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City Council - 09/17/2013
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, SEPTEMBER 17, 2013 CITY CENTER 5:00—6:25 PM, HERITAGE ROOMS 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Ric Rosow, and Recorder Lorene McWaters Workshop-Heritage Room II I. CITY CENTER SPACE Open Podium - Council Chamber II. OPEN PODIUM III. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 17, 2013 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, City Planner Michael Franzen, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. OPTIMIST CLUB OF EDEN PRAIRIE PROCLAMATION B. SCHOOL DISTRICT REFERENDUM PRESENTATION V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 3, 2013 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 3, 2013 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. HUMAN RIGHTS & DIVERSITY COMMISSION VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION APPROVING FINAL PLAT OF HELMIN ADDITION C. ADOPT RESOLUTION APPROVING FINAL PLAT OF HENNEPIN COUNTY PLAT NO. 2 D. ADOPT RESOLUTION APPROVING FINAL PLAT OF REEDER RIDGE E. ADOPT RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT ROLL AND SETTING HEARING DATE CITY COUNCIL AGENDA September 17, 2013 Page 2 F. ADOPT RESOLUTION AUTHORIZING SUBMITTAL OF GRANT APPLICATION TO HENNEPIN COUNTY YOUTH SPORTS PROGRAM FOR AQUATICS PROJECT G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH COMPASS CONSULTING FOR ENGINEERING AND CONSTRUCTION SERVICES TO EXPAND THE FIBER OPTIC NETWORK TO SEVERAL CITY REMOTE SITES AND TO LOGIS H. AUTHORIZE AGREEMENT WITH AMERICAN SPECIALTY HEALTH FITNESS TO ALLOW REIMBURSEMENT OF QUALIFIED INDIVIDUALS FOR COMMUNITY CENTER MEMBERSHIPS IX. PUBLIC HEARINGS/MEETINGS A. VACATION OF PUBLIC RIGHT-OF-WAY OVER CAVALLO RIDGE IN BELLERIEVE (Resolution) B. PEOPLE'S ORGANIC COFFEE & WINE BAR by WCL Associates. Request for Planned Unit Development Concept Review on 1.25 acres, Planned Unit District Review with waivers on 1.25 acres, Zoning District Amendment within the Commercial Regional Service Zoning District on 1.25 acres and Site Plan Review on 1.25 acres. Location: Corner of Prairie Center Drive &Valley View Road. (Resolution for PUD Concept Review, Ordinance for PUD District Review with waivers and Zoning District Amendment) X. PAYMENT OF CLAIMS XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Accept Donation of$10,000 from the Sampson Family for Art Center Lobby Upgrades (Resolution) 2. Authorize Partnership and Fundraising Efforts for Construction of Miracle Field CITY COUNCIL AGENDA September 17, 2013 Page 3 E. REPORT OF PUBLIC WORKS DIRECTOR 1. Request for Land Alteration Permit for Olympic Hills Golf Club F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ANNOTATED AGENDA DATE: September 13, 2013 TO: Mayor and City Council FROM: Rick Getschow, City Manager RE: City Council Meeting for Tuesday, September 17, 2013 TUESDAY, SEPTEMBER 17, 2013 7:00 PM, COUNCIL CHAMBER I. CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION Open Podium is an opportunity for Eden Prairie residents to address the City Council on issues related to Eden Prairie city government before each Council meeting, typically the first and third Tuesday of each month, from 6:30 to 6:55 p.m. in the Council Chamber. If you wish to speak at Open Podium,please contact the City Manager's office at 952.949.8412 by noon of the meeting date with your name, phone number and subject matter. If time permits after scheduled speakers are finished, the Mayor will open the floor to unscheduled speakers. Open Podium is not recorded or televised. If you have questions about Open Podium,please contact the City Manager's Office. IV. PROCLAMATIONS/PRESENTATIONS A. OPTIMIST CLUB OF EDEN PRAIRIE PROCLAMATION Al Peterson, a charter member of the Eden Prairie Optimist Club, will be on hand to accept the proclamation. B. SCHOOL DISTRICT REFERENDUM PRESENTATION The school district will provide a presentation related to their proposed referendum. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Move to approve the agenda. VI. MINUTES MOTION: Move to approve the following City Council minutes: A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 3, 2013 B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 3, 2013 ANNOTATED AGENDA September 17, 2013 Page 2 VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS A. HUMAN RIGHTS & DIVERSITY COMMISSION The HRDC will provide an update on their current and future activities. VIII. CONSENT CALENDAR MOTION: Move approval of items A-H on the Consent Calendar. A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION APPROVING FINAL PLAT OF HELMIN ADDITION C. ADOPT RESOLUTION APPROVING FINAL PLAT OF HENNEPIN COUNTY PLAT NO. 2 D. ADOPT RESOLUTION APPROVING FINAL PLAT OF REEDER RIDGE E. ADOPT RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT ROLL AND SETTING HEARING DATE F. ADOPT RESOLUTION AUTHORIZING SUBMITTAL OF GRANT APPLICATION TO HENNEPIN COUNTY YOUTH SPORTS PROGRAM FOR AQUATICS PROJECT G. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH COMPASS CONSULTING FOR ENGINEERING AND CONSTRUCTION SERVICES TO EXPAND THE FIBER OPTIC NETWORK TO SEVERAL CITY REMOTE SITES AND TO LOGIS H. AUTHORIZE AGREEMENT WITH AMERICAN SPECIALTY HEALTH FITNESS TO ALLOW REIMBURSEMENT OF QUALIFIED INDIVIDUALS FOR COMMUNITY CENTER MEMBERSHIPS IX. PUBLIC HEARINGS/MEETINGS A. VACATION OF PUBLIC RIGHT-OF-WAY OVER CAVALLO RIDGE IN BELLERIEVE (Resolution) Official notice of this public hearing was published in the August 29, 2013,Eden Prairie News and sent to 12 property owners. Synopsis: The Bellerieve subdivision was platted with a public street named Cavallo Ridge to serve future homeowners. The developer now desires to have Cavallo Ridge be a private roadway. A 100%petition to request a vacation of the public right-of- way for Cavallo Ridge was received and approved by Council on August 20, 2013 as Resolution 2013-69. In order to vacate the public right-of-way the Council must now ANNOTATED AGENDA September 17, 2013 Page 3 hold a public hearing to consider the vacation. The petitioner will need to provide easements to the lot owners and enter into an agreement with the City and the lot owners relating to maintenance and use of the private road and city utilities. The City will retain a drainage and utility easement over the right-of-way. MOTION: Move to: • Close the public hearing; and • Adopt the resolution vacating the public right-of-way over Cavallo Ridge as platted in Bellerieve as recorded in the Office of the County Recorder, Hennepin County, Minnesota. B. PEOPLE'S ORGANIC COFFEE & WINE BAR by WCL Associates. Request for Planned Unit Development Concept Review on 1.25 acres, Planned Unit District Review with waivers on 1.25 acres, Zoning District Amendment within the Commercial Regional Service Zoning District on 1.25 acres and Site Plan Review on 1.25 acres. Location: Corner of Prairie Center Drive &Valley View Road. (Resolution for PUD Concept Review, Ordinance for PUD District Review with waivers and Zoning District Amendment) Official notice of this public hearing was published in the September 5, 2013,Eden Prairie News and sent to 11 property owners. Synopsis: The project proposes the construction of a 4,975 square foot restaurant building. A waiver to the parking setback along Prairie Center Drive to allow a 10 foot setback is proposed. The Planning Commission recommended some minor revisions to the plans prior to City Council review. These revisions have been satisfied. The 120-Day Review Period Expires on December 4, 2013. The Planning Commission voted 5-0 to recommend approval of the project at the August 26, 2013 meeting. MOTION: Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 1.25 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the Commercial Regional Service Zoning District on 1.25 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. X. PAYMENT OF CLAIMS MOTION: Move approval of Payment of Claims as submitted (Roll Call Vote). ANNOTATED AGENDA September 17, 2013 Page 4 XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Accept Donation of$10,000 from the Sampson Family for Art Center Lobby Upgrades (Resolution) Synopsis: The Art Center facilitates programs for students ages two through adult; in a variety of visual art mediums such as painting, drawing, fiber, pottery, metal jewelry, fused glass and many more. Thanks to the ongoing generosity of the Sampson family the City of Eden Prairie will be able to upgrade the Art Center by building a front desk reception area, allowing for class registration, art supply sales and increased customer service for Art Center students and patrons. MOTION: Move to adopt the Resolution accepting the donation of $10,000 from Elaine Sampson for the construction of a front desk area for the Eden Prairie Art Center. 2. Authorize Partnership and Fundraising Efforts for Construction of Miracle Field Synopsis: Staff was recently approached by Dave Espe to consider the concept of a Miracle League Field in Eden Prairie. Mr. Espe is a resident of Eden Prairie and has coached for many years with the Baseball Association. Mr. Espe along with several members of the Parks and Recreation Department toured the field in Minnetonka and looked at a couple potential sites in Eden Prairie. The site that is being proposed is the most eastern field at Flying Cloud Fields. Staff has been in communication with the Baseball Association and they are very supportive of the idea. The Flying Cloud site was visited as a part of the Parks, Recreation and Natural Resources Commission tour and very positive comments were expressed by the members. ANNOTATED AGENDA September 17, 2013 Page 5 A fundraising effort similar to the Miller Park Barrier Free Playground and the Third Rink effort is proposed to be headed by Mr. Espe and could be supported by the Eden Prairie Community Foundation. This effort could begin to take place once the formal program and recognition methods are Council approved. All funds necessary to construct the field would be derived from cash or in-kind donations. MOTION: Move to authorize staff to develop a partnership and support a fundraising effort to pursue the construction of a miracle league field. E. REPORT OF PUBLIC WORKS DIRECTOR 1. Request for Land Alteration Permit for Olympic Hills Golf Club Synopsis: A land alteration permit application has been submitted for the Olympic Hills Golf Club (OHGC)to grade approximately 110,000 cubic yards of material within the golf course along with associated tree removal and wetland impacts. Variances regarding wetland buffers and conservation easements are also being requested by OHGC. The variance request is expected to be brought forward for consideration by the Planning Commission on September 23, 2013. MOTION: Move to: Approve Land Alteration Permit for Olympic Hills Golf Club subject to recommendations as outlined. OR Move to: Deny the Land Alteration Permit. F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Move to adjourn the City Council meeting. ITEM NO.: IV.A. PROCLAMATION Recognizing the 35th Anniversary of the Optimist Club of Eden Prairie City of Eden Prairie Hennepin County, Minnesota WHEREAS, the Optimist Club of Eden Prairie is an organization of civic-minded men and women banded together for service to the community, with emphasis on youth; and WHEREAS, the Optimist Club of Eden Prairie devotes its time and talent to a variety of projects that support and benefit the youth of Eden Prairie, such as: • The Counteract/Project Northland drug prevention program for 5th graders • CMS youth appreciation awards • Oratorical and essay contests • Hooked on Fishing at Round Lake • EP Mall Halloween Party • School Patrol Day at Valley Fair • Fourth of July OK5K, in conjunction with the City of Eden Prairie; and WHEREAS, the Optimist Club of Eden Prairie was established in October 1978 with 25 members. NOW, THEREFORE, the Eden Prairie City Council recognizes the 35th anniversary of the Optimist Club and proclaims October 2013 as Optimist Club month in Eden Prairie. ADOPTED by the Eden Prairie City Council on September 17, 2013. Nancy Tyra-Lukens, Mayor ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, SEPTEMBER 3, 2013 CITY CENTER 5:00—6:25 PM, HERITAGE ROOMS 6:30 —7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Kathy Nelson, and Ron Case CITY STAFF: City Manager Rick Getschow, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Communications Manager Joyce Lorenz, City Attorney Daniel Gregerson, and Recorder Lorene McWaters Workshop-Heritage Room II I. SWLRT UPDATE Public Works Director Robert Ellis gave a progress report on Southwest LRT project activities since the City Council's May 7 workshop. Ellis said the project has received additional public input, alignment and station alternatives have been narrowed, and technical issues have been analyzed in more detail. Ellis said it appears that the line at City West(Crosstown/UHG campus) will likely go under the roadway rather than over. Both the City of Minnetonka and United Health Group have stated a preference for an underground crossing. The alignment along Highway 212 and Shady Oak Road will likely move to the west as the local preferred alternative. The project office is assessing the possibility of surface parking near the SuperValu campus for the Golden Triangle Station. Staff is also looking at ways to enhance walkability and connections in the Golden Triangle Station area. This would probably occur in conjunction with redevelopment. Ellis said a circulator bus will likely operate in this area. Ellis said that the Town Center alignment appears to be migrating toward the Comp Plan alternative, which would run behind Brunswick Zone. He said this plan would result in the loss of several of Redstone's parking spots; however, 38 additional on-street parking spots would be created with the extension of Eden Road. Factors being taken into consideration in locating this station include: construction costs, amount disruption caused during construction, walkability, economic development potential, LRT run times and proximity to Town Center core. Aho asked why the planners believe the Comp Plan alignment would cause more construction disruption than the Technology Drive alignment. Ellis said the Technology Drive location would require closing Prairie Center Drive for up to a year. Ellis noted that the Comp Plan alignment would require a taking of the Eden Prairie Convenience Mall (which houses Fed Ex Kinkos and several other businesses). Council Member Nelson City Council Workshop Minutes September 3, 2013 Page 2 noted that the owner of the strip mall has indicated he prefers a whole taking rather than a partial taking. Ellis said up to 160 parking spaces will be needed for this station. Project staff believes those parking spaces can be gained through lease agreements until redevelopment creates more parking options. Ellis said it is assumed the Southwest LRT station will be co-located with SouthWest Transit. They anticipate building a new parking structure with 480 parking stalls. Butcher Wickstrom said she is concerned about the proximity of the LRT to Purgatory Park. She is worried that it will interfere with aesthetics and wildlife. Council Member Aho said he is worried that noise from the LRT may be an issue for park users. Economic Development Director David Lindahl said the route of the tracks through this area will reduce or eliminate "curve screech." Ellis said the location of the end of the line station will likely not be on Eaton property. Eaton has indicated they are not interested in giving up part of their campus for a station. City Center parking lot is under consideration as a location for the station. A three-story parking structure with around 900 stalls would have to be constructed for this station. Ellis said locations in Hopkins and Eden Prairie (likely at the current location of the City's Maintenance Facility) are both still being considered for the OMF. He said the City has documented its concerns with location of an OMF in Eden Prairie. He said location of the OMF more centrally along the line (in Hopkins)might make more sense logistically. II. 2014-2015 BUDGET City Manager Rick Getshow presented an updated 2014 budget and levy proposal. He noted that the City Council will set a preliminary budget resolution at the regular council meeting. Getschow said both the proposed budget and levy have changed since they were presented to the City Council on July 16. General fund tax revenue and the tax levy were reduced, so the net levy increase remains 1.8 percent. The net levy increase was adjusted to 2.3 percent as a result of an updated fiscal disparity distribution amount. General fund expenditures increase went from 4.8 percent to 3.4 percent due mainly to favorable bids the City received from health insurance carriers. Getschow said the City tax on the median value home ($317,850) would go down by .4 percent. Open Podium - Council Chamber II. OPEN PODIUM III. ADJOURNMENT ITEM NO.: VI.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 3, 2013 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Finance Director Sue Kotchevar, City Attorney Daniel Gregerson, and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 PM. All Council Members were present. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Butcher Wickstrom moved, seconded by Nelson, to approve the agenda as published. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, AUGUST 20, 2013 MOTION: Aho moved, seconded by Butcher Wickstrom, to approve the minutes of the Council workshop held Tuesday, August 20, 2013, as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,AUGUST 20, 2013 MOTION: Butcher Wickstrom moved, seconded by Aho, to approve the minutes of the City Council meeting held Tuesday, August 20, 2013, as published. Motion carried 5-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS CITY COUNCIL MINUTES September 3, 2013 Page 2 VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE NO. 15-2013 AMENDING CITY CODE CHAPTER 6, SECTION 6.21 RELATING TO SNOW AND ICE REMOVAL AND ADOPT RESOLUTION NO. 2013-74 APPROVING SUMMARY FOR PUBLICATION C. APPROVE LEASES WITH METROPOLITAN AIRPORTS COMISSION FOR FLYING CLOUD FIELDS D. APPROVE PHASE I AND PHASE II CHANGE ORDERS FOR SLOPE STABILIZATION AND SITE RESTORATION AT 11157 BLUESTEM LANE E. AWARD CONTRACT FOR PURCHASE AND INSTALLATION OF VERTICAL LADDERS AND GATES IN WATER PLANT BASINS 1 & 2 F. AWARD CONTRACT FOR STABILIZATION AND RESTORATION OF EROSION IN LOWER RILEY CREEK TO MINNESOTA NATIVE LANDSCAPES G. APPROVE NATURAL RESOURCE INCENTIVES FOR CRITICAL HABITAT GRAND AWARD FROM HENNEPIN COUNTY FOR INSTALLATION OF IRON-ENHANCED FILTRATION BENCH H. APPROVE AGREEMENT WITH FRSECURE TO ASSIST WITH PCI COMPLIANCE FOR CITY CREDIT CARD PROCESSING AND IMPLEMENTATION OF STANDARDS PROCESSES FOR FUTURE PCI COMPLIANCE AUDITS MOTION: Nelson moved, seconded by Case, to approve Items A-H of the Consent Calendar. Motion carried 5-0. IX. PUBLIC HEARINGS/MEETINGS A. HENNEPIN COUNTY PLAT NO. 2 by Hennepin County. Request for Preliminary Plat on 1.99 acres into one lot and outlot. Location: 16011 & 16041 Pioneer Trail. (Resolution No. 2013-75 for Preliminary Plat) Getschow said official notice of this public hearing was published in the August 22, 2013,Eden Prairie News and sent to 45 property owners. Hennepin County first acquired these parcels to use a portion for right-of-way needs. The County now wishes to plat the property into a single lot and outlot. The outlot would be retained by the County for right-of-way, and the single lot would be sold to a private party for future development. The Planning Commission voted 6-0 to recommend approval of the project at the August 12, 2013 meeting. CITY COUNCIL MINUTES September 3, 2013 Page 3 There were no comments from the audience. MOTION: Butcher Wickstrom moved, seconded by Case, to close the public hearing and to adopt Resolution No. 2013-75 for Preliminary Plat on1.99 acres into one lot and an outlot. Motion carried 5-0. X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Aho, to approve the payment of claims as submitted. Motion was approved on a roll call vote,with Aho,Butcher Wickstrom, Case, Nelson and Tyra-Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER 1. Resolution No. 2013-76 Adopting Proposed 2014 Property Tax Levies, Accepting Proposed Budget for General Operations and Tax- Supported Obligations for 2014, and Consenting and Approving 2014 HRA Levy Getschow said this item follows on the discussion at the Council Workshop this evening and will set the tax levy for 2014. He noted the amount of the levy can be lowered before the end of the year but cannot be raised. Although we prepare a two-year budget in Eden Prairie, the budget and levy must be set each year. The proposal tonight is for a 1.8% total increase in the tax levy, with a 2.9% increase in the total City budget. The proposed budget includes investments in public safety, the new point-of-sale program and items for the Community Center. He said the tax levy is impacted by certain programs such as the fiscal disparities program, and we will again be required to increase our contribution to that program. He noted we are one of the few cities in the area looking at a levy increase of less than 2%. We are required to take action on the proposed levy and budget by September 15. Nelson thanked staff for working so hard to keep this at the inflation rate. MOTION: Aho moved, seconded by Butcher Wickstrom, to adopt Resolution No. 2013-76 that certifies the proposed 2014 property tax levy to be $33,020,111; sets December 3, 2013, as the meeting which will CITY COUNCIL MINUTES September 3, 2013 Page 4 include discussion of the budget and provide for public comment; accepts the proposed 2014 budget of$43,497,285; and consents and approves the HRA tax levy of$200,000. Motion carried 5-0. