. Termination of Easements. The easement declared, granted, established, and conveyed herein is permanent in nature and may be terminated only by an agreement in writing signed by the parties. As and to the extent required for any reason, the parties agree to execute a recordable document to memorialize, record, or effect any such termination. 7. Further Actions. The parties shall execute and deliver all further documents and take all further actions reasonably necessary or appropriate to effectuate the purposes of this Agreement. 8. Estoppel Certificates. The parties shall provide an estoppel certificate to the other as requested from time to time stating that this Agreement has not been modified, or, if modified, stating the nature of such modification, and certifying that this Agreement, as modified, is in full force and effect. 9. No Partnership or Third Party Beneficiary. This Agreement and any further documents or actions executed by the parties in connection herewith shall not create nor be deemed under any circumstances to create any joint venture or partnership between the parties or render them joint venturers or partners. This Agreement is made solely for the benefit of (i) the parties, and their respective successors and assigns, and (ii) the public and other persons deriving an interest in the Property by or through such parties. No other person or entity shall have or acquire any rights or remedies under this Agreement. 10. Mortgage and Security. No lien of any nature shall be placed by VSSA voluntarily or involuntarily upon the easement property It is the express intent of the parties that this Agreement and the easement and rights granted herein shall not be subject to any lien or encumbrance and maintained in title as the exclusive property of the City subject only to the easement rights granted herein. Each party hereto, upon the written request of the other party, shall obtain written recordable releases from its lenders and other holders of such liens, if any, whereby such lienors agree to extinguish their interests under such liens to the rights and interests created by this Agreement. 11. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties, and their successors and assigns. 12. Time of the Essence. Time is of the essence in this Agreement. 13. Amendment. This Agreement may only be amended, modified or supplemented by an agreement in writing and signed by the parties. I s executed 14. Waiver. No waiver of any provision of this Agreement a vier of anylpro vision ding of thissAgreement in writing by the party making the waiver. No shall be deemed to constitute a waiver of any°rtunleps the written not nor shall any waiver constitute a continuing 15. Notices. Any notice required or permitted i en b delivered certi certified or registered mailhhand Agreement must be in writing and may be g Y if given by delivery or by overnight courier and das S after the same is deposited in the United States certified or registered mail,three (3) y if given by hand mail, postage prepaid, certified mail, return receipt requested, or (b) g delivery, when such notice is received by the party to whom it is addressed, or (c) if given by an overnight courier or delivery service, when delivered by such courier. Notice shall be sent to the address as set forth below. Any party shall have the right to change its address by giving five (5) days' written notice to the other party. If to City: City of Oak Park Heights 14830 58th Street North Oak Park Heights,Minnesota 55082 If To VSSA: Mark Meyer Valley Senior Service Alliance 2845 Hamline Ave No. Roseville,MN 55113 16. Governing Law. This Agreement is entered aw into in State of Ish shall be governed by and construed in accordance with the internal laws of the 17. Incorporation by reference. The terms and provisions of the easement shall be supplemented by the following documents which shall be maintained of record in the office of the City of Oak Park Heights: a. 2008 Maintenance and Security Agreement 58th Street dated : August 2008. b. July 10, 2008 Letter from Bonestroo to the City of Oak Park Heights. Requirements recommended therein are hereby imposed