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Park Boundary Inspection Update/Staff Recommendation Lotthammer said Council Member Case asked staff to take a look at the progress being made in the park boundary inspection and come back with a recommendation on continuing the program. He said he talked to staff about the program, and the conclusion was the only thing that stays consistent for staff is the property line. He gave a PowerPoint update of the program that was started in 2005 when the City Council addressed the need for property owners to stay within their property boundaries so as not to put staff in a position of making arbitrary decisions. Prior to 2005 there was no active program for boundary inspection, and inspections occurred only on a complaint basis. In 2005 the City hired seasonal boundary inspectors, and in 2006 boundary initiative letters were sent out to 2100 property owners explaining the boundary inspection program. The boundary markers are now marked with GPS and provide a good benchmark for people who move into a neighborhood. He showed examples of some of the infringements staff found during the inspections. Lotthammer said staff recommends that we continue to enforce the boundaries. People who buy lots should understand where lot lines are. He said staff tries to educate people about the importance of the City protecting its property. We encourage people to come in to discuss their property if there is a question about where the boundaries are. Tyra-Lukens noted that some of the structures that encroach should have required a permit and asked how that situation could happen. Lotthammer replied it is not easy for the City to know when a structure is built that should have required a permit. We sometimes hear about the encroachment from a neighbor. He noted there are a lot of cases where we would have told them about the boundaries if they had followed proper procedures. Nelson said a property owner came to Open Podium at the last meeting with a comment about outlots. She has heard people say over and over that if the City would maintain the outlot they would not be tempted to encroach. She thought we need to keep the outlots maintained to a certain level as it is reasonable for people to expect the City will take reasonable care of outlots. She said she talked to Mr. Getschow about looking at a program for volunteers who would help to keep up the outlots that aren't in park areas so the neighborhoods will look good. Lotthammer said staff is looking at four or five areas where we are actively mowing but will convert over to native CITY COUNCIL MINUTES September 3, 2013 Page 5 grasses; however, that is not something we can do to all the outlots. In many cases the response may be to do more of a spray treatment and that requires trained and certified staff to do the work. A lot of the areas are in a natural state. Staff has been trying to deal with them,but the areas need to have on- going work. He said there are events now where people can get involved,but we could probably improve the marketing of those events. Case said he thought the issues Council Member Nelson brought up were significant and relevant. He thought the core issue is if we are on track to protect our borders. He thought we are making progress, and it would be a mistake to stop now. It is good to revisit the issue and it is important to tell people what we are doing. Tyra-Lukens was comfortable continuing with the direction we are going. One of the things she likes about the program is that it doesn't pit neighbor against neighbor because it is hard to turn in your neighbor. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Case moved, seconded by Butcher Wickstrom, to adjourn the meeting. Motion carried 5-0. Mayor Tyra-Lukens adjourned the meeting at 7:37 PM. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 17, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A. Christy Weigel, Clerk's License Application List Police/ Support Unit These licenses have been approved by the department heads responsible for the licensed activity. Requested Action Motion: Approve the licenses listed below New Liquor License(s) Licensee name: The Tap House Restaurant Group, LLC DBA: Prairie Tap House 8251 Flying Cloud Drive #3030 - 1 - CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 17, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IEM NO.: VIII.B. Randy L. Slick Final Plat Report of Helmin Addition Public Works/Engineering Requested Action Move to: Adopt the resolution approving the final plat of Helmin Addition. This proposal is for the plat located north of the Cherokee Trail West and Old Shady Oak Road intersection. The plat consists of 2.09 acres to be platted into one single family lot and one Outlot. This is a replat of Outlot A, Shady Oak Ridge 3rd Addition. Background Information The preliminary plat was approved by the City Council on December 1, 1987. Second reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on January 19, 1988. Approval of the final plat is subject to the following conditions: • Receipt of street lighting fee in the amount of$350.00. • Receipt of street lighting fee in the amount of$743.09. • The requirements as set forth in the Developer's Agreement. • Revision to plat shall include perimeter drainage and utility easements on Lot 1. • Revision to plat shall include an expanded 20' drainage and utility easement over the existing utilities that parallel Old Shady Oak Road. • The unused sanitary sewer and water service shall be abandoned prior to issuance of Certificate of Occupancy. • The Nine Mile Creek Watershed District wetland and wetland buffer requirements shall be met. • The wetland and wetland buffers shall be placed under a Conversation Easement and shown as drainage and utility easement on the plat. • Any stormwater management practices required by the District shall be designed and submitted to the City for review and approval. Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013- A RESOLUTION APPROVING FINAL PLAT OF HELMIN ADDITION WHEREAS, the plat of Helmin Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Helmin Addition is approved upon compliance with the recommendation of the Final Plat Report on this plat dated September 17, 2013. B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six- month maximum time lapse between the approval date of the preliminary plat and filing of the final plat as described in said engineer's report. C. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners and subdivision of the above named plat. D. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on September 17, 2013. Nancy Tyra-Lukens, Mayor ATTEST: SEAL Kathleen Porta, City Clerk • • DRAFT • HELMIN ADDITION R.T.DOC.NO. • PRESENTS:That Gerald Hen,fee owner,of the following des...property EDEN PRAIRIE, (MINNESOTA = skeet to County of Hennepin,5tate of Minnmta,be wit: _ i T "'skeet. TAb plat Of HELMIN ADDrtIONwwapproved and accepted by the ay Council of Eden Prairie,Minnesota,ate "" "' N9874'34'E 733.38 ya, i rFO smwBO OW,A.Shady Oak RWg<3rd Addition, regular meeting Hereof Feld this day Of 10_.If appllable,the written comments and recommendations Of the Commessioner ofinnzporution and the County Highway Engineer have been received by 97.08 145.70 1 1 ee Has.used the same Debe surveyed aM bttea as NELMIN ADDrTION,and dyes herebyrant totfootyof Eden the City or Me prescribed 3Dday pee.has eUpsed wMOut receipt of such comments and recommendation,as I 1 Prae the for and utility purposes as shown an tAh PDT. provWed by MinnesotaStatutes.Section 505.03,5ubdivlslon O. gg II IRA Ul In Mmesswhereof said Geratl Helen,have hereunto set Fls bands this_day of 30_ 'e R 1 it �n cry council.Eden Prairie,Minnesota tna 13 Xet ex, • By, n y: Clerk m 2,, 11 G STATE OP Cllte DUNTyegoin8nawi instrument was acknowledged before me this_ yo Eby TAXPAYERS SERVICES DEPARTMENT,Hennepin County,Menne.. LOTSB I I e ,et I Serail xeknm. I hereby certify that taxes payable in TO prior years have been paid for land described on this pbe dated this Eel m n Notary Pub •` County,Minnesta Notary Pdntea Name Mark V.Chapin,County Auditor n p I InT (r y Commission Caplan n $ 1 1e ��: M coat ereWeenihtAattbis plat was 3 4O'4'1 77.oe trloir2s.1 p`. 4 NORTH prepared by me or under my dire super...on:that lama By. .ceryn �S' i Ip' ��$ I 100 auh Ucen5 land Surveyor in the Rote of Minnesob:that this plat is a correct representation of the boundarySCALE IN FEET 8 �f '' I�' surrey,that all ieal dam and labels are correctly designated on this pet Nat all monuments depicted on ? 4:4' xOIO2.VE EI pen this btdam been or will.correct.,set within one war;that an water boundaries and wet lama,as bet..In SURVEY DNIs ,Hennepin County.Minnesota - OUTLOTA Gzn I Ica Minnesota State., on SO5.01.Subd.3,as of the data of this certifote are shown andbbeUU on this Pbtand Z i 1, 1 a public ways are shown and label.OY this pies Pursuant to Minnesota Stances Section 3838.36511S6W,this plat has been approved Mis_day of 1.4],60 bb"2TJY-I:T w M 30— M [45130/1 PER NI 0, Owen thiz_ayaf yRpla 11`v Broom,county Surveyor ,_,,,,,,_ ,,,!•;I 1 Marcus F.Hampton,UoeyedLand Surveyor, RV Vy c.r6➢ Minnesota license No.474131 4 REGISTRAR OF TITLES,Hennepin County,Mmneson tf STATE OF MINN.°. ^h.' COUNT/OF thereby certify Mat bee within plat or HELMIN ADDITION was filed in this office this aa,f �y�S 4 ' 20�at_o<.h_ , yaari6f',/0 TAe foregoing instrument was acknowledged before me this_day of ]O�by Marcus ,� F.Hampton,a licensed lane surveyor. Marro McCormick.Realm,of Titles AND DENOTES R MARKED INCHCE 14INO.IRON MONUMENT SET C v RNED By LICENSE ND.4]401. '—t,Ta\\ Y DENOTES1/11NCx IRON MONUMENT FOUND UNLESS Br ,Deputy e\ OTHERWISE SHOWN. Notary KOPF, County,Minnesota Notary Printed Name _ y mmissan Expires •a y sr» THE NORTH LINE OF OUR0T 0.1R ASSUMED TO HAVE 75.1J A HARING OF NORTH PS DEGREES 34 MINUTES 34 / 589�'49� SECONDS EAST. 1 \ • • M FRA,INC. ENGINEERING,PLANNING • AND LAND SURVEYING CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 17, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IEM NO.: VIII.C. Randy L. Slick Final Plat Report of Hennepin County Public Works/Engineering Plat No. 2 Requested Action Move to: Adopt the resolution approving the final plat of Hennepin County Plat No. 2. This proposal is for the plat located at 16011 and 16041 Pioneer Trail. The plat consists of 1.99 acres to be platted into one lot and one outlot. This plat is part of Hennepin County's process of disposing of surplus right-of-way acquired through project 9616 on CSAH 1 (Pioneer Trail). Outlot A will be retained by the County for future right-of-way needs and the resulting lot would be sold to a private individual for future development. Background Information The preliminary plat was approved by the City Council on September 3, 2013. Second reading of the Rezoning Ordinance and final approval will be completed on September 17, 2013.. Approval of the final plat is subject to the following conditions: • All fees associated with the final plat have been waived due to the 50/50 cost participation split with Hennepin County. Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013- A RESOLUTION APPROVING FINAL PLAT OF HENNEPIN COUNTY PLAT NO. 2 WHEREAS, the plat of Hennepin County Plat No. 2 has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Hennepin County Plat No. 2 is approved upon compliance with the recommendation of the Final Plat Report on this plat dated September 17, 2013. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners of the subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on September 17, 2013. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk jRT.DOC.NO. HENNEPIN COUNTY PLAT NO. 2 East OmYr corm.Est.06 T.116 R.@ etniln Monty Coot Iron Ibvnt 'Eden Nol cgrrr MOWER Taw .1.a lot Found ^^'wy�• ' At Nto l0tly rlpnt of.yy t 0 OBl•10 L7•E I 1 10 I On NO —..— *Eden Plight,' 1 __-- o OUTI�OT A . ill \ J.a Not Found i. 2 I pr'lv lira 8a c \ ■ j __ — —�- .� of RT and au.Fs) ..'�`- r'- W �\ I I 4 I 1 P w e I "E DI E N HEIGHTS' I 1� Moe L 0 T 2 I I w BLcCK 1 il w LOTI1 • i; LOT t I I i i • I 1 Fast lino �.of I1 a Mot OF East B L • IC I I I 1 Fast I/2 of I toOIM11Yt AND UTILITY q®Bde ME SCUM 7Ni I 1 I 11 10 O i L_ saws i tit.s.I'a S.m MOW -- ----� IFIF•El'EF•E .aIM...r no•.'.'t I I 200.00 1111016'40•E I I —J L—_. EDEN HEIGHTS ESTATES I I • ma.lnfa.n.trr..r.tr.m.n south to.of Lot 6•lock a I 1 t1�..auTl I 1 A • t.m.I..Im mom*.palm..a...m Im TO=E I rino 10 foot to mute.nd tefowno lot Woo 1- • ...t.......tar.or tm R..r fR.I: and Wing 10 foot 1n mOte and Wlotnln0 4 right-of-my ITI.. onlm otot le isltabu. ooutho'Iy coma'of rl w tm eo.ttl...t rammm. ot 6 Black a.Edon Irtylt.• J.a Not Found r Eaaetnm.t cm,.• Lot 6 Blob E-Edon 11.1OIt.• Rolfes[flower come Tact.16 T.116 R.9 .0.a Foal Ioongln amity Coot Iron Ibvnt Hennepin County Taxpayer Services Department Survey Division 9€ET 2 OF 2 SHEETS CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 17, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: IEM NO.: VIII.D. Randy L. Slick Final Plat Report of Reeder Ridge Public Works/Engineering Requested Action Move to: Adopt the resolution approving the final plat of Reeder Ridge. This proposal is for the plat located south of Beverly Drive,west of Eden Prairie Road and north of Flying Cloud Drive. The plat consists of 78.56 acres to be platted into 55 single family lots, 5 outlots and right-of-way dedication for street purposes. Background Information The preliminary plat was approved by the City Council on July 16, 2013. Second reading of the Rezoning Ordinance and final approval of the Developer's Agreement was completed on August 20, 2013. Approval of the final plat is subject to the following conditions: • Receipt of engineering fee in the amount of$3,575.00. • Receipt of street lighting fee in the amount of$8,820.90 • Receipt of street sign fee in the amount of$4,289.00 • The requirements as set forth in the Developer's Agreement. • Prior to the release of the final plat, Developer shall execute the Special Assessment Agreement for trunk utility improvements in the amount of$409,179.18 and for Eden Prairie Road improvements in the amount of$1,316,252.00. • Prior to release of the final plat, Developer shall provide a warranty deed to the City for Outlot C and D. • Prior to release of the final plat, Developer shall provide to the City a current title insurance policy • Satisfaction of bonding requirements for the installation of public improvements. • Prior to release of the final plat, Developer shall record and provide proof of filing the Development Agreement at the County Recorder and/or Registrar of Titles. • Prior to release of the final plat, Developer shall submit to the City for approval by the City Attorney, the Homeowners Association Declaration of Covenants, Conditions and Restrictions. • Revision to plat shall include the correct designation for Outlots B and C. • Revision to plat shall include lot frontages on Lots 4, 5 and 22, Block 2. • Revision to plat shall include 55' of frontage on Lot 19, Block 3. • Revision to plat shall include a revised street name for Prairie Grass Pass. Attachments • Resolution • Drawing of final plat CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013- A RESOLUTION APPROVING FINAL PLAT OF REEDER RIDGE WHEREAS, the plat of Reeder Ridge has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Reeder Ridge is approved upon compliance with the recommendation of the Final Plat Report on this plat dated September 17, 2013. B. That the City Clerk is hereby directed to supply a certified copy of this resolution to the owners of the subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on September 17, 2013. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk REEDER RIDGE R.T.DOC.NO. �.:: -.\ :_ III 1 r ,i/ :.lam R_195.43 \ I I °T4\'r'g vrict01.W t85. _ _,,.. .--._—_.„'"-2,,a �/ I 1 / ry1°//// .. .... . jIl <0�..2> ::':� p 116.5T ° .` R Na0`� / l'1 —=M9°455YW 07.001' 4=21°30'00• �, pv11°Ol'i6' / , 5pei / III -- R=526.72 C=197.65 _—�-- ---- ` LOT3 ,I; OUTLOT E ;'a / ;=' OUTLOT E >(�I �6 1 f'--- Z_e t ' / \\yli y\\\\ ei i Q ^ h-3 ' I ♦ `\\ v 1 / ,I 4 m //�\ / RI ��. ;\\ t / / // \ 0/R /i\ ,i\\ 4,i I //p \ iI W / ,- ,/, ♦\ \\ ,i, l I %%a 3 \g I, u li :�. :;ea aat.e°,,a,..d.a,,, �,a,a 5 nm . 1 I// �:: / = L. ` IL E CROSSING a., // %a ii n I Ne9lsaw '�'� 2 /� 1 -���JI r2B.B0 /4-6E 1/4 SE g / Mrv�-J .s / —— ,age. / ——`: \' // 9 V� i 1 I r,z,S // ¢ I' S .z9. .IIe.x.,z \\\ ,ii i 1 I" / w 4 c. �+`� //" �,°°, ,\ J/'° as \^>`.;:,\ 1 I Y \e '/ 8 ¢ I -- ti �A /' 3 :1,Y3. .,E;/r. 4 w , �o� 1 ,, a -- -- s i'se�esrsz a_:-__x.m rN o ow ml1 23 / wwe___' °<•..a.,,ee z,r O $ s% /F.2 <2'n 9\�vr L=155.32< „;,:'/-wiaeee_J.s22,n 1 / :� :�_xez°roses�uu `, _ -- /"a a '��` \� I 5\3s^gsa8„-_ `!,_—1-'2—o/ a-' ,,,--—T——�-,� _--`_uxE�oF�s,'u"`aa wl T(' \\\�a. 11 / i 4 8i r' — -- " ESE/a sEc z rH s wxe� gm� \\gip �� not 22•`tom / ee,°� e.ans,B. xi °1 D, / ` e^/ 3 r,' oaAa,AGE AO Dun,E.O.M.ARE.0.1111.... 13 r_n•m?c!x.,m r-' x' w `t__ Its p n / "n-zz:,;.zmm zd °J -_ L_E '"a.M,E '-\\.ita sE i s y I — a '° suxEorxw,/,_—,,/, ___ ,b__ __ -- _— -- // T__ _——_ I 1 _rxir<s SRElfSOEc . 29' /I' SHASSOMED LTO HAVES A'SEARING EOF 2SB9'00'391E 22. 2 - - IHae.nleesoLenuxcxotmanensplaE Dddl Denotes drainage 000 unity eosement • Denotes m numenf found I/2 incM1 n pipe 0 30 60 120 a Denotes I/2 ineM1 x IB inch mo mment set i m09Ned by Sce„e no.16425un,ess0tne,wise 95own SCALE IN FEET L]JJLlt]LV 1 a Denotes Meg Pica Set • ENGINEERING,INC. p• Senates cast iron manumenf fountl SHEET 2 Or 5 SHEETS REEDER RIDGE R.T.DOC.NO. I I , I li ',,t.::..),'-‘,/'', / I--r// r ... I .S / 6 I L'iT 2 1 S '..'.T I I N10. 1•E .....-1,-7 . 38863020"E 122.31 ..----16.6016° N USE OF SN ROCS, "2 , — Or.20---r SO •' OULOT -- 383°3020°E 574.14 i --------------- _——---__ ' ——----—— ——--——---—— 1"SEC.29 ' ,.._5 UNE Of NW 1/4--;I/4 WUrTKE CROSS 11\1-0 •0,:::' • 0.5' ,•7• 1 , ,z‘>•-' •, ,"-';'.,.' s• , ,,„, ,t";S''' ,, c,) ,- s. „.,- 4,s›. ,,,, 10 III 2 ,,,- t..A, t--- .0, ..,/, I I,` ;se -i' (-- . 4,,, A,.','-'' e,,P,g'' # ''''.g. 2,.. h / 9 i , V:.'"C.a.', ---.4'..l6 'i ?''' I,,,. ,•, ,T '4°.-.Zff' •-... .,,T-.....i H's. c .,., f 0 .,,,,,/ /i ,,--•-----17.6.i..._. 27.25<;' 1 1 11 ? 'I x --.',..-4--- , ,,,,, ii. 12 1 6? g1 , '. I it' i I. 4,' •\ \ 1 1,1 I I. 13 -?,/1 _iiiO /ill, // r "'/il, ,1,1 i 1 <4,, , ___ ',,,, • \ ,, / ,--nr-,, 4,i 1s4s,, 1 .02."'"-- - '\`V,,-.N '''',"'f:(,,, I I 1 i i 1 S 7_ ———-- \ '.;':' ''''',.,'"----1 L-L--'-'-',.?'!2.'.,..,,, 1 1 t ‘, I i A `'",,,, ' ':-*": :::''''.—:;',-E-2 L '• I OUTLOT E _ i'•:\ 20 7.7r----, 42 8 REEDER ' '... .J ---...,.---- 3/4-0,,,,,,. ,° \, i; N, , ) c., 1....7.-2M„„, . . -f,- '''''A. ,,,/ ..... i 0 40 .'-''''' 7 r- ''. „,„,,,,,,,,,,, , --. ,1 . 1 '‘?1 '''' '::: :1;\'1-:e.: ' -"-IH''''' \—71 46 - III I:::-.6://:111 1"2:1:' 2 2,1 i, / .. 0\ii t .\ 3 I I ' •, I, \ -. ',. / \ ' ‘ ,/ OW \VP' ; ,.),„.c, -.../,,,,, ,\• 15 I i i /____,. 'i--.....e '\ I I r Di. j/ I ,,,' .=:..,\k 1 , .1, ,A I I -' I - I 1 )1,0 / i \\, VA \\./t ' / RI I ..I/ „...--."' .,4 , . .„.., / \\\t3 `'S•ow', i.!I ill I -'-' ..1,f / \\,i 16 \ A ' ill I gl/ , " Aii, k 1 g,./ .,...-.."1," I i 18 ,,1 1 i 1 i i\‘--'' 'l '1 r- 1 t 1 /1 1 , r %i„ \\% i i l' „i ‘, •,,,‘1 .66 '''. 4,‘ V \ 11 Ii I / 17 i //:1 .;i/i t\1 I I I I; I I ii 1/ '''. ‘..,,\ I\ t% I I i/ /I‘ 1‘ I I \1 1 1 II I i 6 /to \'.,,,, 1....,..l`.- .-. 2 l...??2,-1 1.-...,--1 1--:-.22-i L7,ce _I OliAINACE MO SEE/NHEAS.D4DaS ARE 910VM THUS: ?V ITEASTUMTD LiNOEHAFVE"A'‘,:,,FNgEg 2S9d9j130!1394.22. DIN Denotes drainage and utility easement • • • Denotes monument found 1/2 inch iron pipe I I 30 60 120 a Denotes 1/2 inch x IS inch/ran monument set 0 Sees le:F sUer:2 70 i marked by license no.18425 unless°Clem's.shown .a!dTs . 111:1: :tt e i7 P7' 1 1 SCALE IN FEET A Denotes Alog Noll Set e Denotes east iron monument found M, A LE N G i NI.JN.EI.,,A,,INC. SHEET 3 OF 5 SHEETS REEDER RIDGE ...,___,.------1.545 RARALLEL Willi S iiiiE ei if . j___VI,'S'EC11977.'rie - F, 40,45' .;.:'s,5. ...55.-----I.- a .3 ---,-____, ,46? '•\%,,T.,,IC.*,,Z V V <4' ,`„ ''''''' I-- ' •-•':' ,%,,,. 21 I. 2 110 I i --- o op/0 5f 6 \I‘\ ,I'N 1/^\\ 20 '') I.I.4,,,,,. - f,,,,, )%\\\ i ''; .>/ I \\\Oo.. .. ,,, ,,,,/ ,,,, ,__,„:1.6,MP ,.32",,,,...„..---." --. I 1 ,_ :I,T.' II"'.I'TI-.I II'" \ ,---AIITIT'T' \\ 2 %\,. ,,,,..r.)„,-\\'..---ftr- \A -„,i, - 'I 85 s7I\ \\\,51!„::- ' ‘ ' 1196-- 3 , , A \• , . I , ;I \ 04-, I8 `,\-,1, r-i-Z;t-,\.;,-,-:3-‘- ' -----''''' ' ---- .1, c.; \\t,,,, ,,,,,,,;,,,,,, :::_zt,,,, •\\I'' \,--r " IDs li 7/ --a,-; ------J i I-______ \,... ,"•••,• , \, , , . ., .,. ,7• ,/, ‘,‘,,,„, ,....., \ -„,.•, ,,,Ge .,,.;.p-.,.„, ..r.;.:;:e-,-,---- -----_ I ' -1% ',0•‘;'''' 1:('''',0''''' '- 1 \ ,17 - z, / /,./11 o,I° re...„,„--.." \\ J s. f', • TV:es' ._,...--- \ ••,. ;,,' t5 it '\.-.1.-35. \ \\‘‘ • serZeOin, D Os / \ 'f, \ li''.5\‘‘ •sf.' 5 5 ,, , iv \‘,,,., i t'i/ At. •,),‘\\ \ \ T3,'-`t' V...e./ 16 \\23), ,9 ,I0I'' / \ •\ \ lk‘‘ \ r--Fe5-----;,,c ,,,•,, , ,,, ,'<, If/ . ,,,••, `'‘ 4\ \ 3 •• , ..- ck. ,,4:1,-- \\ , \,‘ k'.-....; 15 I V 4 , , / •. \• ,\•7' I I 't\ ,/ 4 1 Li' , \\a-- 1 7 so \ 6 0 tt:1 'Li; \ •,•‘‘vj \‘,t,‘, 0 Ru LT,' THE.0: SOUTH LINE OF SE IA OF SEC.29,T.II6,R.22, ,‘\ ,< \\ \ \ , ) IS ASSUMED TO HAVE A BEARING OF S89.00'39'E / Cr 1 :::— 's•.- . \ \ , / CC I OW Denotes droinoge a.Unify easement ..‘,. LJ I \\ \ \ o Denotes I/2 inch x 18 inch iron monument set .„1,,,,,,,S T s‘\\ marked by license no.18625 unless otIleffase shown ''""'".A'' k\ \ ',i1 \ 47,...,,,\\ \ \\ \ \ \• \\ \ \ D ei U Lil 1 1.11 A Denotes Moe Not Set ter.,t•-;;V ,0 '''' \ \ ' 'ts\ •‘‘ \\ \ C) Denotes cost iron monument found / I \ ,„ 9 \\ •\ •\ \\ \ \ §I \ c.; / 11 \ II lo \"4- \\( ;,,,,,,, I V5 1, A\I \ \ s ----- Al5845651•W ..__...,-........,_ SB9.16.33.E 2 7.63 . "."'. I 37243 j TT-. 11 g 1 \f, -,, ; I ) !t., ..... v, ...-z.,:- •,,,,:,,,i,,k5 S Ann.,.suave, I 0, FILED ALIO 15,ISSI I \ I I ' SV's.,;177,,TA,V ,•,* i 1 i \ , ‘ , i DRAINAGE An0 Miry EfirkliffirS ARE Snoyfil TIM / ....''... . \\ _ __- ._ \ SI , I \ I 1 0 30 60 120 1 i SCALE IN FEET M ALLIANT ENGINEERIND,INC. SHEET 4 OF 5 SHEETS REEDER RIDGE R.T.DOC.NO. , APO&UDC SAW, DEC ND 2M7022 MED ALIC 12.D91 I er WESTWOOD PPM SVD SO" , I • I R. I 2."DED'220, hif S89.14'59T 200.33(M) ',A, 1 • c.w S89.16.3XE 200.04(0) I I I 2 t OUTLOT B -.I. OUTLOT B ,,,, .1, I ' a i ..... OUTLOT A bl • '-',/ , ,, .---- _--- -..., , .-.; ,',,,, •;',''l --------_ ,,,, '= --7.•,-,2 ' ''' / • .•,-',, <, ,./ P ,, ,„,.t, c,, ....,, %„....,., ' 43„4,,,, ?<•.--fi.: 65 ',, 4 ! t'', 43,\ ..0 :,..,'4,6=3.32.47.. S OUTLOT C ,,,' ,PI,; %(':A s. , v i 4t,•‘"-.Q''/ '1 ..."4°`:', , v ,4 1 I; 4...." i fD D.0690 I.1 SW 29.2191.1/4.CODNED SEC 29 TED 222-...„ I FLYING CLOUD DRIVE 6 , 665.19 I [ F ------- Z S $89.00`39.E 851.00 _.--- -- 1 ._. e __ ____ ___ 2 ,:,L,:),;,; ___— ----,..7 ,,, ___ __I\ . a ---_ —__ 2 0F L'",,..1(2-', 7 -- ----- ------ ------',AV:3 '1%I:\‘. ----'"' '' ------ ---- srrirsEC'LV13;s7R.t.---'--1% "----. ----- ----- ---- —__ __----- ---- ------ --- _ ---___. :Ervr.'„v,,727 v4—v• '______ ______ — MENACE MD DIIDED 22204efiS ARE 2.1092/TM. N . THE SOUTH LINE OF SE 1/4 OF SEC.25,T. IS,R.22, I IS ASSUMED TO HAVE A BEARING OF 588.00'39.E 1)&11 Denotes drainage and utility easement Z'ss F,,75,,a'aeliZ155,an4X:;i7O7' =Med by license no.18425 unless otherwise shown A Denotes Meg NOT Set 0 30 60 120 I 1 SCALE IN FEET ENGELERINNG. 'A SHEET 5 OF 5 SHEETS • CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 17, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.E. Jim Richardson Adopt Resolution Declaring Costs to be Assessed Public Works/Engineering and Ordering Preparation of 2013 Special Assessment Roll and Setting Hearing Date Requested Action Move to: Adopt resolution declaring costs to be assessed and ordering preparation of 2013 Special Assessment Hearing rolls and setting Hearing date. Synopsis A Special Assessment Hearing is conducted annually in late October or early November. The assessments levied are for projects which have reached the point of substantial completion since the previous hearing. This process is conducted in accordance with State Statutes and procedure developed with the assistance of the City Attorney. Attachments • Resolution • Exhibit A - 2013 Special Assessments CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 20 13- RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF 2013 SPECIAL ASSESSMENT ROLLS AND SETTING HEARING DATE WHEREAS, contracts have been let for the following listed improvements and the total project costs, including expenses incurred, or to be incurred and the City's share, exclusive of that assignable to City Property,are established as shown on the attached Exhibit A. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council: 1. The costs of such improvements to be specially assessed are hereby declared to be those as set forth in Exhibit A. 2. The City Clerk with the assistance of the City Engineer shall forthwith calculate the proper amount to be assessed for each improvement against every assessable lot, piece or parcel of land within the district affected without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in the office of the City Engineer for public inspection.. 3. A hearing shall be held on the 15th day of October, 2013 at the Eden Prairie City Center, 8080 Mitchell Road, at 7:00 p.m., to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessments. 4. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessments to be published once in the official newspaper at least two weeks prior to the hearing. The Clerk shall also cause mailed notice to be given to the owner of the record of each parcel described in the assessment roll not less than two weeks prior to the hearing. ADOPTED by the Eden Prairie City Council on September 17,2013. Nancy Tyra-Lukens,Mayor ATTEST: SEAL Kathleen Porta, City Clerk EXHIBIT A 2013 SPECIAL ASSESSMENTS September 17,2013 Total Cost City Funds Amt to be Assessed Supplementals Trunk Sewer&Water $531,354.81 $0 $531,354.81 Connection Fees $25,910.00 $0 $25,910.00 SAC &WAC $25,430.00 $0 $25,430.00 Snow Contracted Removal $157.50 $0 $157.50 Tree Contracted Removal $2,454.30 $0 $2,454.30 Tall Grass/Weed Contracted Removal $500.00 $0 $500.00 TOTAL $585,806.61 $0 $585,806.61 CITY COUNCIL AGENDA DATE: SECTION: Consent Agenda September 17, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.F. Jay Lotthammer, Director, Hennepin Youth Sports Grant Proposal — Parks and Recreation Aquatics Facility Motion Move to: Adopt resolution authorizing staff to submit a grant request to the Hennepin Youth Sports Grant Program for Aquatic Facility Expansion and Renovation. Synopsis Hennepin County is seeking local government units (LGU) interested in developing facilities for amateur sports or recreation. Legislation authorizing the building of the new Twins stadium allows Hennepin County to grant up to $2 million dollars each grant cycle to Hennepin County communities to assist with developing these facilities. These grants will be made through the Hennepin Youth Sports Program. In order to apply for the grant it must submitted by a local government organization and a council resolution authorizing the submission of the grant application is required. City of Eden Prairie staff would complete the application and oversee the construction if the award is successful. The estimated cost of the project is $16,500,000.00. Background The purpose of these grants is to allow municipalities,park districts and school districts to create, expand or improve sport or recreational facilities to enhance opportunities for athletics and recreation. No grant awards may be used for ongoing expenses, such as programming services or operating and maintaining the facilities. The criteria considered in evaluating grant applications includes; need for the facility, including recognizing that many changes in youth sports and activities have occurred in the more densely populated cities of Hennepin County, equitable distribution throughout the county, leveraging non-Hennepin County funds and in-kind contributions, sustainability, including ongoing operating funds and inclusion of environmental improvements. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013- _ RESOLUTION AUTHORIZING FILING OF APPLICATION AND EXECUTION OF AGREEMENT TO DEVELOP SPORT OR RECREATION FACILITIES UNDER THE PROVISIONS OF THE HENNEPIN YOUTH SPORTS PROGRAM FOR THE EXPANSION AND RENOVATION OF THE AQUATICS FACILITY AT THE EDEN PRAIRIE COMMUNITY CENTER WHEREAS, Hennepin County,via its Youth Sports Grant Program, provides for capital funds to assist local government units of Hennepin County for the development of sport or recreation facilities; and WHEREAS, the City of Eden Prairie desires to expand and renovate the aquatics facility at the Eden Prairie Community Center, (hereinafter PROJECT) for the purpose of offering expanded practice times, aquatic classes and lesson facilities for Eden Prairie Residents, Youth Associations and High School students. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL of the City of Eden Prairie: I. The estimate of the total cost of developing PROJECT shall be $16,500,000.00. The City of Eden Prairie is requesting $325,000 from the Hennepin Youth Sports Program and will assume responsibility for a matching funds requirement of$16,175,000.00. II. City of Eden Prairie agrees to own and assume one hundred(100)percent of operational and maintenance costs for PROJECT. City of Eden Prairie will operate PROJECT for its intended purpose for the functional life of the facility,which is estimated to be 40 years. III. City of Eden Prairie agrees to enter into necessary and required agreements with Hennepin County for the specific purpose of developing PROJECT and managing its long-term operation. IV. That Parks and Recreation Director is authorized and directed to execute the application for the Hennepin Youth Sports Program grant. CERTIFICATION I hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by the Eden Prairie City Council(authorizing entity)at a duly authorized meeting thereof held on the 17th day of September, 2013, as shown by the minutes of said meeting in my possession. ADOPTED by the Eden Prairie City Council on this 17th day of September 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 17, 2013 DEPARTMENT: ITEM DESCRIPTION: ITEM NO.: VIII.G. Kristi Etter, IT Manager Fiber Expansion Project Requested Action: Move to: Approve professional services agreement with Compass Consulting for engineering and construction services to expand the fiber optic network to several city remote sites and to LOGIS. Synopsis: This project will improve connectivity and provide a stable infrastructure to the city's remote locations by eliminating the need for the current Alvarion Wireless connections and creating redundancy in the network. The city has been working with Compass Consultants Inc. on this fiber network for nearly two years. Phase 1 of this project will provide fiber optic connection to all three liquor store locations. The enhanced connectivity will reduce implementation costs for the new POS system. The liquor stores connections are expected to be complete by mid-October. Estimated costs for Phase 1 are as follows: • Estimated Engineering for Phase 1 sites: $ 11,470 (included in the $37,335 referenced in the attached Service Agreement, the remaining$25,865 will cover engineering fees for future locations mentioned below.) • Estimated Fiber Lease for Phase 1 sites: $ 200/mo • Estimated Fiber Construction for Phase 1 sites: $ 75,400 Funding for this project will come from the 2013 and 2014 CIP budget. Future phases of this project will include all four Fire Stations, the Senior Center, the Art Center, and the Outdoor Center. Attachments: Professional Services Agreement Compass Quote Compass Site Plans Standard Agreement for Professional Services This Agreement ("Agreement") is made on the 17th day of September, 2013, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and., Compass Consultants, Inc. a Minnesota Engineering/Consulting company (hereinafter"Consultant") whose business address is 150 2nd St. SW, Perham, MN 56573. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant Compass Consultants hereinafter referred to as the "Work". The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A in connection with the Work. The terms of this Agreement shall take precedence over any provisions of the Consultants proposal and/or general conditions. If the Consultants proposal is attached as the Exhibit A Scope of Work, City reserves the right to reject any general conditions in such proposal. 2. Term. The term of this Agreement shall be from September 17th, 2013 through the end of the project . This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $37,335 for the services as described in Exhibit A. A. Any changes in the scope of the work which may result in an increase to the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. If Consultant is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. City Information. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary, the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches, estimates, drawings, and other documents presented by the Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards. The City shall furnish the Consultant with a copy of any standard or criteria, including but not limited to, design and construction standards that may be required in the preparation of the Work for the Project. D. City's Representative. A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, an itemized invoice for professional services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City for: A. Progress Payment. For work reimbursed on an hourly basis, the Consultant shall indicate for each employee, his or her name, job title, the number of hours worked, rate of pay for each employee, a computation of amounts due for each employee, and the total amount due for each project task. Consultant shall verify all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Consultant shall provide an itemized listing and such documentation as reasonably required by the City. Each invoice shall contain the City's project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments and unexpended balance of the contract. B. Suspended Work. If any work performed by the Consultant is suspended in whole or in part by the City, the Consultant shall be paid for any services set forth on Exhibit A performed prior to receipt of written notice from the City of such suspension. C. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. D. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: "I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid." 6. Project Manager and Staffing. The Consultant has designated Pete Johnson to serve on the Project. They shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Consultant may not remove or replace the designated staff from the Project without the approval of the City. Standard Agreement for Professional Services Page 2 of 8 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. Audit Disclosure and Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. The Consultant shall at all times abide by Minn. Stat. 13.01 et seq., the Minnesota Government Data Practices Act, to the extent the Act is applicable to data and documents in the possession of the Consultant. 9. Termination. This Agreement may be terminated by either party by seven (7) days written notice delivered to the other party at the address written above. Upon termination under this provision, if there is no fault of the Consultant, the Consultant shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the City terminates the Agreement because the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another consultant to undertake or complete the Work identified herein. 10. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work, without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City, the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 11. Independent Consultant. Consultant is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Consultant and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Consultant an employee of the City. 12. Insurance. Standard Agreement for Professional Services Page 3 of 8 A. General Liability. Prior to starting the Work, Consultant shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Consultant or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. The policy(ies) shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be primary and noncontributory in the event of a loss. B. Consultant shall procure and maintain the following minimum insurance coverages and limits of liability on this Project: Worker's Compensation Statutory Limits Employer's Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Comprehensive General Liability $1,500,000 property damage and bodily injury per occurrence $2,000,000 general aggregate $2,000,000 Products— Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles. Umbrella or Excess Liability $1,000,000 C. The Comprehensive General/Commercial General Liability policy(ies) shall be equivalent in coverage to ISO form CG 0001, and shall include the following: a. Premises and Operations coverage with no explosions, collapse, or underground damage exclusion (XCU). b. Products and Completed Operations coverage. Consultant agrees to maintain this coverage for a minimum of two (2) years following completion of its work. Said coverage shall apply to bodily injury and property damage arising out of the products-completed operations hazard. c. Personal injury with Employment Exclusion (if any) deleted. d. Broad Form CG0001 0196 Contractual Liability coverage, or its equivalent. e. Broad Form Property Damage coverage, including completed operations, or its equivalent. f. Additional Insured Endorsement(s), naming the "City of Eden Prairie" as an Standard Agreement for Professional Services Page 4 of 8 Additional Insured, on ISO forms CG 2010 07 04 and CG 2037 07 04, or their equivalent. g. If the Work to be performed is on an attached community, there shall be no exclusion for attached or condominium projects. h. "Stop gap" coverage for work in those states where Workers' Compensation insurance is provided through a state fund if Employer's liability coverage is not available. Severability of Insureds provision. D. Professional Liability Insurance. The Consultant agrees to provide to the City a certificate evidencing that they have in effect, with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City. Said policy shall provide an aggregate limit of$2,000,000. Said policy shall not name the City as an insured. E. Consultant shall maintain in effect all insurance coverages required under this Paragraph at Consultant's sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. In addition to the requirements stated above, the following applies to the insurance policies required under this Paragraph: a. All policies, except the Professional Liability Insurance policy, shall be written on an "occurrence" form ("claims made" and "modified occurrence" forms are not acceptable); b. All policies, except the Professional Liability Insurance policy, shall be apply on a "per project" basis; c. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall contain a waiver of subrogation naming "the City of Eden Prairie"; d. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall name "the City of Eden Prairie" as an additional insured; e. All policies, except the Professional Liability Insurance and Worker's Compensation Policies, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement; and f. All polices shall contain a provision that coverages afforded there under shall not be canceled or non-renewed, nor shall coverage limits be reduced by endorsement, without thirty (30) days prior written notice to the City. A copy of the Consultant's Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Consultant's Work. Upon request a copy of the Consultant's insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Consultant has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required Standard Agreement for Professional Services Page 5 of 8 policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Consultant of any deficiencies in such documents and receipt thereof shall not relieve Consultant from, nor be deemed a waiver of, City's right to enforce the terms of Consultant's obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. F. Effect of Consultant's Failure to Provide Insurance. If Consultant fails to provide the specified insurance, then Consultant will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Consultant, its subcontractors, agents, employees or delegates. Consultant agrees that this indemnity shall be construed and applied in favor of indemnification. Consultant also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Consultant to: a. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or b. Furnish a written acceptance of tender of defense and indemnity from Consultant's insurance company. Consultant will take the action required by the City within fifteen (15) days of receiving notice from the City. 13. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and employees harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, to the extent attributable to a negligent or otherwise wrongful act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect, all obligations under this Agreement. Consultant further agrees to indemnity the City for defense costs incurred in defending any claims, unless the City is determined to be at fault. 14. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Standard Agreement for Professional Services Page 6 of 8 Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 15. Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Consultant shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Consultant further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 16. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 18. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 19. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 20. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 21. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. Standard Agreement for Professional Services Page 7 of 8 22. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 25. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE IT Manager City Manager FIRM NAME By: Its: Revised and Copied into Purchasing Policy March 2013 Standard Agreement for Professional Services Page 8 of 8 Eden Prairie City-Sites with potential for Fiber Optic connection Arvig EP School Est Dist Est Dist (ft)of Est Fiber Est Dist Est Const (ft)of Est Fiber Phase/ Fiber Lease/ (ft)of Cost of Fiber Fibers Lease/ Priority Site Street Address City Approx Lat Approx Long Lease Rt Fibers Mo Lateral Lateral Fibers Lease Rt Leased Month Engineering Notes 1/1 Liquor Store#1 Eden Prairie Road&Hwy 5 Eden Prairie 44 5149 N -93 29 13 W 6,910 2 $100.00 700 $ 8,400.00 $ 1,920.00 Connect to EP School fiber along Eden Prairie Rd-need location of closest HH 1/1 Liquor Store#2 Den Road&78 Street West Eden Prairie 44 5131 N -93 25 25 W 8,400 2 $100.00 1,350 $16,000.00 10,750 $ 2,850.00 1/1 Liquor Store#3 Prairie Center Drive&Hwy 5 Eden Prairie 44 5153 N -93 26 27 W EP School 2 $ - 4,250 $51,000.00 $ 6,700.00 $200.00 $75,400.00 $11,470.00 I I 0+00 CL Westgate Dr 1"= 100' N N �� LL Collector Ring ILEC CL Route C Liquor Store#1 N lv City Eden Prairie,MN W W County 1+94 ES HH au to rt JHl Hennepin Filename at'ro Site#10 Liquor Store#1 EDEN 0+00/3+58 CL West Gate Tr PRAIRIE Nvt•w0a1.9ltEl TRACKING Staked By: Dratted By: AA 9/5/13 Built By: 1+82 EOP As-Built By: Luther Way 2+04 EOP r MATERIAL LIST Description Quantity U-FOCXX X Sheldon Ave GSOC GOPHER STATE ONE CALL 1-800-252-1116 www.gopherstateonecaii.org Prepared by: 01'to� cumpassulltantsinc. SEE SHEET 10-002 10-001 SEE SHEET 10-001 1 O P °1.ta p—I 1 PARKING LOT 1 1 1"= 100' E SEE SITE PLAN `� 0+00 NH H 6+14 44 \ Collector Ring ILEC 0+44 ENTRANCE TO BUILDING L Route Liquor Store#1 City Eden Prairie,MN County Hennepin Filename * Site#10 Liquor Store#1 PARKING LOT N EVENMain St .ag,�e PRAIRIE a) wosg.pee.0 TRACKING n � CO L— ' LL Staked By: L 0— Drafted By: C 17 C W AA 9/5/13 Built By: CD W As-Built By. MATERIAL LIST State H Description Quantity wY 5/IN78th St u-Pocxx x State"wY5/w7gthSt State\ Nwys GOPH��STATE O�ALL 1-800-262-1116 State ywy S �gth St w ww.gopherstateonecal L org 1^. Prepared by: Yv/?8th Steompass loa„r 10-002 0+00 HH � 410 * i c i \ 1"= NA 0+44 ENTRANCE TO BUILDING tar l i N Collector Ring ILEC Route Liquor Store#1 City o Parking Lot Eden Prairie,MN county Hennepin Liquor$tore#1 Filename L. _ Site uor Store al Main St Wagner Way I ) I ) v E'DE#10 Liq #1 i PRAI RI E Parking Lot O J Parking LotCC NVF•wllal•GttGL CI Parking Lot TRACKING ------ Parking Lot 0- slaked By: --- ( V Defied By: < ) ) `_ �� w JDE 8/14/13 ( I Butt By: i -ROW As-Suitt By: / ) MATERIAL LT Deacdption QuaISntity State H U-FOCXX X WYS/w]SthSt ___ ROW State Hwy 5/W 78th St GSOC GOPHER STATE ONE CALL 1-800-252-1.1n ecal I.org www.gopherstate Prepared by: Site Plan 4494 * 1"= 100' Leona Rd Collector Ring ILEC Route Liquor Store#2 City Eden Prairie,MN County Hennepin Filename Site#5 Liquor Store#2 r 0•. EOP to EOP 46' EOP to EOP 58' DEN CL to BOC 27' CL to BOC 32' CL to 5 FOS 30' CL to FOS 4' RAI RI E CL to OS 30' CL to OS ' H L} TRACKING Staked By: ID 0 QJ LDF 8/20113 CC U "—'c Dratted By: DE sr6/13 a)C `V� Built By: As-Built By: CL. 1 a MATERIAL LIST Description Quantity o + U-FOC 1020' ti POSSIBLE PIPE FROM N — 24x36 Vault 1 HERE TOO-MARK ROOM C o CITY WILL CHECK INTO THIS U—FOC 0 o _I _ 0+94 RL i/w h1, \__ _ --- L °'' °' w a) _L 1IO20 --- ' _ .SEE SUB SE BAD 1 w mr L.---- - -1........... 