as a condition of this Agreement. c. April 30, 2008 Planners Report to the City of Oak Park Heights from Northwest Associates Consulting. the right to 18. Reservation of Rights. The City reserves n o°place by by VSSA under agreement at inspect and or test the underground structure put p reasonable times to provide for the public safety n ineershall b at security of the City. expense of VSSA.Any such testing recommended by the office of the City End I IN WITNESS WHEREOF, the City and the Developers have executed this Agreement to be effective as of the date first above written. In the presence of: CIT 2,, HEIGHTS 11 rvi. udet Maya' d i ric Js f son Cit - dministrator In the presence of: VALLEY SENIOR SERVICES ALLIANCE,A MINNESOTA NON-PROFIT CORPORATION -'1- Ll'a-- By: Mark Meyer Its: Chief Financial Officer In the presence of: VSSA BOUTWELLS LANDING,LLC, A MINNESOTA LIMITED LIABILITY COMPANY 7.-v-7- 7... 2"-a---- By: Mark Meyer Its: Chief Financial Manager 1 r In the presence of: VSSA CARE CENTER,LLC, A MINNESOTA LIMITED LIABILITY COMPANY By: Mark Meyer Its: Chief Financial Manager V STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON) On this (0 day of , 2008, before me a Notary Public, within and for said County personally appeared M Meyer, to me personally known, being the Chief Financial Officer of Valley Senior Services Alliance, a Minnesota Non-Profit 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 corporation by Mark Meyer with the authority of its Board of Directors acknowledging his execution of said instrument to be the free act and deed of said Limited Liability Company. rs\ n, - ,, � JENNIFER M.THOEN ti *� JEN MINNESOTA ti cly \�r'; m ssia�Exes Jan.31 2012 ■My�� �� r1��1����1 Not. 1, Public STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON) On this 1..051 day of TI/( -I- , 2008, before me a Notary Public, within and for said County personally appeared Mkfk Meyer, to me personally known, being the Chief Financial Manager of VSSA Boutwells Landing,LLC, a Minnesota Limited Liability Company,named in the foregoing instrument;and that the seal affixed to said instrument is the corporate seal of said limited liability company, and that said instrument was signed and sealed on behalf of said Limited Liability Company by Mark Meyer with the authority of its Board of Governors acknowledging his execution of said instrument to be the free act and deed of said Limited Liability Company. P\ 6 ..--k.,-' � �`r�'"�� JENNIFER M.THOEN � � , NOTARY PUBLIC-MINNESOTA Notary Public My Commission Expires Jan.31,2012 1. • STATE OF M[NNESOTA ) ) ss. COUNTY OF WASHINGTON) (al'On this (al' of , 2008, before me a Notary Public, within and for said County personally appeared k Meyer, to me personally known, being the Chief Financial Manager of VSSA CARE CENTER, LLC, a Minnesota Limited Liability Company, named in the foregoing instrument;and that the seal affixed to said instrument is the corporate seal of said limited liability company, and that said instrument was signed and sealed on behalf of said Limited Liability Company by Mark Meyer with the authority of its Board of Governors acknowledging his execution of said instrument to be the free act and deed of said Limited Liability Company. .)^fr ; JENNIFER M.THOEN ti c NOTARY PUBLIC-MINNESOTA ... A. My Commission Expires Jan.31,2012 Publi STATE OF MINNESOTA ) ) ss. COUNTY OF 1Narii U ) The foregoing instrument was acknowledged before me this day of ) A f 2008, by I�OkV I`ll P alae and -Jr J 6�U15n , the M.at�. oiL and of th'r SfiYyA of the City of Oak Park Heights, a political subdivision of the State of Minnesota,on behalf of said political subdivision. : . �•11 jU JENNIFER M.THO EN ti •t 'ublic NM -MINNESOTA S Commt Expires Jan•31,2012 0 THIS INSTRUMENT WAS DRAFTED BY: Mark J. Vierling Eckberg, Lammers,Briggs,Wolff &Vierling, P.L.L.P. 1809 Northwestern Avenue Stillwater,MN 55082 (612)439-2878 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY AND TUNNEL EASEMENT EXHIBIT(4/21/08) B-1 ^a /.,,I.",, i CS v v i rr i. 1 / i n Al n r Al iv 'h„s� � V qt / a,5'Y ':'; ^ / egti i''7,r'L. / < T ., ■ / as / / 'r Q l y R : -/ j t f a / / / M e 1 / / / r - I z (.,"'-:\/ti �1' r° /r�� U ]> yv�o ;;',/,;'.—..,` x '` ��r ObN )> ly 4' '.',//,',,` ti 0 a n;R to r i 764:; r4 , / c{ ,� ^; g•EFE. 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Basically,there is a significant and pronounced 'bump' that is problematic both to the general driving public and potentially to plowing operations. No action is needed at this time, as we will take a wait and see approach through the upcoming winter season to see how it may change come next spring.Should corrections be needed at that time as determined by the City Engineer,the City will require these be made by your contractor. See attached letter Ch is Long of Bonestroo. Please let me ow i yo le any questions. gar. , c J• .on City d inistrator Cc: Todd E' ks• , FFE-via email Georg A, undson-via email Tom •.- lo, DPW-via email Denni 'ostler, Bonestroo-via email Weekly Notes 2335 HighwayDVv• St.Paul,MN 55113 Tel 651-636-4600 Fax 651-6364311 www.bonestroo.com • Bonestroo October 22, 2008 Mr. Eric Johnson, Administrator City of Oak Park Heights 14168 Oak Park Blvd. P. 0.Box 2007 MN 55082-2007 Oak Park Heights, m Street North Boutwell's Landing Tunnel under 58th City of Oak Park Heights Bonestroo File No. 55-08000-1 Construction) completed Dear Eric: Street North.The base course, on Company (a subcontractor to A 81.P Following r 22,2008, Paragon Tunnel on 58th two sort areas. On September for the Boutwell's Landing for the fiction of the patch The patching separate lifts at. work. aved in 5ep feted an inspection table• the bituminous p joint areas the is pac h cycle, binder course, and wear course were paved constructed] a freeze-thaw paving,Tom Ozzello and completed following the completion of the p along with several poorly ride-ability recommends of the roadway, the patch work in the spring, kind of surface and joint correction is needed' to determine wh reevaluating to determine if, and what k please let me know if you have any questions or require additional information. Sincerely, BONESTROO Chris Long Tom Ozzello—City of Oak Park Bon 5 Bonestroo copy Karen Erickson - D Dave Postler, A&p Construction pave HerzbergParagon Company. Jack Nelson— St.Paul St.Cloud Rochester Milwaukee Chicago Engineering Planning Innovation .1 City of Oak Park Heights 14168 Oak Park Blvd. N•Box 2007.Oak Park Heights,MN 55082•Phone(651) 439-4439•Fax(651)439-0574 December 23,2008 Mr.Todd Erickson Folz,Freeman&Erickson 12445 55's Street N. Lake Elmo,MN 55042 RE: Letter of Credit Reduction—Skilled Care Facility and Tunnel Project you seek to have I am in receipt of the attached letter from your office dated December 166'2008 in which y the City reduce the three LOCs for the above two projects. At this time the City is agreeable to the following actions by Minnwest Bank: 75 )143. 1, Amend LOC#401 from$1,315,000 to$147,8 , 2. Amend LOC#402 from$ 975,000 t.• $ 95, 5 3. Amend LOC#408 from have your lender provide updated documents,these may ben- ' • or amendment statements, however the expiration date may not be prior to 12/31/09. The amended amounts noted above stem from the City Engineer's estimate and review of the request,the City however may withhold these amount(s) to secure any remaining aspect of the project(s)• e p,.,j- • •gresses should you wish further reductions please let me know. .inc ly c .o o: C. dininistrator Allen Black,VSSA Judy Hoist Mark Vierling Weekly Notes Fo lz, Freeman, Erickson, Inc LAND3a.A.NmNo • SURVEYING • NNGINEERINI Boutwells Skilled Care Facility Letter of Credit Reduction Request December 16,2008 Plan A Escrow-Skilled Care Facility Description of Improvement Percent 1• Landscaping Estimated Cost Complete 2. Street Signs $82,300.00 30% Remaining Cost 3. Curb&Gutter and Sidewalks $7,500.00 0% $57,610.00 4. Grading&Erosion Control $19,550.00 $57,800.00 100% $7.500.00 5. Retaining Walls $391,000.00 95% $0.00 6. Site Utilities(Storm,Sanitary and Water) $22,000.00 100% 7. Parking Lot Paving(Main Campus) $56,000.00 100% $0.00 8. Parking Lot Paving(Temp Lot on 58th) $120,200.00 100% $0.00 9. Pond Protection&Restoration $64,600.00 100% $0.00 10. Utility Protection&Repair $2,500.00 50% $0.00 11. Street Protection&Repair $2,500.00 50% $1,250.00 12. City Inspection $2,000.00 50% $1,250.00 $64,600.00 90% $1,460.00 Total Estimated Construction Costs $6'460'00 $841,600.00 89% Engineering,Legal and Administrative (25%) $94,620.00 $210,400.00 89% Total Estimated Construction Cost of Plan A $23,655.00 Improvements $1,052,000.00 Security Requirement(25%) $118,275.00 $263,300.00 TOTAL PLAN A ESCROW $29,568.75 $1,315,000.00 $147,843.75 ,�al Boutwell LOC Reduction 1 of 2 Prepared by:Folz,Freeman,Erickson,Inc. Plan B Escrow-Skilled Care Facility Percent Description of Improvement Estimated Cost Complete Remaining Cost 1. Storm Sewer Improvements $13,210.00 100% p� $0.00 2. Street Improvements $49,430.00 98 l Io 14,046199 9,8136 3. City Inspection $6.000.00 90% $600.00 Total Estimated Construction Costs $68,640.00 92% Xd,44 Engineering,Legal and Administrative (25%) $17,160.00 92% $1,39& zf6Zi'0 Total Estimated Construction Cost of Plan A Improvements $85,800.00 ' ado 7.So Security Requirement(25%) $21,450.00 $1.13249 3,Z76.88 TOTAL PLAN B ESCROW $107,250.00 $ • lb/ 3008 4 0 (fY Plan A Escrow-Tunnel Percent Description of Improvement Estimated Cost Complete Remaining Cost 1. Landscaping $8,400.00 0% $8,400.00 2. Removals and Grading(Public) $20,030.00 100% $0.00 3. Removals and Grading(Private) $48,100.00 85% $7,215.00 4. Erosion Control(Public) $1,720.00 30% $1,204.00 5. Erosion Control(Private) $5,250.00 30% $3,675.00 6. Streets and Pathways(Public) $14,000.00 0% $14,000.00 7. Parking Lot Paving and Pathways(Private) $156,100.00 85% $23,415.00 8. Tunnel $297,250.00 100% $0.00 9. Storm Sewer(Private) $9,000.00 100% $0.00 10. Storm Sewer(Public) $11,100.00 100% $0.00 11. Water Main(Public) $10,100.00 100% $0.00 12. Pond Protection and Restoration $2,400.00 90% $240.00 13. Utility Protection and Repair $3,500.00 100% $0.00 14. Street Protection and Repair $5,000.00 100% $0.00 15. City Inspection $32,000.00 90% $3,200.00 Total Estimated Construction Costs $624,000.00 90% $61,349.00 Engineering,Legal and Administrative (25%) $156,000.00 90% $15,337.25 Total Estimated Construction Cost of Plan A $76,686.25 Improvements $780,000.00 Security Requirement(25%) $195,000.00 $19.171.56 TOTAL PLAN A ESCROW $975,000.00 $95,857.81 �� TOTAL ESCROW REDUCTION REQUESTED �� ' TOTAL ESCROW AMOUNT I 4252e36216- I 4 2601005:i4- Boutwell LOC Reduction 2 of 2 Prepared by:Folz,Freeman,Erickson,Inc. , • Check No.218049 Presbyterian Homes &Services:2685415-6N31. 51 631 6134ne Avenue,Suite 200•Roseville,MN 55113 Check Date' 08/06/2008 (1509) CITY OF OAK PARK HEIGHTS,PO BOX 2007,OAK PARK HEIGHTS,MN 55082 Net Invoice Invoice Date Description Invoice Number $10,000.00 TUNNEL 08/06/200 • a = presbyte.rian how . es & services • Totals $10,000.00 SECURITY WARNING(DETAILS ON BACK): THIS DOCUMENT CONTAINS 1)MICROPRINT BORDERS & 2)ARTIFICIAL WATERMARK ON THE BA �- 1 t 49 1, t"6t f,�e s'� "'r J,w k*k 3:,te !� bwld. +� fa " d t. f - c 1' t , f w' ,p f *"�' dr .FH' �� a" -'r^r ,�^,�usr �'� m ,'. 0^ ,� , 1 m,_.:�,p e°4 �+ ,4 f �M�`r h 3"a +¢� a": ,�G,�,z.,,� `�' tr':.�, .6iil i' I ��, Nltl, , .I r* ,� F f ,� , i pl pllllq I. � III I °, I ��,. 1 11,771�� � �.� Ipp1 ) nu I� �I I I '.,p'pi�pu �i l ull l" pill 'p l ' - 6 Illlllllilll�illll. �IIIIIIIIIII Ill vi���ll 111' n m �. 4- I� _�� II s=pa �xr, I IIIU nQvpiu� III �I� ��li�l tU1�1°U �I N°� d ,,,,�,:. r �.;. �j}( . aI I I T ` !JU ..ke $ , `i II I Illll I pull III n 11 & €a � ,. 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I rtrt` 2 xar # s.' ,.�...:i...:..�::i::s.�.u....Z....:.... • M I N NWEST 1150 Yankee Doodle Road t: 651-454-0004 VIABANK® Eagan, MN 55121 f: 651-454-04$1 August 6, 2008 Irrevocable Letter of Credit No. 408 r J To: City of Oak Park Heights City Administrator 14169 Oak Park Blvd. Oak Park Heights, MN 55082 Gentlemen: We hereby establish in favor of the City of Oak Park Heights this Irrevocable Letter of Credit Number 408 for the account of VSSA Care Center LLC, 2845 Hamline Avenue North, Roseville, MN 55113, for Boutwells Landing Care Center Project, in aggregate amount of Nine Hundred Seventy-five thousand United States Dollars and no/100, ($975,000.00 USD) This LETTER OF CREDIT shall be in