8th St © 0+00 HH I ILC-004-3 .SEE A1P0003G-1� COIL- I-_ ___ oo' IoUT#5528E ' eei Poa oat GSOC / V n 46ry GOPHER STATE ONE CALL ' ENV ee 1010005185 COIL- 1-800-252-1116 B BBt I. www.gopherstateonecalLorg 10 Ta Ogi' lieeitt Tn Prepared by: INN RB01# CCninP8 s ultants Inc PerPerham.4,sAom 5-001 * 1"= NA 11 Parking Lot coneaor RingILEC Route Liquor Store#2 CONTACT FACILITIES DEPT I City BEFORE BLDG ENTRANCE �i 2 Eden Prairie,MN 952-949-8432 county 2 Hennepin Filename Site#5 Liquor Store#2 Parking Lot i ,.."...._ ° �zz. DEN ENTRANCE NORTH i OF GAS METERS I ,RAI RI E / x I an•w0ar.01 GY I Liquor Store#2 I I / TRACKING I Staked By: I LDF 8/28/13 Parking Lot I DJDEdey 9/6/13 I C Built : �,, Q As-BuilByt By: I MATERIAL LIST I I 1 Description Quantity U-FOC 252' Parking Lot 21 24x36 Vault 1 1 1 1 ROW 1 ROW SHEET 5 001 _— SEE W 78th St GSOC _ — GOPHER STATE ONE CALL 1-800-252-1116 i www.gopheretateonecall.org — ROW ___---------\______ ---—— Prepared by: Coompassitt.tei.. -� ROW wNr-o Site Plan L �. �. a �/y 1"= 100' 11 Se Collector Collector Ring n�` Route //� �rD� Liquor Store#3 City / Eden Prairie,MN // l- County /// a*3 Hennepin / Filename // Site#9 Liquor Store#3 9-001-1 / EN/ t - // mil 'OUTS // r g.,. Baa� DEN oF,0// '` ♦ ♦ 0 'RAIRIE 0$o/ ♦ :n•wo.r.ON MI '/ ♦• TRACKING Q///��� ♦ Staked By: • ♦` EOP to BOOP 400' LDF 8/22/13 n`. • /♦ CL toFOS 46' Drafted By: y�VV / CLb BOS 54' JDE 9/10/13 �`�G\- y' ♦♦♦ Built By: e`\�a •♦♦ L As-Built By: ,k4k\ ♦♦♦ y� MATERIAL LIST Description Quantity ♦ L .y U-FOC 834' 2 • Z U—FOC ♦ ly • • GSOC GOPHER STATE ONE CALL �C� O ♦♦ 1-800-252-1116 ♦ www.gopherstateonecall.org Construction Notes: All underground Fiber placed in(2)1.25"Conduits t.4 �♦ Prepared by: Fiber Depth 42",unless specified All Handholes are 24x36x24,unless specified d,"°w- ♦ Ca�.m ♦♦ oompasso�tii. ♦ omo,eom SEE SHEET 9-002 9-001 SEE SHEET 9-001 • • 4 • mw ♦ 1"= 100' ♦ I Collector Ring ♦ Route 9-002-1 ,�y. Liquor Store#3 srx 1 4R ♦♦ Cary w. log 4x ♦ Eden Prairie,MN Reel* �'e ♦ county �, �a, Hennepin Filename No Site#9 Liquor Store 93 do DEN • '%' o 1 RAI RI E ��` 6) :vr•wO.r,g.Eno �% I j TRACKING U—FOC W Staked By: �` = LDF 8/22/13 .` u) Drafted By: CU ♦` �I JDE 9/10/13 W Built By: W ...,` vJ As-Built By: ```` i.. MATERIAL LIST •.. I � Description Quavery U-FOC 1832' 24x36 Vault 1 EOP to EOP 76' CL to BOC 40' CL to FOS 48' CL to BOS 54' • GSOC GOPHER STATE ONE CALL 1-800-252-1116 www.gopherstateonecell.org Construction Notes: All underground Fiber placed in(2)1.25"Conduits Prepared by: Fiber Depth 42",unless specified All Handholes are 24x36x24,unless specified CCORI BSS P�e tteee i.. 9-002 1"= 100' 11 Collector Ring Route Ii Liquor Store#3 City✓/i/ Eden Prairie,MN Coun Henne In (( p Filename Site#9 Liquor Store#3 DEN CN __ o 'IZAI RI .*� so.....ioso' H TRACKING W '�- W - W Staked By: _ '' ,� W LDF 8/22/13 Valley View Rd 8 = Da ed By: CD "' JDE 9/10/13 W © es* W Built By: W ill '' �� W As-Built By: �_ View Rd 'S Valley MATERIAL LIST N�� �— ------------- �,$, $ Description Quantity i U-FOC 1050' 24x36 Vault 1 _T---- \U_FOC .C17 s 9 r5 SD_ 9-003-1 ..% wr ENV IOW I''COIL_ Y✓ Reel Q 0 1.. a GSOC GOPHER STATE ONE CALL 1-800-252-1116 .� w.awgopherstateonecell.org U Construction Notes: X Prepared by: W All underground Fiber placed in(2)1.25"Conduits Fiber Depth 42",unless specified CCORIp eons BSS All Handholes are 24x36x24,unless specified Aram,ion. 9-003 1"= 100' 11 Collector Ring EOP to EOP 76' CL to BOC 40' CL to FOS 46' Route CL to BOS 54' Liquor Store#3 City Eden Prairie,MN qI County Hennepin Valley View Rd Filename Site#9 Liquor Store#3 ElValley View Rd 0+00 HH DEN -604-, PRAIRIE C. tl COIL- T_ x INN IoSne wF•woae.ON E4Y ReeIx u—Foc TRACKING LLI a ��mq. Staked By: L ii LDF 8/22/13 I L Drafted By: 0 Q Q A JDE 9/10/13 LL.I L Built By: ,W aL�-x , As-Built By: v, C a) 4) 0 MATERIAL LIST 0 Q) Description Quantity 'L —1 2+32 EOP U-FOC 294' I-"_ CO 24x36 Vault 2 fZ CL. ROAD BEHIND LIQUOR STORE LL SEE SITE PLAN 2+94 NHP • 9-004-2 M1Y 100'c NW 'OUT. ReON EOP to EOP 76' GSOC CL to BOC 40' CL to FOS 50' GOPHER STATE ONE CALL CL to BOS 56' 1-phers ate 116 nec www.gopherstateonecall.org Construction Notes: All underground Fiber placed in(2)1.25"Conduits Prepared by: Fiber Depth 42",unless specified All Handholes are 24x36x24,unless specified Ccompamit.nt,i.. 9-004 o Construction Notes: 0 I All underground Fiber placed in(2)1.25"Conduits tr I Fiber Depth 42",unless specified i All Handholes are 24x36x24,unless specified 1"= 100' I Collector Ring R O O p) Route Lu CONTACT FACILITIES DEPT Liquor Store#3 BEFORE BLDG ENTRY City LU 952-949-8432 Eden Prairie,MN County w z Hennepin J _ I Filename v.. v ko a II \ I I Site#9 Liquor Store#3 enc u- \ ii a.. r 424' 1 Parking Lot • n, 13� V\ "Illil'5 Parking Lot DEN E N : of it ,R' I ]IF "! i Parking Lot A` �•` S.... I I TRACKING QStaked By: LDF az8/1a : L, ENTRANCE WEST OF Draped By DOWN SPOUT JDE 9/10/13 CONDUIT AND LB Built By: C^, NO HIGHER THAN 3' W I As-Built By:U / MATERIAL LIST CD / Description Quantity "- S U-FOC 518' _c--,/ CO •^'� 24x36 Vault 1 I L I I I �_------j l 1 , , ,, :iiJ [-_ , o _ �iiG S c Parking Lot Liquor Store#3 R ST C \� Parking Lot GOPHER STATE ONE CALL 1-phers ate 116 nec 16 __, www.gopherstateonecall.org Prepared by: Ccompassotui. 1-:-.. , Site Plan CITY COUNCIL AGENDA DATE: SECTION: Consent September 17, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.H. Jay Lotthammer, Director, Contract for Insurance Reimbursement Parks and Recreation Program with American Specialty Health Fitness Requested Action Move to: Authorize an agreement with American Specialty Health Fitness (ASH) to allow qualifying individuals to use ASH insurance reimbursement program for payment of membership at the Community Center. Synopsis American Specialty Health Fitness is the administrator of the Silver and Fit program. Silver and Fit is an exercise and healthy aging program offered to individuals who have health insurance coverage under a qualifying plan with Medica or Blue Cross Blue Shield. Upon entering into this agreement, qualified individuals will be offered a no fee membership to the Eden Prairie Community Center. ASH will reimburse the Eden Prairie Community Center a flat fee of$28.00 per month,per qualified user, provided the individual visits the Community Center a minimum of one time. Background Since 2002, the Eden Prairie Community Center has offered the Silver Sneakers program, which is administered by Healthways and provides a no fee based membership access program. This membership access program has been very successful with over eight hundred participants. Effective January 1, 2014, Blue Cross Blue Shield and Medica, currently partnering with Healthways (SilverSneakers)will be assumed by ASH (Silver and Fit). This change will impact current participants enrolled with SilverSneakers via Healthways. ASH is planning to send a letter to qualified BCBS and Medica participants on October 1, 2013 to prepare them for the turnover in January 2014. City staff will work with current participants upon approval to ensure a smooth transition into the Silver and Fit program. Attachment American Specialty Health and Fitness Contract awti eggif AMERICAN SPECIALTY HEALTH FITNESS, INC. \Cr FITNESS FACILITY SERVICES AGREEMENT VO EDEN PRAIRIE COMMUNITY CENTER O se AV Ot ti°t° a► dir.0 Cr Qi Q NO '� Se' � o O � k.4 ft' is. 0 . r O National Fitness Facility Services Agreement Page 1 of 46 01/01/2014 Article 1 DEFINITIONS 6 1.01 Agreement 6 1.02 Annual Member Fee. 7 1.03 ASH Client 7 1.04 ASHLink. 7 1.05 Benefit Year. 7 1.06 Contracted Facility 7 1.07 Effective Date 7 1.08 Fitness Facility Fitness Advisor. 7 1.09 Fitness Facility Participating Location 7 1.10 Member(s) 7 1.11 Member Eligibility/Benefits 7 1.12 Member Payments 7 1.13 Member Renewal Report. 7 1.14 Member Termination Report 8 1.15 Non-Covered Services 8 1.16 Party(ies) 8 1.17 Program Compensation Rate 8 1.18 Services 8 1.19 Standard Fitness Facility Membership 8 1.20 Quality Management Program 8 1.21 Visit 8 Article 2 ASH FITNESS' RESPONSIBILITIES 8 2.01 Prepare and Maintain Program Manual 8 2.02 Distribution of Revised Agreement,Attachments,Amendments,and Program Manual 8 2.03 Records Management 8 2.04 Maintain Eligibility 9 2.05 Communication Regarding Participation of Fitness Facility 9 2.06 Deletion of Fitness Facility Participating Location from Network Directories 9 2.07 ASH Fitness'Payment to Fitness Facility 9 Article 3 FITNESS FACILITY'S RESPONSIBILITIES 9 3.01 Comply with Federal and State Law 9 3.02 Comply with Program Manual 9 3.03 Comply with Quality Management Program 9 3.04 Compliance with Medicare Requirements. 9 3.05 Immediate Notification by Fitness Facility of Certain Occurrences 9 3.06 Notification of Change in Any Information 10 3.07 Non-Interference with Property and Contract Rights 10 3.08 Election to Participate in all Product Offerings 10 3.09 Provision of Member Services 10 3.09.1 Standard Fitness Facility Membership. 10 3.09.2 Conversion of Pre-Established Membership. 10 3.09.3 Fitness Facility Fitness Advisor. 10 3.09.4 Offering of non-Covered Services and Notification to Members of Financial Responsibility for Member Payments for Non-Covered Services 11 3.09.5 Member Billing. 11 3.09.6 Non Discrimination 11 3.10 Verification of Member Eligibility and Services 11 3.11 Verification and Collection of Annual Member Fees(If Applicable) 11 3.12 Program Compensation 12 3.13 Billing Report Submission 12 3.14 Reimbursement Adjustments 12 3.15 Fitness Facility's Participating Locations 12 3.16 General Liability Insurance Limits 12 Article 4 CORRECTIVE ACTION PLANS 12 Article 5 TERM 13 Article 6 TERMINATION 13 National Fitness Facility Services Agreement Page 2 of 46 01/01/2014 6.01 Termination of This Agreement with Cause with Notice 13 6.02 ASH Fitness Immediate Termination of This Agreement for Cause with Notice 13 6.03 Fitness Facility Appeal of Termination 13 6.04 Effect of Termination 14 6.05 Survival of Certain Contractual Provisions after Termination 14 6.06 Fitness Facility Responsibility during Termination Notice Period 14 6.07 Fitness Facility Responsibilities after Termination of Program,Location or Agreement 14 Article 7 HOLD HARMLESS 14 Article 8 COMMUNICATION OF RELATIONSHIP WITH ASH FITNESS AND ASH CLIENTS 14 Article 9 RECORDS AND DATA COLLECTION 14 9.01 Maintenance of Records 14 9.02 Access to Facility and Records 15 9.03 Confidential Member Information 15 Article 10 PROPRIETARY INFORMATION 16 Article 11 TRADEMARKS 16 11.01 Use of Names and Marks. tiger 16 11.02 Identification of Marks and Form of Use. 16 11.03 Approval for Use of Marks. IWO 7 J11.04 Injunctive Relief. 17 Article 12 ASSIGNMENT AND CHANGE OF OWNERSHII3 17 Article 13 SUBCONTRACTS Cr 10, 17 Article 14 FORCE MAJEUREX 4 ke4r 17 Article 15 INDEPENDENT CONTRACTORS 17 Article 16 GOVERNING LAW 18 Article 17 SEVERABILITY 18 Article 18 DISPUTES BETWEEN FITNESS FACILITY AND MEMBERS 18 Article 19 DISPUTES BETWEEN FITNESS FACILITY AND ASH FITNESS 18 Article 20 DISPUTES BETWEEN FITNESS FACILITY AND ASH CLIENT 19 Article 21 NOTICES 19 Article 22 ATTORNEYS' FEES; COSTS 19 Article 23 CAPTIONS 19 Article 24 NO THIRD PARTY BENEFICIARIES 20 Article 25 AMENDMENTS 20 Article 26 INSOLVENCY OF ASH FITNESS; PROTECTION OF INTERESTS OF FITNESS FACILITY,MEMBERS,AND ASH CLIENTS 20 Article 27 ENTIRE AGREEMENT 20 Article 28 MINNESOTA DATA PRACTICES ACT 21 Article 29 EFFECTIVE DATE OF AGREEMENT 22 ATTACHMENT A -SILVER&FIT BASIC FACILITY ATTACHMENT 23 1.0 DEFINITIONS 23 1.01 Silver&Fit Program 23 1.02 Silver&Fit Basic Fitness Facility. 23 2.0 FITNESS FACILITY OBLIGATIONS 23 2.01 Guest Passes. 23 3.0 PROGRAM COMPENSATION 23 ATTACHMENT B—SILVER&FIT FULL FACILITY ATTACHMENT 24 National Fitness Facility Services Agreement Page 3 of 46 01/01/2014 1.0 DEFINITIONS 24 1.01 Designated Silver&Fit Exercise Classes. 24 1.02 Silver&Fit Program 24 1.03 Silver&Fit Full Fitness Facility. 24 1.04 Silver&Fit Program Manager 24 1.05 Quarterly Social Activities 24 2.0 FITNESS FACILITY OBLIGATIONS. 24 2.01 Silver&Fit Full Fitness Facility Levels 24 2.01.1 Level 1 Silver&Fit Full Fitness Facility. 24 2.01.2 Level 2 Silver&Fit Full Fitness Facility. 25 2.02 Designated Silver&Fit Exercise Classes. 25 2.03 Guest Passes. 25 2.04 Silver&Fit Exercise Classes Health and Safety Guidelines. 25 3.0 ASH FITNESS OBLIGATIONS. 25 3.01 FitnessEngagement.com. 25 3.02 Program Management. 25 3.03 Silver&Fit Directory. 25 4.0 PROGRAM COMPENSATION 25 4.01 Program Compensation. 25 4.02 Silver&Fit Exercise Class Designation Incentive. 26 ATTACHMENT B-EXHIBIT 1 SILVER&FIT FULL FACILITY-FITNESS FACILITY ELECTION 27 ATTACHMENT C-FITNESSCOACH ATTACHMENT 28 1.0 DEFINITIONS 28 1.01 FitnessCoach Program 28 1.02 Special Needs Members 28 1.03 FitnessCoach Fitness Facility. 28 1.04 Member Caregiver. 28 2.0 FITNESS FACILITY OBLIGATIONS 28 2.01 Guest Passes. 28 2.02 Member Caregiver Access. 28 3.0 PROGRAM COMPENSATION 28 ATTACHMENT D-ACTIVE&FIT ATTACHMENT 30 1.0 DEFINITIONS 30 1.01 Active&Fit Program 30 2.0 PROGRAM COMPENSATION 30 ATTACHMENT E-AFFINITY ATTACHMENT 31 1.0 DEFINITIONS 31 1.01 Affinity Program 31 1.02 Affinity Services 31 1.03 ExerciseRewards Program Network. 31 1.04 Member 31 2.0 FITNESS FACILITY'S RESPONSIBILITIES 31 2.01 Affinity Program 31 2.02 Conversion of Pre-Established Membership 31 2.03 Member Payments 31 2.04 One Week Trial Obligation 31 2.05 ExerciseRewards Program Network 31 3.0 CORE AGREEMENT MODIFICATION 32 3.01 Provisions not Applicable to this Attachment 32 4.0 DISCOUNTS 33 ATTACHMENT F-EXERCISEREWARDS PROGRAM MEMBER REIMBURSEMENT NETWORK ATTACHMENT 34 1.0 DEFINITIONS 34 1.01 ExerciseRewards Program Member Reimbursement Network 34 1.02 Member 34 1.03 Member Utilization Report 34 1.04 Program Services 34 National Fitness Facility Services Agreement Page 4 of 46 01/01/2014 2.0 FITNESS FACILITY'S RESPONSIBILITIES 34 2.01 ExerciseRewards Program Member Reimbursement Network. 34 2.02 Verification of Member Eligibility 34 2.03 Conversion of Pre-Established Membership. 34 2.05 Member Payments. 35 2.06 One Week Trial Obligation 35 3.0 CORE AGREEMENT MODIFICATION 35 3.01 Provisions not Applicable to this Attachment. 35 4.0 DISCOUNTS 35 ATTACHMENT G-ASH CLIENT LIST 36 ATTACHMENT H-PERSONAL TRAINER ATTACHMENT 37 1.0 DEFINITIONS 37 1.01 Amount 37 1.02 Personal Trainer Benefit Program 37 1.03 Personal Trainer Services 37 2.0 FITNESS FACILITY'S RESPONSIBILITIES 37 2.01 Provision of Personal Trainer Program 37 2.02 Personal Trainers 37 2.03 Personal Trainer Benefit Program 38 3.0 PROGRAM ELECTIONS AND COMPENSATION 38 ATTACHMENT H-EXHIBIT 1 PERSONAL TRAINER-ASH CLIENT LIST 39 ATTACHMENT I-HEALTH AND SAFETY GUIDELINES AND CODE OF CONDUCT 40 ATTACHMENT J-MEDICARE ADVANTAGE ADDENDUM 41 ATTACHMENT K-GUIDELINES FOR TRADEMARK USE BY THIRD PARTIES 44 ATTACHMENT L-PROGRAM COMPENSATION 45 ow V O � National Fitness Facility Services Agreement Page 5 of 46 01/01/2014 AMERICAN SPECIALTY HEALTH FITNESS,INC. FITNESS FACILITY SERVICES AGREEMENT THIS FITNESS FACILITY SERVICES AGREEMENT, ("this Agreement") is entered into between American Specialty Health Fitness, Inc., a Delaware corporation ("ASH Fitness"), and the fitness club whose name and other identifying information appear on the signature page herein ("Fitness Facility"). This Agreement will not become effective until both Fitness Facility and ASH Fitness have signed it. After Fitness Facility and ASH Fitness have both signed this Agreement, Fitness Facility will automatically become a Contracted Facility as of the Effective Date specified in Article 1 of this Agreement. This Agreement supersedes and replaces any prior Fitness Club Services Agreements entered into between ASH Fitness and Fitness Facility. AS1 .0 RECITALS O r♦O WHEREAS, insurers,trust funds, health care service plans,health maintenance organizations, employer groups and other groups (collectively referred to as "ASH Clients" and further defined below) have entered into arrangements with ASH Fitness for the provision of Services to their Members (as defined below in Section 1.10); WHEREAS,ASH Fitness wishes to arrange for and facilitate the provision of Services to Members; WHEREAS, Fitness Facility has all necessary licenses and authorizations to operate in its location(s) in the State(s) in which it operates and wishes to contract with ASH Fitness for the provision of Services to Members; NOW, THEREFORE,ASH Fitness and Fitness Facility agree as follows: ARTICLE 1 DEFINITIONS. it For purposes of this Agreement and in addition to the terms elsewhere defined herein, the following terms shall have the meanings indicated: 1.01 Agreement. Agreement is this Fitness Club Services Agreement between Fitness Facility and ASH Fitness, the attachments and exhibits listed below, the Program Manual and any amendments to such documents. +01 Attachment A: Silver&Fits Basic Facility Attachment Attachment B: Silver&Fit Full Facility Attachment Exhibit 1: Silver&Fit Full Fitness Facility Election Attachment C: FitnessCoach Attachment Attachment D: Active&Fits Attachment Attachment E: Affinity Attachment Attachment F: ExerciseRewards Program Member Reimbursement Network Attachment Attachment G: ASH Client List Attachment H: Personal Trainer Attachment Exhibit 1: Personal Trainer-ASH Client List Attachment I: Health and Safety Guidelines and Code of Conduct Attachment J: Medicare Addendum Attachment K: Guidelines for Trademark Use by Third Parties Attachment L: Program Compensation Attachment 1 Silver&Fit® and Active&Fit®are registered trademarks of American Specialty Health, Incorporated. All rights are hereby reserved. National Fitness Facility Services Agreement Page 6 of 46 01/01/2014 The attachments and exhibits listed above and the Program Manual are hereby incorporated by reference. However, Fitness Facility's obligations will be dependent upon its agreement to participate in the programs described in Attachment A through Attachment F and Attachment H as indicated on the signatory page of this Agreement. 1.02 Annual Member Fee. Annual Member Fee, if included as part of an ASH Client's member benefit plan as specified in Attachment G to this Agreement, is a fee the member is required to pay in order to access Services. The Annual Member Fee, if applicable, will be paid to Fitness Facility upon the Member's first visit to Fitness Facility each benefit year as that term is defined below in section 1.04. Annual Member Fee shall not be considered a Member Payment as defined in Section 1.12. 1.03 ASH Client. ASH Client is a health care service plan, health maintenance organization, insurer, employer group, trust fund, third party administrator, or other person or entity who contracts with ASH Fitness or an ASH Fitness' affiliate to arrange for the provision of Services to Members. 1.04 ASHLink. ASHLink is a proprietary software system developed by an ASH Fitness affiliate and utilized by ASH Fitness to support the secure and confidential electronic distribution of information with Fitness Facility via the Internet. ASHLink provides Fitness Facility and its staff the ability to verify Member eligibility for an applicable program, submit billing reports and to verify status of reimbursements of submitted billing reports. Additionally, Fitness Facility or its staff shall utilize ASHLink to access information relevant to this Agreement (i.e. Program Manual, renewal/termination reports, and Client Lists). i 10 1.05 Benefit Year. Benefit Year is the twelve(12)month period specified in Attachment G. 1.06 Contracted Facility. Contracted Facility is a fitness club or fitness clubs that has contracted with ASH Fitness. 1.07 Effective Date. The Effective Date is the date this Agreement becomes operative, as specified in Article lArticle 28 of this Agreement. 1.08 Fitness Facility Fitness Advisor. The Fitness Facility Fitness Advisor is an individual employed or contracted by Fitness Facility that will support Services, as that term is defined in Section 1.18,by acting as the primary contact on behalf of the Fitness Facility that Member will contact at the Fitness Facility Participating Location and fulfills the requirements detailed in Section 3.09.3. 1.09 Fitness Facility Participating Location. A Fitness Facility Participating Location is the Fitness Facility location where Services will actually be performed. For ease of reference, Fitness Facility and Fitness Facility Participating Location shall be used interchangeably for a Fitness Facility with only one participating location. 1.10 Member(s). Member(s) is/are individual(s) who is/are eligible to receive Services by meeting all the eligibility requirements for participation in a program. 1.11 Member Eligibility/Benefits. Member Eligibility/Benefits is information maintained by ASH Fitness or one of its affiliates pertaining to each Member regarding his or her eligibility, including initial date of eligibility,term of membership and benefits. 1.12 Member Payments. Member Payments are charges which are the direct financial responsibility of the Member and are paid directly to Fitness Facility for any service which is a Non-Covered Service under this Agreement. 1.13 Member Renewal Report. Member Renewal Report is a report compiled by ASH Fitness and posted on ASHLink which lists Members whose ASH Fitness benefit program requires the Member to pay an Annual Member Fee each Benefit Year and whose current Benefit Year is expiring and who will be entering into a new Benefit Year. Members listed on the Member Renewal Report must pay their Annual Member Fee for the new Benefit Year to the Fitness Facility in order to continue to receive ASH program services. National Fitness Facility Services Agreement Page 7 of 46 01/01/2014 1.14 Member Termination Report. Member Termination Report is a report compiled by ASH Fitness and posted on ASHLink which lists Members who have terminated their Membership at the Fitness Facility and/or are no longer eligible for participation under the program. Terminated Members shall be listed on the Member Termination Report for thirty(30)days from their termination date. 1.15 Non-Covered Services. Non-Covered Services are all services other than a Standard Fitness Facility Membership and any other program components as clearly laid out in each attachment and as applicable to the Member's benefit. All Non-Covered Services are ineligible for compensation by ASH Fitness and are the direct responsibility of the Member. 1.16 Party(ies). Party(ies)is/are the individual(s) or entity(ies)that execute this Agreement. 1.17 Program Compensation Rate. The Program Compensation Rate is the amount ASH Fitness will pay Fitness Facility for the Standard Fitness Facility Membership and Services for each Member who has signed a membership agreement with Fitness Facility. The Program Compensation Rate is set forth in Attachment L for each program that applies to this Agreement. 1.18 Services. Services are those collective services which fall under this Agreement and its Attachments A through Attachment F and Attachment H. 1.19 Standard Fitness Facility Membership. A Standard Fitness Facility Membership provides Member with at least the following services: access to a Fitness Facility Participating Location during normal facility hours of operation for the use of cardiovascular exercise equipment (e.g. treadmills, exercise bicycles, "elliptical machines", etc.), strength or resistance training equipment (e.g. selectorized equipment, free weights, etc.), and use of locker room and shower facilities. It also includes instructor-led classes (such as group fitness classes, Pilates, group cycling, yoga, etc.) which do not require a separate fee to be paid to Fitness Facility for an individual class or set of classes, but are routinely included for the general membership as part of the general monthly fee. The Standard Fitness Facility Membership does not include instructor-led classes, personal training and other amenities for which the Fitness Facility routinely charges a separate fee. AMii 1.20 Quality Management Program. The Quality Management Program is the set of policies, processes, procedures and standards established, determined and utilized by ASH Fitness under this Agreement to evaluate and determine whether a Contracted Facility has satisfied all ASH Fitness' Health and Safety Guidelines and Code of Conduct requirements adopted by ASH Fitness and to approve a Contracted Facility's participation in ASH Fitness and/or ASH Client's networks. 1.21 Visit. Unless otherwise specified in a program attachment, a Visit is where a Member utilizes the Fitness Facility Participating Location for exercise. ARTICLE 2 ASH FITNESS'RESPONSIBILITIES. 2.01 Prepare and Maintain Program Manual. ASH Fitness shall prepare and maintain a program manual setting forth ASH Fitness' policies, processes, standards and procedures regarding Fitness Facility's participation in any ASH Fitness' fitness network("Program Manual"). 2.02 Distribution of Revised Agreement, Attachments, Amendments, and Program Manual. ASH Fitness shall prepare and distribute any updated Agreements, attachments and exhibits, Member Termination Reports, Member Renewal Reports,ASH Client Lists, amendments and/or Program Manual, which may be revised by ASH Fitness in accordance with Article 25 of this Agreement. ASH Fitness may distribute all materials directly to Fitness Facility and to each Fitness Facility Participating Location, where such information pertains to the Fitness Facility Participating Location. 2.03 Records Management. ASH Fitness and its affiliates shall develop, update and maintain policies and procedures that comply with applicable statutory and regulatory requirements for the secure and confidential storage, retention, retrieval and destruction of all records pertaining to its business operations, whether these records are in paper or electronic form. National Fitness Facility Services Agreement Page 8 of 46 01/01/2014 2.04 Maintain Eligibility. ASH Fitness or its affiliates shall provide Fitness Facility with services related to Member Eligibility verification for Services to be provided by Fitness Facility. ASH Fitness makes no representation or guarantees concerning the number of Members, if any, that will access Fitness Facility under this Agreement. 2.05 Communication Regarding Participation of Fitness Facility. ASH Fitness and its affiliates shall communicate the participation of Fitness Facility in ASH Fitness or its affiliates' programs to existing and prospective ASH Clients in various forms, including but not limited to ASH Fitness or ASH Client network directories and the applicable websites accessed by Members. Such communication may include information such as the location's name, address, telephone number, available services and hours of operation. ASH Fitness shall assist Members to select a Contracted Facility under the Member's program. In addition,ASH Fitness shall,within sixty(60) days of the effective date of a location,notify ASH Clients of the addition of a Fitness Facility Participating Location where that location may perform Services for ASH Client. 2.06 Deletion of Fitness Facility Participating Location from Network Directories. ASH Fitness will notify all ASH Clients, no later than thirty (30) days after the effective date of Fitness Facility Participating Location's resignation or termination of this Agreement, or of the need to delete the location's information from network directories and/or other such sources of Fitness Facility information. 2.07 ASH Fitness' Payment to Fitness Facility. ASH Fitness shall compensate Fitness Facility in accordance with the Program Compensation Rates specified in Attachment L under which Fitness Facility is participating within thirty (30) days of receipt of a billing report for Services provided to Members. For billing reports listing a Member for whom an Annual Member Fee applies, ASH Fitness shall deduct the amount of any Annual Member Fees from the compensation due to Fitness Facility until such time the entire Annual Member Fee has been collected. vow ARTICLE 3 FITNESS FACILITY'S RESPONSIBILITI ' 3.01 Comply with Federal and State Law. Fitness Facility shall maintain and demonstrate upon request by ASH Fitness that Fitness Facility has appropriate business licenses for its operations at each of the Fitness Facility Participating Locations and meets all federal and state regulations applicable to such operations. 3.02 Comply with Program Manual. Fitness Facility shall comply fully with the Program Manual as described in Section 2.01.,M&` 3.03 Comply with Quality Management Program. Fitness Facility shall comply with the Quality Management Program and shall cooperate with ASH Fitness in ASH Fitness' administration of its grievance procedures, including procedures to resolve complaints or grievances filed by Members with ASH Fitness as they pertain to Fitness Facility and its responsibilities under this Agreement. 3.04 Compliance with Medicare Requirements. Where Fitness Facility is providing Services to Members enrolled in an ASH Client's Medicare Advantage plan, Fitness Facility shall comply with the provisions outlined in Attachment J to this Agreement. 3.05 Immediate Notification by Fitness Facility of Certain Occurrences. Fitness Facility shall notify ASH Fitness in writing by overnight mail service, email, facsimile or other means of notification made available to Fitness Facility by ASH Fitness within forty-eight(48)hours of the occurrence of: i)the commencement of any voluntary or involuntary bankruptcy proceedings by or against Fitness Facility or any similar proceedings; ii) any lapse of general and/or professional liability insurance maintained by Fitness Facility; iii) the filing of criminal charges by a District Attorney, the State Attorney General or any other government official or agency against Fitness Facility's owners, directors, management or staff directly interact with Members (this includes personal trainers contracted or employed with Fitness Facility if the Fitness Facility is participating in the Personal trainer Benefit as set forth in Attachment H); and iv) a change in Fitness Facility's ownership and/or management. National Fitness Facility Services Agreement Page 9 of 46 01/01/2014 3.06 Notification of Change in Any Information. Fitness Facility shall notify ASH Fitness at least sixty (60) days prior to any change in Fitness Facility or Fitness Facility Participating Location's physical address, Fitness Facility or Fitness Facility Participating Location's mailing address, telephone number, email address, office hours, taxpayer identification number, or any other information listed in the Network Application. Where sixty(60) days prior notice is not possible, Fitness Facility shall notify ASH Fitness as soon as possible of such changes. 3.07 Non-Interference with Property and Contract Rights. During the term of this Agreement and for one (1) year following the date of its termination, Fitness Facility agrees that Fitness Facility shall not interfere with ASH Fitness or an ASH Fitness affiliate's property or contract rights with any ASH Client or Member. This includes, but is not limited to, advising any Member to dis-enroll from any Services, advising any party who has contracted with ASH Fitness or an ASH Fitness Affiliate to terminate, cancel or decline renewal of its contract, and/or solicit any Member to enroll for the provision of similar services offered by any other firm administering fitness benefit programs, health care service plan, health maintenance organization,health insurer,preferred provider organization or any other similar organization. If Fitness Facility violates this Section, Fitness Facility acknowledges that it will be responsible for paying any and all actual damages incurred by ASH Fitness or any ASH Client as a result of that violation and may be liable for other costs, expenses, damages, claims or liabilities; and, if money damages are insufficient to compensate ASH Fitness or ASH Client for the violation of this Section, Fitness Facility may be subject to an injunction prohibiting the activity which constitutes a violation of this Section and/or other equitable relief. Nothing in this Section shall affect any of ASH Fitness' other rights under this Agreement, at law or in equity. Nothing in this Section shall prohibit Fitness Facility from maintaining a direct relationship with Member that is no longer enrolled in a program with ASH Fitness or its affiliates due to Member dis-enrollment or termination of this Agreement. 3.08 Election to Participate in all Product Offerings. Fitness Facility may elect to participate in any program specified in Attachment A through Attachment F and Attachment H and indicates in Article 28 which programs it wishes to participate in. Fitness Facility is not obligated to participate in all programs but must participate in at least one program at all times while this Agreement is in effect. Where there is no clear indication of participation, ASH Fitness will deem Fitness Facility as participating in all programs. Any time after the Effective Date of the Agreement Fitness Facility may choose to expand the programs it participates in. However, after the Effective Date Fitness Facility may only terminate participation in a specific program,pursuant to Article 6. 3.09 Provision of Member Services. Fitness Facility has the following responsibilities: 3.09.1 Standard Fitness Facility Membership. Fitness Facility shall provide Member's with a Standard Fitness Facility Membership and any other services as required by the applicable program attachments. The Standard Fitness Facility Membership shall include, at no cost to the Member, an orientation session to familiarize Members with the Fitness Facility and its equipment. 3.09.2 Conversion of Pre-Established Membership. Fitness Facility agrees to assist any Member that has a previously established membership with Fitness Facility and the Member becomes eligible for a program under this Agreement. Fitness Facility will freeze the Member's previously established fitness facility membership without any penalty or termination of the membership and accept the Program Compensation rate as payment in full for the Standard Fitness Facility Membership on behalf of the Member while they are eligible for ASH Program Services. Where a Member is no longer eligible for ASH Program Services, Fitness Facility shall re-activate the Member's frozen membership subject to the original terms and conditions of the previously established membership. Fitness Facility shall not charge Member any activation fees or penalties for the re-activation and such membership shall be reinstated for the period of time that was remaining on the membership at the time it was frozen. 3.09.3 Fitness Facility Fitness Advisor. Fitness Facility agrees to support Services by training one or more Fitness Facility employee(s) as a Fitness Facility Advisor during normal business hours to National Fitness Facility Services Agreement Page 10 of 46 01/01/2014 support Member questions and enrollment into the applicable Services as described in this Agreement and its Attachments. 3.09.4 Offering of non-Covered Services and Notification to Members of Financial Responsibility for Member Payments for Non-Covered Services. Fitness Facility May upgrade or sell Members additional products or services not covered under this Agreement or any applicable program attachment but only if Fitness Facility informs Members in advance and in writing that such products and services are Non-Covered Services and are the Member's financial responsibility. Fitness Facility shall collect appropriate Member Payments as that term is defined in Section 1.12, at the time of service and shall bill Members according to the procedures described in the Program Manual. Where a Member upgrades their Standard Fitness Facility Membership, Fitness Facility agrees that the upgraded membership will be equal to or less than the pricing offered to the general public ("Upgraded Membership Price") and the cost to the Member shall be the Upgraded Membership Price minus the Fitness Facility's standard fee for a basic membership (this is not the Program Compensation Rate but the standard fee charged by the Fitness Facility). Fitness Facility agrees to refund any amounts paid by a Member that the Fitness Facility collects in a manner not consistent with this Section. 3.09.5 Member Billing. Nothing in this Agreement shall preclude Fitness Facility from charging Member for Services rendered, where Member is determined to not be eligible, including retroactive determinations, for a program under this Agreement and where Fitness Facility complied with Section 3.10. Any such charges shall be consistent with Fitness Facility's lowest standard membership dues. In addition, as Section 3.09.4 details, Fitness Facility may charge a Member for Non-Covered Services where Member has been informed, in writing, prior to the provision of the Non-Covered Services. . "el 3.09.6 Non Discrimination. Fitness Facility shall not illegally discriminate against Member for any reason, including but not limited to race, ethnicity, national origin, religion, gender, age, mental or physical disability, health status, payment experience, medical history, genetic information, evidence of insurability or geographic location within the service area or source or amount of compensation. Fitness Facility shall offer Services to a Member covered by ASH Fitness or one of its affiliates in the same manner, in accordance with the same standards, and within the same time availability as services offered to members who are not covered by ASH Fitness or its affiliates. 3.10 Verification of Member Eligibility and Services. Unless otherwise specified in a program attachment, Fitness Facility shall verify Member Eligibility and applicable Services with ASH Fitness at the time of a Member's first attempt to utilize Fitness Facility Participating Location within a Benefit Year. Fitness Facility shall verify that Member's health plan is on the ASH Client list as participating in the applicable program as well as verify Member Eligibility in the applicable Services by requesting Member to show their current program identification card, or the Member's health plan identification card if the Member does not have their program identification card, and by verifying the Member's eligibility with ASH Fitness. Fitness Facility may contact ASH Fitness via ASHLink or call customer service to verify eligibility. Member's program identification card or health plan identification card is not a guarantee of current eligibility and Fitness Facility must verify the Member's eligibility with ASH Fitness upon the Member's first visit to the Fitness Facility Participating Location. 3.11 Verification and Collection of Annual Member Fees (If Applicable). If a Member's benefit plan includes an Annual Member Fee (see Attachment G), at the time of a Member's first attempt to utilize a Fitness Facility Participating Location within a Benefit Year, Fitness Facility shall verify with ASH Fitness whether Member has paid, the required Annual Member Fee for the current Benefit Year. If the Member has not done so,then Fitness Facility shall collect the Annual Member Fee from the Member and retain that amount pending submission of billing reports including the Member. Such amounts will be deducted from Program Compensation until the Annual Member Fee has been fully credited. Fitness Facility shall only collect Annual Member Fees, if required under a Member's benefit plan, once at the Member's initial visit within the Benefit Year and only after verifying with ASH Fitness that the Member still owes the fee for the current Benefit Year. ASH Fitness shall send Fitness Facility the Member Renewal Report within thirty National Fitness Facility Services Agreement Page 11 of 46 01/01/2014 (30) days of a member's Benefit Year expiring. If a Member is on the Member Renewal Report, Fitness Facility shall collect the applicable Annual Member Fee upon the Member's first visit of the Member's new Benefit Year. Members will remain on the Member Renewal Report for sixty(60)days. 3.12 Program Compensation. Fitness Facility shall accept Program Compensation Rates, as specified in Attachment L as payment in full for the Services provided pursuant to this Agreement. Except for any applicable Annual Member Fees a Member must pay for Services, Fitness Facility shall not charge the Member an initiation fee, enrollment fees, processing fee, monthly membership fees and/or any other administrative fees for the Standard Fitness Facility Membership. Fitness Facility shall be responsible for any and all sales,use or other taxes which may be imposed on the compensation paid to Fitness Facility by ASH Fitness or an Annual Member Fee which is collected from a Member. 3.13 Billing Report Submission. Unless otherwise specified in a program attachment, Fitness Facility will submit a billing report each month and shall provide supporting information to ASH Fitness that identifies each Visit at a Fitness Facility Participating Location, the Member name, Member's identification number listed on the Member's program identification card or health plan identification card, Member month and day of birth, health plan name and the dates of the Visit. Such information may be submitted through ASHLink, electronically or in paper claim formats, that are mutually agreed upon by the Parties. Fitness Facility must submit billing reports in chronological order (i.e. January's billing report must be submitted prior to February's billing report). Billing reports submitted out of order will be denied. Billing reports received over one hundred eighty (180) days after the date of service will not be approved for payment due to late submission. Fitness Facility shall waive all charges against Member, ASH Fitness and/or ASH Client related to a billing report received by ASH Fitness more than one-hundred eighty (180) days after the date of service. 3.14 Reimbursement Adjustments. ASH Fitness may be required to make an adjustment to a reimbursement previously paid by ASH Fitness in order to correct an over or under payment as a result of(1) corrected information received by ASH Fitness, or (2) incorrect determination of benefit or (3) an incorrect calculation of payment amounts. The process for any reimbursement adjustment shall be set forth in the Program Manual. 3.15 Fitness Facility's Participating Locations. Where Fitness Facility has more than one facility operating under the terms of this Agreement, Fitness Facility shall have additional obligations, including but not limited to: Agreement notification, informing participating locations, and members' use of multiple locations. These additional obligations shall be described in the Program Manual. Fitness Facility shall require each Fitness Facility Participating Location to comply with the requirements of this Agreement and any applicable state or federal law or regulations, including but not limited to, the federal False Claims Act (31 U.S.C. §§ 3729-3733). Any incidents of non-compliance should be reported immediately to ASH Fitness upon discovery. 3.16 General Liability Insurance Limits. Fitness Facility shall maintain professional liability insurance, comprehensive general liability insurance and any other insurance policies, including but not limited to Workers' Compensation, in accordance with ASH Fitness' liability insurance requirements and of standard form in the applicable state. Fitness Facility shall notify ASH Fitness within five (5) days of any material change to any or all insurance policies. This insurance requirement will be required for each of the Fitness Facility Participating Locations. Fitness Facility shall maintain general and professional liability insurance in the amount of one million dollars ($1,000,000) per claim and one million dollars ($1,000,000) in the aggregate per year for each Fitness Facility Participating Location. ARTICLE 4 CORRECTIVE ACTION PLANS Corrective Action Plans. ASH Fitness shall have the ability to evaluate Fitness Facility's participation and performance in accordance with the terms of this Agreement and fitness industry business practices. If ASH Fitness finds that Fitness Facility is not performing in accordance with the terms of this agreement, ASH Fitness may issue a Corrective Action Plan (CAP) to Fitness Facility. ASH Fitness will deliver all CAPs in writing to Fitness Facility. Fitness Facility agrees to comply with ASH Fitness' CAPs within the timelines specified and to National Fitness Facility Services Agreement Page 12 of 46 01/01/2014 respond to the CAP in writing or as otherwise requested. Fitness Facility may submit information to ASH Fitness in response to the CAP which explains Fitness Facility's position including, but not limited to, any information demonstrating that Fitness Facility is in compliance with the Agreement or Program Manual. Fitness Facility acknowledges that a frequent or repeated lack of compliance with a program requirement may be considered a pattern of performance that is unacceptable to ASH Fitness and may consider this a material breach of the Agreement giving rise to the right to terminate the Agreement for cause pursuant to Section 6.02. ARTICLE 5 TERM. The initial term of this Agreement shall be from the Effective Date specified in Article 1Article 28 of this Agreement through and including December 31st of the current year subject to the termination provisions set forth in Article 6. After the initial term, this Agreement shall automatically renew for one (1) year on each successive January 1St, unless a) either Party provides the other Party with written notice at least ninety (90) days prior to the renewal date of its intention not to renew this Agreement, or b) prior to such renewal, the Agreement is terminated pursuant to Article 6. it V ARTICLE 6 TERMINATION. 