effect for one (1) year and shall be deemed automatically renewed without modification for one (1) additional year from August 6, 2009 or any extended expiration date unless sixty (60) days or more prior to such date we shall notify you by registered or certified mail that we elect not to extend the LETTER OF CREDIT for any such additional period. Partial drawings permitted. Each draft under this Letter of Credit must: 1. Be signed on behalf of the City; 2. Bear on its face the clause "drawn under Minnwest Bank Metro letter of credit number 408 dated August 6, 2008; and 3. Be accompanied by a certification signed on behalf of the City of Oak Park Heights that either (i) VSSA Care Center LLC has failed to comply with the terms and conditions of the 2008 Maintenance and Security Agreement 58th Street Tunnel, dated August 5, 2008, (ii) this letter of Credit will expire within sixty (60) days and this Letter of Credit has not been renewed or replaced as required. Luverne—Downtown I Luverne—Highway 75 I Beaver Creek I Tracy I Slayton I Lake Wilson I Ortonville Redwood Falls—Downtown I Redwood Falls—East I Belview I Danube I Gibbon I Marshall I Morton I St. Cloud I Rochester I Hammond Montevideo—Downtown I Montevideo—Highway 7 I Dawson I Champlin I Eagan I Minnetonka I Sioux Falls I Sioux Falls—East MoneyLine: 1-888-616-2265 I www.minnwestbank.com I Member FDIC The original of the Letter of Credit in NOT required to be presented Letter of Credit. Partial draws are permitted. to draw upon this We hereby engage with drawers and/or bona fide holders that drafts drawn negotiated in conformity with the terms of the credit will be duly honored upon presentation. o Except as otherwise state herein, this Letter of Credit shall be governed recent version of the Uniform Customs and Practice for Documentary Credits, die most International Chamber of Commerce Publication No. 400. Minnwest Bank Metro By: William J. /wanstrom, Market President 7 City of Oak Park Heights RIGHT-OF-WAY PERMIT FORM CITY PERMIT NO.: 2008- PERMIT FEE: minimum $150.00 COMPANY PERMIT NO.: DATE: August 12,2008 APPLICANT INFORMATION: DEVELOPMENT/ADDITION/LOCATION DESCRIPTION OR.SITE ADDRESS: Boutwell's Landing/ 13575 58th St.N. OWNER(Applicant) : A&P Construction for VSSA Care Center,LLC UTILITY COMPANY: St.Paul Utilities CONTACT PERSON: Jay Walters TELEPHONE NO: 651-484-8766 ADDRESS: 190 Ryan Lane CITY: St.Paul STATE: MN ZIP CODE: 55117 CONTRACTOR INFORMATION: CONTRACTOR PERFORMING WORK: Adolphson&Peterson Construction CONTRACT NAME: Boutwells Landing CONTRACT NUMBER:NA PHONE: 952-525-2317 CONTRACTOR PERFORMING WORK MUST ATTACH CURRENT CERTIFCATE OF INSUARCE NAMING THE CITY AS AN ADDITIONALLY INSURED AND IN AN AMOUNT NOT LESS THAN$1,000.000.WITHOUT SUCH PROOF OF INSURANCE NO PERMIT WILL BE ISSUED. TYPE OF WORK: )(NEW PRIVATE UTILITY / CHANGE OF PRIVATE UTILITY/Tunnel and Storm Sewer XREPLACE/REPAIR -Lower Waterline XCOMMERCIAL DRIVEWAY APRON(WIDTH?) 7 feet ❑RESIDENTIAL DRIVEWAY APRON(WIDTH?) feet CONNECTION TO CITY SYSTEM(REQUIRES PREPAYMENT OF ACCESS FEES): ❑WATERMAIN ❑STORM SEWER ❑SANITARY SEWER ❑OTHER WHAT THE WORK WILL INVOLVE(REQUIRES SECURITY TO PROTECT INFRASTRUCTURE/COMPLETE RESTORATION. Complex plans may incur additional costs for mitigation plan review and inspections. Must include erosion control,protective measures,and restoration plans—all new utilities must be fully located for future GSOC requirements based on the attached requirements for water,sewer and other utilities): XSTREET OPEN CUT(requires approved plan with access,traffic control,and inspected full width restoration-security required) )(PATHWAY CUT (requires approved plan with full width restoration and security for restoration) )(EXCAVATION IN BOULEVARD or CITY OWNED PROPERTY(requires approved plan and security for restoration) XR.O.W.ACCESS(requires approved plan on use control,mitigation and restoration. Must have full marking of new utilities) EXPLANATION OF WORK/ADDITIONAL COMMENTS: Open cut road,install tunnel,clear storm line,drop water line as outlined on approved plans and specifications(P&S) P&S and Development agreements with all restrictions incorporated to