4Ik,`� 6.01 Termination of This Agreement with Cause with Notice. Notwithstanding any other provision in this Agreement, either Party may terminate this Agreement with cause for the other Party's breach of any material term, covenant or condition and subsequent failure to cure such breach. The Party asserting cause for termination of this Agreement ("Terminating Party") shall provide written notice of termination to the other Party ("Receiving Party"). The notice of termination shall specify the breach or deficiency underlying the cause for termination. Receiving Party shall have thirty (30) calendar days from the receipt of such notice to cure the breach or deficiency to the satisfaction of the Terminating Party. If Receiving Party fails to cure the breach or deficiency, this Agreement shall terminate upon written notice from the Terminating Party. The termination date shall be the date the Receiving Party receives such notice or such other date as may be specified in the notice. 6.02 ASH Fitness Immediate Termination of This Agreement for Cause with Notice. ASH Fitness may terminate this Agreement, or a Fitness Facility Participating Location(s) participation, immediately upon written notice by ASH Fitness to Fitness Facility upon any of the following occurrences: a) A determination that services rendered to a Member by Fitness Facility in conjunction with this Agreement do not meet the recognized fitness industry standards adopted by ASH Fitness and/or potentially place a Member at risk; b) Any material misrepresentation, falsification or failure to provide accurate information to ASH Fitness, ASH Client, or a Member by Fitness Facility or Fitness Facility's staff, agent or representative in connection with this Agreement; c) The filing and/or conviction of any criminal charges against Fitness Facility's directors, officers, owners or employees by the District Attorney, the State Attorney General, or any other federal or state government agency; d) The termination of any contractual relationship other than this Agreement between Fitness Facility and ASH Fitness, or an ASH Fitness' affiliate; e) Fitness Facility is not participating in at least one program pursuant to this Agreement; f) Fitness Facility has no Fitness Facility Participating Locations; or g) Any occurrence or condition which materially impairs the ability of Fitness Facility or a Fitness Facility Participating Location to perform responsibilities under this Agreement. 6.03 Fitness Facility Appeal of Termination. Fitness Facility may appeal ASH Fitness' termination for cause by providing a written request to ASH Fitness within thirty (30) days from the date of the termination notice by ASH Fitness. Such appeal rights may occur before and/or after the effective date of termination. If a termination appeal results in a reinstatement, ASH Fitness may provide Fitness Facility with a new Effective Date for this Agreement National Fitness Facility Services Agreement Page 13 of 46 01/01/2014 6.04 Effect of Termination. Except as otherwise provided herein, this Agreement shall be of no further force or effect following the date of termination, except that each Party shall remain liable for any obligations or liabilities arising from the activities carried on by it hereunder prior to the date of termination. 6.05 Survival of Certain Contractual Provisions after Termination. Notwithstanding any other provision of this Agreement, the following provisions of this Agreement shall survive any termination of this Agreement: Sections 2.02, 2.04, 3.01, 3.07, 3.09.2, 6.04, 6.05, and 6.06, in addition to,Article 7,Article 8, Article 9,Article 10,Article 15,Article 16,Article 18,Article 19, and Article 20. A 6.06 Fitness Facility Responsibility during Termination Notice Period. Where Fitness Facility or ASH Fitness provides notice of non-renewal pursuant to Article 5 or termination pursuant to Section 6.01 Fitness Facility shall continue to provide Services pursuant to this Agreement up to and including the effective date of termination or non-renewal. AX° 6.07 Fitness Facility Responsibilities after Termination of Program, Location or Agreement. Fitness Facility understands that materials such as network directories provided to Members by ASH Fitness or ASH Clients may continue to reflect that a location is participating in the ASH Fitness and/or ASH Client's network for some period of time following the termination of a location's participation. Therefore,to avoid Member confusion regarding the location's status with ASH Fitness, regardless of which Party terminates this Agreement or a location's participation, Fitness Facility shall inform any Member who seeks Services that the location is no longer contracted with ASH Fitness. If a Member wishes to continue to receive services from Fitness Facility the process for continuing their membership is set forth in the Program Manual. %IP i ARTICLE 7 HOLD HARMLESS. 4.OI� To the extent not covered by insurance, Fitness Facility shall be solely responsible for and shall hold ASH Fitness free and harmless from any claims, losses, damages, liabilities, costs, expenses, attorneys' fees and costs or obligations arising from or relating to any act or omission of Fitness Facility, Fitness Facility's agents, partners, associates, employees or representatives in providing or failing to provide Services in conjunction with this Agreement to Members or arising from or relating to any act or responsibility of Fitness Club. To the extent not covered by insurance, ASH Fitness shall be solely responsible for and shall hold Fitness Facility free and harmless from any claims, losses, damages, liabilities, costs, expenses, attorneys' fees and costs or obligations arising from or relating to any act or omission of ASH Fitness, its agents, employees or representatives in connection with ASH Fitness' responsibilities under this Agreement. ARTICLE 8 COMMUNICATION OF RELATIONSHIP WITH ASH FITNESS AND ASH CLIENTS. Fitness Facility shall not initiate any written communication, solicitation or advertisement of any type referencing the relationship with ASH Fitness and/or ASH Client without the prior written approval of the communication by ASH Fitness. This includes, but is not limited to, Internet web pages, newspapers, yellow pages, billboards, mass mailings, telemarketing, location posters or business cards. Only where ASH Fitness reviews and gives prior written approval may Fitness Facility display and/or distribute materials to promote programs associated with this Agreement. ARTICLE 9 RECORDS AND DATA COLLECTION. 9.01 Maintenance of Records. Fitness Facility shall maintain and provide ASH Fitness, and upon the request of ASH Clients, U.S. Depaitiiient of Health and Human Services, U.S. Department of Justice, Office of Inspector General, Center for Medicare and Medicaid Services and/or other federal and state agencies,with all records relating to Services provided to each Member by Fitness Facility, in such form and containing such information as is required by applicable federal and state law, and such other information as ASH Fitness, ASH Clients, or other such agencies may require. For Members enrolled in an ASH Client's Medicare Advantage plan, records shall be retained in accordance with Section 8 of Attachment J. For all other Members, such records shall be retained by Fitness Facility the greater of seven years or in accordance with applicable state laws. National Fitness Facility Services Agreement Page 14 of 46 01/01/2014 9.02 Access to Facility and Records. Fitness Facility shall provide access to ASH Fitness, at reasonable times upon request by ASH Fitness ASH Client, and/or regulatory agencies with oversight of ASH Fitness or ASH Client operations, to monitor program compliance and inspect Fitness Facility's facilities, equipment, books,papers, and records relating to Fitness Facility's performance under this Agreement. 9.03 Confidential Member Information. 9.03.1 ASH Fitness and its affiliates shall protect access to, and distribution of, information and/or records that are subject to regulatory requirements for protection of member information and privacy including, but not limited to protection for non-public personal health information. Therefore, ASH Fitness and Fitness Facility shall abide by all Federal and State laws and regulations, including the Health Insurance Portability and Accountability Act (HIPAA) of 1996, regarding privacy, security and disclosure of Member personal information. Fitness Facility agrees to maintain records and other information with respect to Members in an accurate and timely manner, to provide timely access by Members to the records and information that pertain to them and to safeguard the privacy of any information that can be used to identify a particular Member, including but not limited to the Member's health plan name or health plan identification number ("Personal Information"). Fitness Facility shall limit uses and disclosures of Personal Information obtained in connection with this Agreement(including any information received from ASH Fitness or through ASHLink) solely for payment and related operational purposes permitted or required by this Agreement or as required by law. Fitness Facility shall only use such Personal Information only to the extent minimally necessary to satisfy those obligations. Any other use of Personal Information obtained in connection with this Agreement is strictly prohibited unless required by law or as otherwise permitted in writing by ASH Fitness. This specifically includes using Member's Personal Information obtained or created in fulfillment of obligations under this Agreement for marketing and fundraising purposes. Fitness Facility shall not directly or indirectly receive remuneration in exchange for any Personal Information of a Member obtained or created pursuant to fulfillment of obligations under this Agreement. 9.03.2 Upon discovering an incident where the Personal Information of a Member could have been acquired, used or disclosed in a manner not permitted under this Agreement, including situations where such Personal Information could have been viewed by persons other than Fitness Facility employees authorized by the Fitness Facility to perform duties under this Agreement, Fitness Facility shall immediately, but in no case later than one business day, report the incident to ASH Fitness' Privacy Office. Fitness Facility will expediently supply all information reasonably requested by ASH Fitness regarding the investigation of suspected privacy incidents referenced above. 9.03.3 Fitness Facility shall advise members of its workforce of their obligations to protect and safeguard Members' Personal Information obtained or created in the fulfillment of Fitness Facility's obligations under this Agreement. Fitness Facility will develop, implement, maintain and use appropriate administrative, technical and physical safeguards, in compliance with Social Security Act §1173(d), 45 C.F.R. §164.530(c)(1) and any other implementing regulations issued by the U.S. Department of Health and Human Services, to preserve the integrity and confidentiality of and to prevent non-permitted or violating use or disclosure of Member's Personal Information. 9.03.4 Club shall notify ASH Fitness Privacy Office immediately of any requests for restrictions on uses and disclosure of Personal Information by a Member. 9.03.5 ASH Fitness is the exclusive owner of Personal Information generated or used by Fitness Facility for fulfillment of its obligations under the terms of this Agreement. 9.03.6 Fitness Facility will indemnify and hold harmless ASH Fitness, its officers, directors, employees or agents from and against any claim, cause of action, liability, damage, cost or expense, including attorneys' fees and costs and court or proceeding costs, arising out of or in connection with any National Fitness Facility Services Agreement Page 15 of 46 01/01/2014 non-permitted or violating use or disclosure of Members' Personal Information by Fitness Facility or any subcontractor, agent,person or entity under Fitness Facility's control. 9.03.7 Upon termination, cancellation, expiration or other conclusion of the services provided by Fitness Facility, Fitness Facility will if feasible, return to ASH Fitness or destroy all Confidential Member Information in whatever form or medium including any electronic medium under Fitness Facility's custody or control that Fitness Facility created or received for or from ASH Fitness. Fitness Facility will complete such return or destruction as promptly as possible, but no later than thirty (30) days after the effective date of the termination, cancellation, expiration or other conclusion of the services provided by Fitness Facility. If return or destruction of Confidential Member Information is infeasible, Fitness Facility will extend the protections of this Article 9 to such information and limit its further use or disclosure to those purposes that make return or destruction of Confidential Member Information infeasible. � r 9.03.8 Notices to the ASH Fitness Privacy Office may be sent by overnight mail, first class mail, fax, email or hand delivery to: Olik IAit American Specialty Health Fitness,Inc. V Attn: Privacy Officer 10221 Wateridge CircleAaA1/ San Diego, CA 92121 E-mail: HIPAA@ashn.c Tel: (800) 848-3555 Fax: (858)237-3839 to 1k0k ARTICLE 10 PROPRIETARY INFORMATION. 1‘ All information, documents, software and other materials of any sort furnished to Fitness Facility by ASH Fitness including, without limitation, the Program Manual, any Client Lists, and any copyrighted or trademarked materials, shall be the property of ASH Fitness. Such proprietary information is only to be used by Fitness Facility in connection with the performance of Fitness Facility's obligations under this Agreement and only in the manner provided for in this Agreement. Fitness Facility shall not disclose or use any proprietary information or trade secrets for Fitness Facility's own benefit during the term of this Agreement or after termination of this Agreement, except as authorized in writing by ASH Fitness. Fitness Facility shall have no ownership rights in said proprietary information including,but not limited to, copying,use or distribution of said proprietary information. Upon termination of this Agreement, Fitness Facility shall return to ASH Fitness all proprietary information in Fitness Facility's possession, if requested, and in a manner to be specified by ASH Fitness. Fitness Facility shall cooperate with ASH Fitness in maintaining the confidentiality of such proprietary information at all times during and after termination of this Agreement. ARTICLE 11 TRADEMARKS 11.01 Use of Names and Marks. This Agreement does not grant Fitness Facility a license or sublicense, except as provided in this Article 11, to use the names, trademarks, service marks, corporate names, trade names, domain names, or logos owned by ASH Fitness or its parent company American Specialty Health Incorporated ("ASH Marks"). During the term of this Agreement Fitness Facility may use ASH Fitness' name or ASH Marks solely in connection with identifying the relationship as contemplated in this Agreement or as specified in Section 11.02 below. Any other use of ASH Marks is subject to the prior review and written approval of ASH Fitness. 11.02 Identification of Marks and Form of Use. Subject to the terms of this section, ASH Fitness grants Fitness Facility a non-exclusive, non-transferable, royalty-free license to use the trademarks Silver&Fit®, Silver&Fit Affinity®, Active&Fit®, and/or ExerciseRewardsTM on its web sites and print media for the promotion of Fitness Facility's participation in the applicable programs for which Fitness Facility is a Contracted Facility. Fitness Facility shall be allowed to use the ASH Marks as described above, as long as such use complies with this Article and the "Guidelines for Trademark Use by National Fitness Facility Services Agreement Page 16 of 46 01/01/2014 Third Parties" issued by ASH Fitness from time to time, a current version of which is attached hereto as Attachment K. In addition, Fitness Facility shall mark the ASH Marks with the symbol "TM" or "®" as appropriate, and include the following trademark attribution in reasonably close proximity to the first use of the ASH Marks in any document or on a screen display, or in a location to which users are directed for statements concerning the Fitness Facility's ownership of intellectual property rights. "Silver&Fit®, Silver&Fit Affinity®, Active&Fit® and/or ExerciseRewardsTM are trademarks of American Specialty Health Incorporated and are licensed by Fitness Facility for use herein." Fitness Facility shall not alter the ASH Marks in any way, including but not limited to, skewing, changing the color,rotating, separating logo elements or changing the typeface. 11.03 Approval for Use of Marks. Approval in Section 11.02 above shall be deemed automatically withdrawn upon the effective date of expiration or termination of this Agreement, unless sooner withdrawn by written notice from ASH Fitness. 11.04 Injunctive Relief. The Parties agree that a breach of the terms and conditions of this Article shall cause immediate and irreparable harm. Therefore, in addition to any other rights or remedies available at law or in equity, ASH Fitness is entitled to seek injunctive relief to restrain or enjoin the breach, without any requirement of bond or security. ARTICLE 12 ASSIGNMENT AND CHANGE OF OWNERSHIP. Atie ASH Fitness may, in its discretion, assign all or a portion of its rights or responsibilities under this Agreement to any party at any time without approval of Fitness Facility. All provisions of this Agreement and obligations arising hereunder shall extend to and be binding upon the Parties hereto and their respective successors and assignees and shall inure to the benefit, and be enforceable by the Parties hereto and their respective legal representatives, successors and assignees. ARTICLE 13 SUBCONTRACTS Fitness Facility shall not subcontract any of its obligations under this Agreement to any third party without the prior written approval of ASH Fitness,which may be withheld or withdrawn in its sole discretion. Where ASH Fitness allows Fitness Facility to subcontract any of its obligations to another party,Fitness Facility shall remain ultimately responsible to ASH Fitness for the Services performed hereunder. ARTICLE 14 FORCE MAJEURE. In the event that Fitness Facility's operations are substantially interrupted by acts of war, fire, insurrection, labor disputes, riots, earthquakes or any other acts of nature, Fitness Facility shall be relieved of Fitness Facility's obligations as to those affected operations for the duration of such interruption. In the event that Fitness Facility's ability to render Services is substantially interrupted because of an event described above, ASH Fitness shall have the right to terminate this Agreement in accordance with Article 6 of this Agreement. Such notice of termination may be withdrawn if ASH Fitness determines that Services can be performed despite the event or because the interruption has ended. ARTICLE 15 INDEPENDENT CONTRACTORS. 15.01 None of the provisions of this Agreement shall be construed to create a relationship of agency, representation, joint venture, ownership, control or employment between the Parties, other than that of independent parties contracting solely for the purpose of effectuating this Agreement. 15.02 Fitness Facility shall be responsible solely to eligible Members for Services. Fitness Facility is an independent contractor and ASH Fitness shall have no dominion or control over Fitness Facility, Fitness Facility-Member relationship, Fitness Facility's personnel or Fitness Facility's services. Fitness Facility and Fitness Facility's employees and agents shall not have any claim, under this Agreement or otherwise, against ASH Fitness for vacation pay, sick leave or retirement or other benefits of any kind. During the National Fitness Facility Services Agreement Page 17 of 46 01/01/2014 term of this Agreement or any renewals hereof, Fitness Facility shall be fully responsible and liable for all state and federal income taxes or other taxes to which payments made by ASH Fitness to Fitness Facility may become subject. Fitness Facility is responsible to maintain all necessary insurance policies, such as workers' compensation, errors and omissions, and general business liability insurance in amounts necessary to provide adequate coverage for all liabilities. ARTICLE 16 GOVERNING LAW. This Agreement shall be interpreted and governed by the laws of the State in which the Fitness Facility is located. Any provisions required to be in this Agreement by any law shall bind the Parties hereto, whether or not expressly provided in this Agreement. ARTICLE 17 SEVERABILITY. 1. In the event any provision of this Agreement is rendered invalid or unenforceable by state or federal law or declared null and void by any court of competent jurisdiction,the remainder of the provisions of this Agreement shall remain in full force and effect. In the event that a provision of this Agreement is rendered invalid or unenforceable or declared null and void as provided herein, and its removal has the effect of materially altering the obligations of either Party in such manner as, in the judgment of the Party affected, will cause serious financial hardship to such Party or will cause such Party to act in violation of its corporate articles or bylaws, the Party so affected shall have the right to terminate this Agreement by providing the other Party with at least fifteen (15) days prior written notice. 4 M ARTICLE 18 DISPUTES BETWEEN FITNESS FACILITY AND MEMBERS. Where ASH Fitness and/or an ASH Client determine that a dispute between Fitness Facility and Member is subject to the provisions of this Agreement and ASH Fitness and/or ASH Client's appeals and grievance processes, policies, procedures and standards, Fitness Facility agrees to assist ASH Fitness and provide any information necessary, at no cost to ASH Fitness, for ASH Fitness to review and evaluate a Member grievance or appeal presented for resolution. ASH Fitness' grievance and appeal process is described in the Program Manual. This section does not preclude Fitness Facility and Member from seeking any appropriate legal action to resolve any controversy, dispute or claim which is not governed by the terms of this Agreement. ARTICLE 19 DISPUTES BETWEEN FITNESS FACILITY AND ASH FITNESS. In the event of any dispute between Fitness Facility and ASH Fitness arising out of or relating to this Agreement, Fitness Facility and ASH Fitness shall first attempt in good faith to resolve the dispute mutually between themselves. If Fitness Facility and ASH Fitness are unable to resolve the dispute by mutual agreement then all matters in controversy shall be submitted, upon the motion of either party, to binding arbitration under the Commercial Arbitration Rules of the National Arbitration Forum ("the Forum"). The arbitrator shall be bound by applicable state and federal law, subject to Article 16, and shall issue a written opinion setting forth findings of fact and conclusions of law. Fitness Facility and ASH Fitness agree that the decision of the arbitrator shall be final and binding as to each of them. The Party against whom the award is rendered shall pay any monetary award and/or comply with any other order of the arbitrator within sixty(60)days after the entry of judgment. Fitness Facility and ASH Fitness agree to share equally the Forum administrative fee as well as the arbitrator's fees and expenses, if any, unless otherwise assessed by the arbitrator. The administrative fees shall be advanced by the initiating Party, subject to final apportionment by the arbitrator. Fitness Facility and ASH Fitness agree that the arbitrator's award may be enforced in any court having jurisdiction thereof by the filing of a petition to enforce said award. Any arbitration proceedings shall occur in San Diego, California or in the state in which Fitness Facility is providing Services to Members pursuant to this Agreement. Fitness Facility and ASH Fitness agree that if they become involved in a claim or dispute under the arbitration process outlined herein, neither Party will disclose to any other person not directly involved in the arbitration process: (i)the substance of, or basis for, the claim; (ii) the content of any testimony or other evidence presented at National Fitness Facility Services Agreement Page 18 of 46 01/01/2014 the arbitration hearing or obtained through discovery; or (iii) the terms or amount of any agreement reached pursuant to arbitration. ARTICLE 20 DISPUTES BETWEEN FITNESS FACILITY AND ASH CLIENT. In the event of any dispute between Fitness Facility and a ASH Client arising out of or relating to this Agreement, at the request of ASH Fitness, Fitness Facility shall first attempt in good faith to resolve the dispute mutually with the ASH Client through ASH Fitness, including but not limited to, utilizing all available levels of ASH Fitness' grievance and appeals processes, unless otherwise prohibited by state law. Fitness Facility may seek ASH Fitness' assistance with regard to any dispute by contacting ASH Fitness in writing or by telephone at the address and telephone referenced in Article 21. ARTICLE 21 NOTICES. —c, Any notice required or permitted to be given under this Agreement to ASH Fitness or Fitness Facility, shall be in writing and shall be (a) delivered by electronic means (i.e. ASHLink, sent via an inalterable email document (such as PDF), or facsimile with confirmation) , (b) delivered in person, (c) sent by certified, registered mail, or "overnight express" by the United States Postal Service with return receipt requested and postage prepaid, or (d) sent"express mail,""two day delivery,""3-5 day ground"or any similar service offered by private,prepaid courier such as Federal Express, United Parcel Service or any similar organization. ASH Fitness shall send all notices to Fitness Facility's ASHLink account, email, facsimile number or mailing address on file with ASH Fitness. Fitness Facility shall provide at least thirty (30) day notice to any change in its email, facsimile number or mailing address to ASH Fitness via ASHLink, or to the email, facsimile number, or address below. era NOTICES TO ASH FITNESS. %061‘IS American Specialty Health Fitness, Inc. • P.O. Box 509117 San Diego, CA 92150-9001 L, For specific email addresses and facsimile numbers, call ASH Fitness at (877) 329-2746. The appropriate email address or facsimile number will be provided depending on the nature of the Notice. Notice shall be effective on the earlier of the date received or the date deemed received. • Notices given by electronic means (i.e. ASHLink, sent via an inalterable email document (such as PDF), or facsimile with confirmation) shall be deemed received one (1) business day after being sent. • Notices delivered personally shall be deemed received upon actual receipt. • Notices given by certified or registered mail shall be deemed received two (2) United States Postal Service business days after the date mailed. • Notices given by "3-5 day ground" will be deemed received five (5) business days after the date delivered to the United States Postal Service, Federal Express,United Parcel Service or any similar organization. • Notices sent for delivery by any other means specified in this first paragraph of this Article shall be deemed received two (2) business days after delivery to the United States Postal Service, Federal Express,United Parcel Service or any similar organization. ARTICLE 22 ATTORNEYS'FEES; COSTS. In the event that either Party brings legal action relating to this Agreement, including an arbitration or court action brought pursuant to Article 18, Article 19 or Article 20 herein, the prevailing Party shall be entitled to payment by the other of all reasonable attorneys' fees, costs and expenses incurred in such action. ARTICLE 23 CAPTIONS. Captions in this Agreement are descriptive only and shall not affect the intent or interpretation of this Agreement. National Fitness Facility Services Agreement Page 19 of 46 01/01/2014 ARTICLE 24 NO THIRD PARTY BENEFICIARIES. Except as otherwise expressly provided in this Agreement, nothing in this Agreement shall create or be deemed to create any rights or remedies in any third party, including but not limited to a Member or a Fitness Facility other than Fitness Facility, subject only to Article 26. ARTICLE 25 AMENDMENTS. incorporated into this Agreement on the date received or deemed received pursuant to Article 21 of this Agreement, This Agreement may be amended by the mutual written consent of both parties' duly authorized representatives. Notwithstanding the foregoing, this section does not preclude ASH Fitness from providing Fitness Facility with updated and/or revised Program Manuals or ASH Client Lists as may be necessary from time to time. ARTICLE 26 INSOLVENCY OF ASH FITNESS;PROTECTION OF INTERESTS OF FITNESS FACILITY, MEMBERS,AND ASH CLIENTS. ASH Fitness and Fitness Facility each expressly agrees to the inclusion of this Article in this Agreement to provide a means to protect the interests of Fitness Facility, Members, and ASH Clients in the event of the insolvency of ASH Fitness. This Article shall apply only in the event of the insolvency of ASH Fitness and only if, as a result of the insolvency, ASH Fitness is unable to discharge its duties under this Agreement. This Article shall not apply in any other circumstances. For purposes of this Article,the insolvency of ASH Fitness means the filing of a voluntary petition by ASH Fitness, or the filing of an involuntary petition by ASH Fitness' creditors, under Chapter 7 of the Bankruptcy Code (Liquidation), and the date of the insolvency shall be the date on which any such petition is filed. The insolvency of ASH Fitness shall not include the filing of a voluntary petition by ASH Fitness, or the filing of an involuntary petition by ASH Fitness' creditors, under Chapter 11 of the Bankruptcy Code (Reorganization). Notwithstanding anything in this Article, this Article shall not apply to the extent its application would violate any provision of the Bankruptcy Code or any other applicable federal or state statute or regulation, any automatic or other stay issued pursuant to the Bankruptcy Code, any order issued by the court with jurisdiction over the bankruptcy proceeding, or any other court order. .A? If, within sixty(60) days after the date of the insolvency of ASH Fitness, an ASH Client provides written notice to Fitness Facility stating that, with regard to any Member who is a beneficiary, employee, member, or insured of that ASH Client, (a)ASH Client shall pay Fitness Facility, in accordance with the provisions of this Agreement, for any billing reports submitted for Services rendered by Fitness Facility to any such Member on or after the date of the insolvency, to the extent ASH Fitness has not paid such reimbursements, and(b)ASH Client otherwise shall use its best efforts to discharge the duties of ASH Fitness under this Agreement, or to cause ASH Fitness to discharge those duties,with regard to any such Member,then Fitness Facility shall continue to be available to render Services to those Members and shall continue to render Services to those Members in accordance with the provisions of this Agreement for up to six(6)months after the date of the insolvency, as specified by ASH Client. To the extent this Article grants any rights to any ASH Client, Fitness Facility hereby expressly agrees and acknowledges that ASH Client is a third-party beneficiary of the provisions of this Article and shall have all rights granted under law by a third-party beneficiary to enforce the provisions of this Article. ARTICLE 27 ENTIRE AGREEMENT. This Agreement includes all attachments, the Program Manual, and all amendments thereto. Each Party acknowledges that no representation, inducement,promise or agreement, orally or otherwise,has been made by any Party or anyone acting on behalf of any Party, which is not embodied herein. In the event of an inconsistency between this Agreement and any ASH Client Summary or this Agreement and attachments, the ASH Client List or attachments, respectively, shall control the rights and duties of the Parties. In the event of any inconsistency National Fitness Facility Services Agreement Page 20 of 46 01/01/2014 between the Program Manual and this Agreement, this Agreement, together with any attachments, exhibits and amendments,including any current ASH Client List, shall control the rights and duties of the Parties. ARTICLE 28 MINNESOTA DATA PRACTICES ACT Notwithstanding anything in Article 9,Article 10 or Article 19, all data shall be governed by the Minnesota Data Practices Act and all records shall be retained pursuant to the City's retention schedule unless preempted by federal law. Aakel ♦O Q' G Q • O V Q ♦ a► • O ik QCr Qi 4 Q o � ispo ,fko . 6": National Fitness Facility Services Agreement Page 21 of 46 01/01/2014 NATIONAL FITNESS FACILITY SERVICES AGREEMENT Articic 28ARTICLE 29 EFFECTIVE DATE OF AGREEMENT. ASH Fitness will provide Fitness Facility with notice of the Effective Date after Fitness Facility returns one original copy of this Agreement to ASH Fitness, and all pre-contractual requirements are fulfilled based upon a determination by ASH Fitness. Fitness Facility agrees to be bound by this Agreement as of the Effective Date as determined by ASH Fitness and indicated immediately below. The Effective Date of this Agreement is [To be completed by ASH Fitness Only] A_ Fitness Facility agrees to participate in the following attachments, as indicated with a check in the attachment(s) box: o Attachment A: Silver&Fit Basic Facility Attachment 0% 41v ikil‘ ❑ 4 Attachment B: Silver&Fit Full Facility Attachment • O ❑ Attachment C: FitnessCoach Attachment 0 ❑ Attachment D: Active&Fit Attachment 04 ❑ Attachment E: Affinity Attachment _ *Ab ❑ Attachment F: Exercise Rewards Member Reimbursement Network Attachment ❑ Attachment H: Personal Trainer Attachment �` V- Qi CV �► Q 4 CP A IN WITNESS WHEREOF,the Parties have executed this Agreement on the dates set forth below. FITNESS FACILITY AMERICAN SPECIALTY HEALTH FITNESS,INC. (type or print clearly) (To be filled out by ASH Fitness only) Fitness Facility Legal Name �� Name Signed d/b/a(if applicable) 4k0 Name Printed Name Signed �� AT Title Name Printed Date of Signature Title Mailing Address: American Specialty Health Fitness,Inc. Date of Signature P.O. Box 509117 San Diego, CA 92150-9001 Mailing Address: Office Address: Office Name American Specialty Health Fitness,Inc. 10221 Wateridge Circle San Diego, CA 92121 Address City, State,Zip National Fitness Facility Services Agreement Page 22 of 46 01/01/2014 AMERICAN SPECIALTY HEALTH FITNESS,INC. FITNESS FACILITY SERVICES AGREEMENT ATTACHMENT A-SILVER&FIT BASIC FACILITY ATTACHMENT 1.0 DEFINITIONS. A0 For purposes of this attachment and in addition to the terms defined in the Agreement, the following terms shall have the meanings indicated: 1.01 Silver&Fit Program. The Silver&Fit Program is an exercise and healthy aging program offered to Members that are health plan enrollees eligible for Medicare coverage or are group retirees. 1.02 Silver&Fit Basic Fitness Facility. As a Silver&Fit Basic Facility, Fitness Facility shall provide Members the Standard Fitness Facility Membership as set forth in Section 3.09.1 of the Agreement. 2.0 FITNESS FACILITY OBLIGATIONS it 2.01 Guest Passes. Fitness Facility shall offer each Member one (1) free guest pass for a guest to work out at Fitness Facility. Guests that accompany a Member are not Members of ASH Fitness or ASH Clients and will not count toward Fitness Facility's program compensation. Where Fitness Facility already has a guest pass program, Fitness Facility will be considered in compliance with this Section. ` 3.0 PROGRAM COMPENSATION. e Vio Fitness Facility hereby agrees to participate in the Silver&Fit Program as a Silver&Fit Basic Facility, subject to the compensation schedule listed in Attachment L. The number of visits compensated in a month shall not limit the number of visits a Member may make to Fitness Facility in a month. Members must have unlimited access and their visits may exceed the visits compensated per month as specified in Attachment L. A Member may make multiple visits to Fitness Facility over the course of one day,however,Fitness Facility is only entitled to receive compensation for one (1)of those visits. Silver&Fit services will be compensated by ASH Fitness up to the maximum number of sessions and the maximum amount specified in Attachment L less any applicable Annual Member Fee as specified in Attachment G that was paid to Fitness Facility by a Member. An Annual Member Fee, if applicable, shall be paid to Fitness Facility upon the Member's first visit to a Fitness Facility each Benefit Year. National Fitness Facility Services Agreement Attachment A—Silver&Fit Basic Page 23 of 46 01/01/2014 AMERICAN SPECIALTY HEALTH FITNESS,INC. FITNESS CLUB SERVICES AGREEMENT ATTACHMENT B—SILVER&FIT FULL FACILITY ATTACHMENT 1.0 DEFINITIONS. For purposes of this attachment and in addition to the terms defined in the Agreement, the following terms shall have the meanings indicated: 1.01 Designated Silver&Fit Exercise Classes. Designated Silver&Fit Exercise Classes are older adult oriented exercise classes that Fitness Facility agrees to allow ASH Fitness to designate as a Silver&Fit exercise class in its directory for ASH Clients and Members. The fitness facility may choose to offer one or more classes from the following categories: • Silver&Fit Signature Series Classes (these classes as designed by ASH Fitness and are available to Fitness Facility to offer as a Designated Silver&Fit Exercise Class. Any equipment required for these classes may either be provided by Fitness Facility itself or to Fitness Facility by ASH Fitness for an additional fee.) tc • Senior Dance • Senior Yoga • Strength/Cardio Training for older adults • Tai Chi • Aqua — 'k • Fall Prevention • "IA t4. Fitness Facility shall elect how many classes it wishes to designate as a Silver&Fit Exercise Class each week in the Fitness Facility Election Section of this Attachment,attached hereto as Exhibit 1. Fitness Facility may not designate an older adult exercise class sponsored by or provided by any organization which is a competitor of ASH Fitness. 1.02 Silver&Fit Program. The Silver&Fit Program is an exercise and healthy aging program offered to Members that are health plan enrollees eligible for Medicare coverage or are group retirees. 1.03 Silver&Fit Full Fitness Facility. As a Silver&Fit Full Fitness Facility, Fitness Facility shall provide Members with a Standard Fitness Facility Membership as set forth in Section 3.09.1 of the Agreement,Designated Silver&Fit Exercise Classes and/or Quarterly Social Activities. 1.04 Silver&Fit Program Manager. The Silver&Fit Program Manager is an employee of ASH Fitness that is available to Silver&Fit Full Facilities, as described in Section 2.01, to work with Fitness Facility and its employees to arrange for and properly carry out the obligations of this Agreement. 1.05 Quarterly Social Activities. Quarterly Social Activities are quarterly events sponsored by Fitness Facility. Examples of these social events may consist of, but is not limited to, bagels and coffee, off-site walking clubs, and potlucks. Such events may be coordinated with Fitness Facility by a Silver&Fit Program Manager. 2.0 FITNESS FACILITY OBLIGATIONS. 2.01 Silver&Fit Full Fitness Facility Levels 2.01.1 Level 1 Silver&Fit Full Fitness Facility. A level 1 Silver&Fit Full Fitness Facility shall provide Members with a Standard Fitness Facility Membership and at least two (2) Designated Silver&Fit Exercise Classes each week (may be the same class twice per National Fitness Facility Services Agreement Page 24 of 46 01/01/2014 Attachment B—Silver&Fit Full week). Fitness Facility shall also offer as part of this level, Quarterly Social Activities at the facility for Members. 2.01.2 Level 2 Silver&Fit Full Fitness Facility. A level 2 Silver&Fit Full Fitness Facility shall provide Members with a Standard Fitness Facility Membership and at least one (1) Designated Silver&Fit Exercise Class each week. 2.02 Designated Silver&Fit Exercise Classes. Fitness Facility agrees that it shall have at least one (1) instructor who has obtained proper credentials to teach the particular Designated Silver&Fit Exercise Class. Fitness Facility shall arrange for any required payment for the exercise programs or training classes required, either by (a) Fitness Facility on behalf of the instructor or (b) the instructor directly. 2.03 Guest Passes. Fitness Facility shall offer each Member one (1) free guest pass for a guest to work out at Fitness Facility. Guests that accompany a Member are not Members of ASH Fitness or ASH Clients and will not count toward Fitness Facility's program compensation. Where Fitness Facility already has a guest pass program, Fitness Facility will be considered in compliance with this Section. 2.04 Silver&Fit Exercise Classes Health and Safety Guidelines. Fitness Facility shall comply with ASH Fitness' Health & Safety Guidelines for Designated Silver&Fit Exercise Classes. These guidelines are in addition to the Health and Safety Guidelines in Attachment I of this Agreement and shall be distributed to Fitness Facility upon notifying ASH Fitness of its election to offer Designated Silver&Fit Exercise Classes. Upon Fitness Facility's acceptance of these guidelines, the elected classes shall be listed in ASH Fitness' online directory as Designated Silver&Fit Exercise Classes. 3.0 ASH FITNESS OBLIGATIONS. 4 i 4,,N `t •.... 3.01 FitnessEngagement.com. Fitness Facility shall have access to a web site that will provide tools to help assist Fitness Facility in providing the Silver&Fit Program to Members. The website shall include training materials to help assist with the Designated Silver&Fit Exercise Classes, as well as promotional fliers for Fitness Facility to use to promote the Silver&Fit Program and Designated Silver&Fit Exercise Classes. 3.02 Program Management. ASH Fitness shall make available to Fitness Facility online, telephonic support, and local or regional Program Managers to assist Fitness Facility with the Silver&Fit Program. Such support shall include assistance in coordinating Quarterly Social Activities and assistance with training and evaluation of instructors teaching Designated Silver&Fit Exercise Classes 3.03 Silver&Fit Directory. ASH Fitness shall provide ASH Clients and Members with an online directory of participating fitness facilities. The online directory shall list the Designated Silver&Fit Exercise Classes offered by Fitness Facility and if Fitness Facility holds Quarterly Social Activities. Fitness Facility's priority in the listing shall be dependent upon what level of Silver&Fit Full Fitness Facility is. If Fitness Facility participates as a Level 1 Silver&Fit Full Facility, Fitness Facility shall be listed above all other levels in the ASH Fitness Silver&Fit Directory. If Fitness Facility participates as a Level 2 Silver&Fit Full Facility, Fitness Facility shall be listed above all Silver&Fit Basic Facilities. 4.0 PROGRAM COMPENSATION. 