this permit. PROPOSED START DATE: 8/14/08 PROPOSED END DATE:10/1/08 Applicant agrees to abide by and follow all applicable ordinances, laws, rules, and regulations of any other regulatory bodies, including but not limited to city, county, state or federal regulatory agencies. Applicant acknowledges that placement of its utilities in any Right-of-way is subject to the rights of the City Of Oak Park Heights. Damage,loss or destruction of applicant's facilities will not be restored, compensated or reimbursed by the City and in the event the City needs to remove or damage them in accessing its utility services in the area for any reason. Private utility locates are required by the owner and/or applicant for the utility and in perpetuity. The Applicant shall provide, at its sole expense, full"as-built" drawings for all infrastructure installed in the City Right-of-way.All "as-built" drawings shall be completed by a licensed Minnesota Engineer or Surveyor. "As-builts" shall be provided in paper and digital form acceptable to the City of Oak Park Heights including GPS coordinates in the Washington County Coordinate system. The City additionally reserves the right to remove and/or deactivate any and all installed infrastructure placed in its Right-of-way should these"as-builts" not be provided or should these prove inaccurate. The Applicant accepts in perpetuity the responsibility to perform at its expense all necessary locates (Gopher State One Calls)that may arise or be requested in the future by the City or other parties. The Applicant does release and hold harmless the City from any and all responsibility for utility/service locates. APPLICANT SIGNATURE—by your signature you accept and agree to all conditions as stated above and items 1 to 6 below. On initial application-attached TITLE: DAT . [O BI O y 1 P I.I I[D B1 Permit paid with check 467252 for$150.00 CITY PERMIT EXPIRATION DATE: REQUIRED SECURITY: 10/1/08 per agreements and restrictions : 1. 2008 Mainten.And Security Agreement—586 Street Tunnel 8/5/08 2. Private Ped.Underground Tunnel and Walkway Easement 8/5/08 3. Follow plans dated June 10°,2008(as revised by City Engineer) 4. Must comply with all City Engineering requirements on pending structural designs,to be provided. 5. This permit is subject to revision at anytime. 6. Applicant shall provide timely notice to the City for inspections prior to the covering or burying of infrastructure/ improvements. TYPE OF FINANCIAL S i l : ❑CASH/CHECK ❑ANNUAI 0 : .IG : TITLE: DATE: , W. l)� ���e74)9 CONTRACTOR LIC SE? YES HAS PROOF OF INSURACE BEEN SUPPLIED? YES Remittance Advice Paee 1 of 1 Check: 467252 Paid bv: AP MIDWEST LLC Our Account#: Date: 08/07/08 Paid to: CITY OF OAK PARK HEIGHTS Vendor Code: 34350 Amount: 150.00 Job Number Inv.Date Invoice No. Inv.Amount Discount Amount Paid Retention Remarks 08/07/08 PERMIT 5803 150.00 0.00 150.00 0.00 Check Totals 150.00 0.00 150.00 0.00 D auG - 8 i D ( 1-F145CAL -Fr �� o _mi., ,d,„,--„,.,.., 9M ' It-i14-1C 000 ligr,.. ..„ c..,-ti-ri, or (.- - - 11\- ' WARNING—THIS CHECK IS PROTECTED BY SPECIAL SECURITY GUARD PROGRAMT FEATURES � � ,,..- _.' ..v -� .i �� ...r0. ^. ' $ '.9"`�` i4,-.4.4 .'9: t �. ICI• • ♦ N ,w i t 4 Y i T Y N. f �1f.' .s.'• ' ''''.... 'z .' 41.14)i v'i%. ' .4 t.... ,N � ���v� � � �� t� aka � � l ' �'?� > J� f. h .MR € �{ P T YTS"'. b I 1 [ •ffi� i4 .., . " ::..: 1 k ♦ re f. »� * Zit 4 el.:;..;., - -, s.: ,,..., _ . � f +l }SECURE FEATURES INCLUDE INVISIBLE FIBERS•MICROPRINTING•VOID FEATURE PANTOGRAPH•ENDORSEMENT BACKER•BROWNSTAIN CHEMICAL'REACTANT I'467252u■ 1:04 � 2038241:9600 /89034n' • RIGHT-OF-WAY FEES & CHARGES Base Permit Fee $150+ Escrow Deposit Includes initial review, plan and restoration review,permit issuance and tracking, one final inspection. Additional Hourly Fee $60 per hour Based on regular hour rate, does not include overtime or minimum hours for non-standard work hours. Engineer/Legal Services Actual Cost+10% Developer is required to pay for all City-out of pocket expenses; e.g. contract work as required by the City for review,testing,additional mapping,digitizing,survey work, recording, etc. Re-inspections(1/2 hr min) $60 per hour. Escrow Deposit Requirements: Tracer wire installations in grass ROW shall have a$1,000 deposit, minimum, in case engineer needs to be brought in to survey and perform a trace. Separate escrow amounts will be required for street or trail impacts or other excavations based on proposed project, materials and areas to be disrupted. Fees for trenching,excavation,and additional infrastructure impacts will be estimated prior to permit issue and be adjusted for additional work on an hourly basis. PROPOSED START DATE: /(j //d PROPOSED END DATE: ?//a076 U Applicant agrees to abide by. ordinances, laws and follow all applicable bdis , rules, and regulations of all regulatory including but not limited federal regulatory to city, county, state or placement of its utilities in agencies. Applicant acknowledges that rights and rules of the any Right-of-way is subject to the rights destruction rules applicant's City Of Oak Park Heights. Damage, business interruption will notibetrestored, its resulting or reimbursed by the Cit. compensated or relocate reimbursed City in the event the City needs to remove, terminate such facilities while accessing services in the area for any reason its utility ere required by the owner and Private utility locates are Right-of-way and/or applicant for the utility in the y and in perpetuity. The Applicant shall The provide, at its sole expense, full "as-built" drawings for all infrastructure installed in the City way. All "as-built" drawings shall be co Right-of" Minnesota Engineer or Surveyor. ��. completed by a licensed paper and digital form yor. As-builts" shall be provided in paper rm acceptable to the City of Oak Park Heights including GPS coordinates in the Washington County Coordinate system.se The City additionally reserves the right and/or deactivate any and all installed infrastructure placed its Right-of-way should these '"as-builts" pdacrd in should these prove inaccurate, not be provided or The A pplicant accepts in perpetuity the responsibility at its expense all necessary ry locates (Gopher. State One Calls) form may arise or be requested in the future b parties, The Applicant by the City � from es pplicant does release and the or other any and all responsibility for utility harmless the tity Y / service locates.. APPLICANT SIGNAT all conditions URE _ by your signature you accept stated above. Must be y and agree to president or CEO of firm installing signed by owner, g utilities. Name \ o c- /J �p�'1 �Id•frr•i.ey{cn Title 4s ,4,,*..;- PROPOSED START DATE: R��44�e t PROPOSED END DATE: q l a 1 O v Applicant agrees to abide by and follow all applicable ordinances, laws, rules, and regulations of all regulatory bodies, including but not limited to city, county, state or federal regulatory agencies. Applicant acknowledges that placement of its utilities in any Right-of-way is subject to the rights and rules of the City Of Oak Park Heights. Damage, loss or destruction of applicant's facilities and/or its resulting business interruption will not be restored, compensated or reimbursed by the City in the event the City needs to remove, relocate or terminate such facilities while accessing its utility services in the area for any reason. Private utility locates are required by the owner and/or applicant for the utility in the Right-of-way and in perpetuity. The Applicant shall provide, at its sole expense, full "as-built" drawings for all infrastructure installed in the City Right-of- way. All "as-built" drawings shall be completed by a licensed Minnesota Engineer or Surveyor. "As-builts" shall be provided in paper and digital form acceptable to the City of Oak Park Heights including GPS coordinates in the Washington County Coordinate system. The City additionally reserves the right to remove and/or deactivate any and all installed infrastructure placed in its Right-of-way should these "as-builts" not be provided or should these prove inaccurate. The Applicant accepts in perpetuity the responsibility to perform at its expense all necessary locates (Gopher State One Calls) that may arise or be requested in the future by the City or other parties. The Applicant does release and hold harmless the City from any and all responsibility for utility / service locates. APPLICANT SIGNATURE - by your signature you accept and agree to all conditions as stated above. Must be signed by owner, president or CEO of firm installing utilities. Name AVAAVO% � / Mot�Lt e- IF Title ert.0 C..r �� PROPOSED START DATE: 041 b PROPOSED END DATE: CI / Q 1 0 Applicant agrees to abide by and follow all applicable ordinances, laws, rules, and regulations of all regulatory bodies, including but not limited to city, county, state or federal regulatory agencies. Applicant acknowledges that placement of its utilities in any Right-of-way is subject to the rights and rules of the City Of Oak Park Heights. Damage, loss or destruction of applicant' s facilities and/or its resulting business interruption will not be restored, compensated or reimbursed by the City in the event the City needs to remove, relocate or terminate such facilities while accessing its utility services in the area for any reason. Private utility locates are required by the owner and/or applicant for the utility in the Right-of-way and in perpetuity. The Applicant shall provide, at its sole expense, full "as-built" drawings for all infrastructure installed in the City Right-of" way. All "as-built" drawings shall be completed by a licensed Minnesota Engineer or Surveyor. "As-builts" shall be provided in paper and digital form acceptable to the City of Oak Park Heights including GPS coordinates in the Washington County Coordinate system. The City additionally reserves the right to remove and/or deactivate any and all installed infrastructure placed in its Right-of-way should these "as-builts" not be provided or should these prove inaccurate. The Applicant accepts in perpetuity the responsibility to perform at its expense all necessary locates (Gopher State One Calls) that may arise or be requested in the future by the City or other parties. The Applicant does release and hold harmless the City from any and all responsibility for utility / service locates. APPLICANT SIGNATURE - by your signature you accept and agree to all conditions as stated above. Must be signed by owner, president or CEO of firm installing utilities. D bet ° 0-EVE.W.1- Name • Title 121t-®IgGr IL*M hA"I • PROPOSED START DATE: PROPOSED END DATE: Applicant agrees to abide by and follow all applicable ordinances, laws, rules, and regulations of all regulatory bodies, including but not limited to city, county, state or federal regulatory agencies. Applicant acknowledges that placement of its utilities in any Right-of-way is subject to the rights and rules of the City Of Oak Park Heights. Damage, loss or destruction of applicant' s facilities and/or its resulting business interruption will not be restored, compensated or reimbursed by the City in the event the City needs to remove, relocate or terminate such facilities while accessing its utility services in the area for any reason. Private utility locates are required by the owner and/or applicant for the utility in the Right-of-way and in perpetuity. The Applicant shall provide, at its sole expense, full "as-built" drawings for all infrastructure installed in the City Right-of way. All "as-built" drawings shall be completed by a licensed Minnesota Engineer or Surveyor. "As-builts" shall be provided in paper and digital form acceptable to the City of Oak Park Heights including GPS coordinates in the Washington County Coordinate system. The City additionally reserves the right to remove and/or deactivate any and all installed infrastructure placed in its Right-of-way should these "as-builts" not be provided or should these prove inaccurate. The Applicant accepts in perpetuity the responsibility to perform at its expense all necessary locates (Gopher State One Calls) that may arise or be requested in the future by the City or other parties. The Applicant does release and hold harmless the City from any and all responsibility for utility / service locates. APPLICANT SIGNATURE - by your signature you accept and agree to all conditions as stated above. Must be signed by owner, president or CEO of firm installing utilities. Name Title