4.01 Program Compensation. Fitness Facility hereby agrees to participate in the Silver&Fit Program subject to the compensation schedule listed in Attachment L. The number of visits compensated in a month shall not limit the number of visits a Member may make to Fitness Facility in a month. Members must have unlimited access and their visits may exceed the visits compensated per month as specified in Attachment L. A Member may make multiple visits to Fitness Facility over the National Fitness Facility Services Agreement Page 25 of 46 01/01/2014 Attachment B—Silver&Fit Full course of one day, however, Fitness Facility is only entitled to receive compensation for one (1) of those visits. Silver&Fit services will be compensated by ASH Fitness up to the maximum number of sessions and the maximum amount specified in Attachment L less any applicable Annual Member Fee as specified in Attachment G that was paid to Fitness Facility by a Member. An Annual Member Fee, if applicable, shall be paid to Fitness Facility upon the Member's first visit to a Fitness Facility each Benefit Year. 4.02 Silver&Fit Exercise Class Designation Incentive. In addition to the program compensation specified in Attachment L,ASH Fitness shall pay Fitness Facility an incentive of one dollar($1.00) for each Member that is listed on Fitness Facility's Billing Report each month ("Designation Incentive") in exchange for Fitness Facility designating a senior oriented adult fitness class as a Silver&Fit exercise class. This incentive is not associated with the program compensation rate agreed upon for Member utilization of services at the fitness facility and is completely separate from the program compensation rate listed in Attachment L. In order to receive the Designation Incentive, Fitness Facility must submit the group exercise schedule of the exercise class which is being designated as a Silver&Fit exercise class for approval. t 4g0r b0 Nil /PA. ifkle eiggle* mur Q V 404$ National Fitness Facility Services Agreement Page 26 of 46 01/01/2014 Attachment B—Silver&Fit Full ATTACHMENT B—EXHIBIT 1 AMERICAN SPECIALTY HEALTH FITNESS,INC. FITNESS FACILITY SERVICES AGREEMENT ATTACHMENT B—EXHIBIT 1 SILVER&FIT FULL FACILITY—FITNESS FACILITY ELECTION2 Fitness Facility elects to designate one(1) or more older adult oriented exercise classes listed in Section 1.01 of Attachment B as a Designated Silver&Fit Exercise Class: ❑ One(1)class per week OR � �O ❑ Two (2)classes per week G ` ♦,w Fitness Facility elects to offer: • O o ❑ Quarterly Social ActivitiesAagl e , ik di I O41‘1 4fte � Q ispo 0 ♦ 6": 2 Any election in this exhibit shall be for all Fitness Facility Participating Locations unless Fitness Facility notifies ASH Fitness otherwise. National Fitness Facility Services Agreement Page 27 of 46 01/01/2014 Attachment B Exhibit 1—Silver&Fit Full Fitness Facility Election AMERICAN SPECIALTY HEALTH FITNESS,INC. FITNESS FACILITY SERVICES AGREEMENT ATTACHMENT C-FITNESSCOACH ATTACHMENT 1.0 DEFINITIONS. For purposes of this attachment and in addition to the terms defined in the Agreement, the following terms shall have the meanings indicated: 1.01 FitnessCoach Program. The FitnessCoach Program is an exercise and fitness program offered to Special Needs Members that are enrolled in a health plan's special needs benefit plan. 1.02 Special Needs Members: Members that are dual eligible and enrolled for both Medicare and Medicaid or with a severe disability or chronic condition. 1.03 FitnessCoach Fitness Facility. As a FitnessCoach Facility, Fitness Facility shall provide Members the Standard Fitness Facility Membership as set forth in Section 3.09.1 of the Agreement. 1.04 Member Caregiver. A Member Caregiver is the person identified by the Member to ASH Fitness and the Fitness Facility as the person who will be providing assistance to the Member while using the Fitness Facility. 2.0 FITNESS FACILITY OBLIGATIONS _to Ake In addition to the obligations in Article 3 of the Agreement,Fitness Facility shall have the following obligations for this program. 2.01 Guest Passes. Fitness Facility shall offer each Member one (1) free guest pass for a guest to work out at Fitness Facility. Guests that accompany a Member are not Members of ASH Fitness or ASH Clients and will not count toward Fitness Facility's program compensation. Where Fitness Facility already has a guest pass program, Fitness Facility will be considered in compliance with this Section. 2.02 Member Caregiver Access. Fitness Facility shall provide Member Caregiver access to the facility so that they may assist the Member with their workout. This may include, but is not limited to, assistance with using equipment, equipment setting adjustments and general assistance in Fitness Facility. Member Caregiver shall not be allowed to personally workout at the facility and are on the premises with the Member solely to assist the Member with their workout and navigating through the facility. Member Caregivers are not considered Members of ASH Fitness or ASH Fitness Clients and therefore, will not count toward Fitness Facility's program compensation. Fitness facility shall not charge a Member Caregiver any monthly dues or guests fees for being at the facility to assist a Member. If Fitness Facility requires that guests or patrons of the facility sign a waiver for being on the premises, Fitness Facility may request and require the Member Caregiver to sign such waiver. 3.0 PROGRAM COMPENSATION. Fitness Facility hereby agrees to participate in the FitnessCoach Program as a FitnessCoach Facility, subject to the compensation schedule listed in Attachment L. The number of visits compensated in a month shall not limit the number of visits a Member may make to Fitness Facility in a month. Members must have unlimited access and their visits may exceed the visits compensated per month as specified in Attachment L. A Member may make multiple visits to Fitness Facility over the course of one day,however,Fitness Facility is only entitled to receive compensation for one(1)of those visits. FitnessCoach services will be compensated by ASH Fitness up to the maximum number of sessions and the maximum amount specified in Attachment L less any applicable Annual National Fitness Facility Services Agreement Page 28 of 46 01/01/2014 Attachment C—FitnessCoach Member Fee as specified in Attachment G that was paid to Fitness Facility by a Member. An Annual Member Fee, if applicable, shall be paid to Fitness Facility upon the Member's first visit to a Fitness Facility each Benefit Year. WV 643 Q' ilk‘ ikil‘ Q • O 0 lisp a► O � CP Qi Go* b4ce Q 4. 4O , 00 Ito iip 0 o A ,fko 0 . 6 0 tt, Ak. 1 e r National Fitness Facility Services Agreement Page 29 of 46 01/01/2014 Attachment C—FitnessCoach AMERICAN SPECIALTY HEALTH FITNESS,INC. FITNESS FACILITY SERVICES AGREEMENT ATTACHMENT D-ACTIVE&FIT ATTACHMENT 1.0 DEFINITIONS. For purposes of this Agreement and in addition to the terms elsewhere defined herein, the following terms shall have the meanings indicated: 1.01 Active&Fit Program. The Active&Fit Program is a fitness program whereby ASH Fitness or its affiliates arrange for the provision of Services to Members. This program provides Member with a Standard Fitness Facility Membership. 2.0 PROGRAM COMPENSATION. r O 1I° Fitness Facility hereby agrees to participate in the Active&Fit Program subject to the compensation schedule listed in Attachment L. The number of visits compensated in a month shall not limit the number of visits a Member may make to Fitness Facility in a month. Members must have unlimited access and their visits may exceed the visits compensated per month as specified in Attachment L. A Member may make multiple visits to Fitness Facility over the course of one day, however, Fitness Facility is only entitled to receive compensation for one (1) of those visits. Active&Fit services will be compensated by ASH Fitness up to the maximum number of sessions and the maximum amount specified in Attachment L less any applicable Annual Member Fee as specified in Attachment G that was paid to Fitness Facility by a Member. An Annual Member Fee, if applicable, shall be paid to Fitness Facility upon the Member's first visit to a Fitness Facility each Benefit Year. tti* Ak J► O�tt• Ak.%°°: 404$ National Fitness Facility Services Agreement Page 30 of 46 01/01/2014 Attachment D—Active&Fit AMERICAN SPECIALTY HEALTH FITNESS,INC. FITNESS FACILITY SERVICES AGREEMENT ATTACHMENT E -AFFINITY ATTACHMENT 1.0 DEFINITIONS. For purposes of this Agreement and in addition to the terms elsewhere defined herein, the following terms shall have the meanings indicated: 1.01 Affinity Program. (Commonly referred to by some ASH Clients, regulators, accreditations agencies, or others as "Discount Programs, ChooseHealthy, ExerciseRewards®, and Silver&Fit Affinity®"). ASH Fitness' Affinity Program consists of Affinity Services offered to Members at a best available preferred rate or specific discounted rate. 1.02 Affinity Services. Affinity Services are services provided to Members eligible for an Affinity Program as defined above in Section 1.01. Fitness Facility is paid directly by Member for Affinity Services, in accordance with applicable discount offered by Fitness Facility, as specified at the end of this attachment and is not eligible for compensation by ASH Fitness under this Agreement. 1.03 ExerciseRewards Program Network. The ExerciseRewards Program Network is a sub-network under the Affinity Network. Fitness Facility will automatically be included in the sub-network if they meet the requirements as set forth in Section 2.05 below. 1.04 Member. For the purpose of this attachment a Member is solely an individual eligible to receive Services. Members will not need to complete Member Enrollment prior to signing a membership agreement with a Fitness Facility. 2.0 FITNESS FACILITY'S RESPONSIBILITIES. 2.01 Affinity Program. Fitness Facility shall offer a Member access to Fitness Facility a ten percent (10%) or higher discount off the regular membership fees/dues and/or enrollment fees. Fitness Facility will be featured and/or made available to those Members eligible for the Affinity Program. Promotion may include,but not limited to, customized web site directory listing, customized search criteria featuring said discount, open enrollment materials, and/or in materials to eligible Members by mail upon request. 2.02 Conversion of Pre-Established Membership. Fitness Facility agrees to assist Member where Member has a previously established membership with Fitness Facility and becomes eligible for the Affinity Program under this Agreement. Fitness Facility agrees to allow Member's previously established membership to become discounted to Fitness Facility's agreed upon discount for Affinity Services where the discounted rate is lower than Member's previously established membership rate. 2.03 Member Payments. Fitness Facility shall notify Member of Member's financial responsibility for amounts Member may owe Fitness Facility for Affinity Services prior to the provision of Affinity Services. Fitness Facility shall set up a payment process with Member and shall not seek payment for Affinity Services from ASH Fitness or ASH Client. 2.04 One Week Trial Obligation. Fitness Facility shall offer and honor a one-time one-week trial membership for each Member. 2.05 ExerciseRewards Program Network. If Fitness Facility meets the following criteria, ASH Fitness will automatically include Fitness Facility in its ExerciseRewards Program Network. To be included in the ExerciseRewards Program Network,Fitness Facility must meet the following: National Fitness Facility Services Agreement Page 31 of 46 01/01/2014 Attachment E—Affmity • Fitness Facility must be open to the general public; • Fitness Facility must provide staff oversight; • Fitness Facility must offer a membership agreement or an equivalent thereof; and • Fitness Facility must collect monthly or yearly fees as indicated by the member's membership agreement with Fitness Facility. 3.0 CORE AGREEMENT MODIFICATION 3.01 Provisions not Applicable to this Attachment. The following provisions of the main body of the Agreement are not applicable to this attachment: Sections 2.07, 3.10, 3.12, and 3.13. 4 . • 0 Pira ► CrWI Qi 4 Q S ispo o � vlo 0 #44 10 National Fitness Facility Services Agreement Page 32 of 46 01/01/2014 Attachment E—Affmity ATTACHMENT E—AFFINITY DISCOUNT 4.0 DISCOUNTS. No Program Compensation Rate applies to this attachment. Fitness Facility agrees to provide the following discounts for Members Please indicate below minimum discount of at least 10%where applicable: Affinity Program Affinity Program Fitness Facility discount on monthly or annual (Fitness Facility discount) membership) (No monthly membership or annual Fitness dues) Initiation/Enrollment OR Session Fee % Fees ` % Monthly Dues % ivO.odfkik Personal Trainer 016141) Fees % CO Ir be 4 Ori. '- b.4* lokr t • . 41,„,;._ 0 o A 0ko s, i 0,r At%° 0 National Fitness Facility Services Agreement Page 33 of 46 01/01/2014 Attachment E—Affinity AMERICAN SPECIALTY HEALTH FITNESS,INC. FITNESS FACILITY SERVICES AGREEMENT ATTACHMENT F—EXERCISEREWARDS PROGRAM MEMBER REIMBURSEMENT NETWORK ATTACHMENT 1.0 DEFINITIONS. For purposes of this Agreement and in addition to the terms elsewhere defined herein, the following terms shall have the meanings indicated: 1.01 ExerciseRewards Program Member Reimbursement Network. ExerciseRewards Program Member Reimbursement Network ("ERP MRN") is the network of Fitness Facilities and exercise centers which are contracted with ASH Fitness to provide Program Services, as defined below in Section 1.04, offered to Members at a specific discounted rate. 1.02 Member. For the purpose of this attachment a Member is solely an individual eligible to receive Services. Members will not need to complete member enrollment prior to signing a membership agreement with a Fitness Facility. 1.03 Member Utilization Report. Member Utilization Reports are monthly reports submitted to ASH Fitness by Fitness Facility that track Members' utilization each month. Each monthly report shall contain the Member name, Member's identification number listed on the health plan identification card or their current program identification card,Member month and day of birth,health plan name if applicable, and the dates of each Visit in the month. Utilization reports for members who have not been identified as participating in the program should not be submitted. 1.04 Program Services. Program Services(referred to by some ASH Clients and Members as"Exercise Rewards or ERP") are the services set forth in this Attachment provided to Members eligible for such services. Fitness Facility is paid directly by the Member for Program Services, in accordance with the applicable discount offered by Fitness Facility as specified in this Agreement. Fitness Facility shall not be eligible for any compensation by ASH Fitness under this Agreement. 2.0 FITNESS FACILITY'S RESPONSIBILITIES. 2.01 ExerciseRewards Program Member Reimbursement Network. As part of the ExerciseRewards Program Member Reimbursement Network, Fitness Facility shall offer a Member a ten percent (10%) or higher discount off the regular membership fees/dues and/or enrollment fees. Fitness Facility will be made available to those Members eligible for Program Services. Promotion of Program Services may include, but is not limited to, customized ASH Client web site directory listing, customized search criteria featuring the agreed upon discount with Fitness Facility, and Member open enrollment materials. No program compensation rate applies to this Agreement and Fitness Facility shall look to Member for compensation in accordance with the Members applicable discount. 2.02 Verification of Member Eligibility. Fitness Facility shall verify Member eligibility at the time of Member's first attempt to utilize Fitness Facility Participating Location by requesting Member to show their health plan identification card or their current program identification card. 2.03 Conversion of Pre-Established Membership. Fitness Facility agrees to assist any Member that has a previously established membership with Fitness Facility and the Member becomes eligible for the Program Services under this Agreement. Fitness Facility agrees to allow Member's previously established membership to become discounted to Fitness Facility's agreed upon discount for National Fitness Facility Services Agreement Page 34 of 46 01/01/2014 Attachment F—Member Reimbursement ATTACHMENT F—EXERCISEREWARDS PROGRAM MEMBER REIMBURSEMENT NETWORK DISCOUNT Program Services where the discounted rate is lower than the Member's previously established membership rate. 2.04 Member Utilization Reports. Fitness Facility shall submit Member Utilization Reports as defined in Section 1.03 of this Attachment to ASH Fitness on a monthly basis no later than the 10th of each month for the previous month's Member utilization. Member Utilization Reports may be submitted through ASHLink, electronically by email or in paper claim formats, as mutually agreed upon by the Parties. Member Utilization Reports are required to be submitted and must contain all Members that utilized Fitness Facility for Program Services during the month for which the Member Utilization Report is being submitted. 2.05 Member Payments. Fitness Facility shall notify Member of Member's financial responsibility for amounts Member may owe Fitness Facility for Program Services prior to the provision of such Services. Fitness Facility shall set up a payment process with Member and shall not seek payment for Program Services from ASH Fitness or ASH Clients. 2.06 One Week Trial Obligation. Fitness Facility shall offer and honor a one-time one-week trial membership for each Member. 3.0 CORE AGREEMENT MODIFICATION 3.01 Provisions not Applicable to this Attachment. The following provisions of the main body of the Agreement are not applicable to this attachment: Sections 2.07, 3.10, 3.12, and 3.13. 4.0 DISCOUNTS. No Program Compensation Rate applies to this attachment. Fitness Facility agrees to provide the following discounts for Members Please indicate below minimum discount of at least 10%where applicable: Member Reimbursement Member Reimbursement Network Network Fitness Facility discount on (Fitness Facility discount) monthly or annual (No monthly membership or annual membership) Fitness dues) Initiation/Enrollment OR Session Fee % Fees Monthly Dues Personal Trainer Fees National Fitness Facility Services Agreement Page 35 of 46 01/01/2014 Attachment F—Member Reimbursement AMERICAN SPECIALTY HEALTH FITNESS,INC. FITNESS FACILITY SERVICES AGREEMENT ATTACHMENT G-ASH CLIENT LIST National Fitness Facility Services Agreement Page 36 of 46 01/01/2014 Attachment G—ASH Client List AMERICAN SPECIALTY HEALTH FITNESS,INC. FITNESS FACILITY SERVICES AGREEMENT ATTACHMENT H-PERSONAL TRAINER ATTACHMENT 1.0 DEFINITIONS. For purposes of this Agreement and in addition to the terms elsewhere defined herein, the following terms shall have the meanings indicated: 1.01 Amount. Co-payment Amount is a payment made directly to the Fitness Facility by the Member for each Personal Trainer Service. Co-payment Amounts are specified in the ASH Client Summaries attached via Exhibit 1 to this attachment. 1.02 Personal Trainer Benefit Program. Personal Trainer Benefit Program means an arrangement pursuant to which Fitness Facility arranges for the provision of personal training sessions to Member. 1.03 Personal Trainer Services. Personal Trainer Services refers to training provided by a certified personal trainer employed or contracted by a Fitness Facility to assist Member in reaching desired health status such as weight loss or gain, or appropriate/effective exercise programs. A training session is of a duration not less than forty-five (45)minutes which assist Members in reaching their desired health status by focusing on subjects such as weight loss/gain, nutritional coaching, appropriate effective exercise program implementation and enhancing a Member's fitness level. 2.0 FITNESS FACILITY'S RESPONSIBILITIES. 2.01 Provision of Personal Trainer Program. Fitness Facility shall provide Services when ASH Client elects to participate in the Personal Trainer Benefit Program. Personal Trainer Benefit Program is offered only if the Member's health plan and/or employer group has elected to include them and shall be noted through Exhibit 1 to this attachment. 2.02 Personal Trainers. Fitness Facility agrees to comply with ASH Fitness Quality Management Program criteria when employing a personal trainer who will provide services to a Member. Fitness Facility agrees: a) Personal trainer shall be actively certified and in good standing with a certification body that is accredited through the National Commission of Certifying Agencies"NCCA". b) Personal Trainer must not have been convicted of a felony. Personal trainer must sign an attestation and Fitness Facility must hold on file such attestation that personal trainer has never been convicted of a felony or Fitness Facility must perform a criminal background check searching for any felony convictions, using Choicepoint or other similar databases, and shall hold appropriate documentation on file that no felony convictions were discovered. c) Personal trainer must not have been convicted of a misdemeanor directly related to the provision of Personal Trainer Services. Personal trainer must sign an attestation and Fitness Facility must hold on file such attestation that personal trainer has never been convicted of a misdemeanor directly related to the provision of Personal Trainer Benefit Program or Fitness Facility must perform a criminal background check searching for any misdemeanor convictions, using Choicepoint or other similar databases, and shall hold appropriate documentation on file that no misdemeanor convictions were discovered. d) Personal trainer must not have any negligence related malpractice cases. Personal trainer must sign an attestation and Fitness Facility must hold on file such attestation that personal trainer has never had a malpractice settlement or judgment against him or her due to his or her negligence. National Fitness Facility Services Agreement Page 37 of 46 01/01/2014 Attachment H—Personal Trainer e) Personal Trainer must not have any sanctions or actions by a state or federal regulatory agency. Personal Trainer must sign an attestation and club must hold on file that Personal Trainer has never had a sanction or action against him or her due to his or her negligence. f) Personal trainer must follow all appropriate assessment and risk management guidelines of the Fitness Facility and one of the NCCA organizations. g) Personal trainer must question Member(using at a minimum the physical activity readiness questionnaire (PARQ) or a comparable pre-activity assessment tool) to assess the Member's health status and interaction with the Member's medical physician related to the fitness program. h) Personal trainer must question the Member about the Member's interaction with the Member's medical physician related to the fitness program. i) Personal trainer must maintain appropriate documentation and records related to the training interaction,Member progress and adverse events. j) Personal trainer will store any confidential health information or related confidential information in a secure location away from public access 2.03 Personal Trainer Benefit Program. a) Fitness Facility agrees to only provide personal training sessions to Member's eligible under the Personal Trainer Benefit Program as verified by ASH Fitness. b) Personal Training Session shall last a minimum of forty-five (45) minutes and shall be used to assist Members in reaching their desired health status. c) Personal training sessions provided under the Personal Trainer Benefit Program are eligible for compensation at compensation rate as specified in Exhibit 1 to this attachment for each ASH Client. 3.0 PROGRAM ELECTIONS AND COMPENSATION. Fitness Facility hereby agrees to participate in the Personal Training Benefit Program subject to the compensation schedule listed in Attachment L. Personal Trainer Services will only be compensated by ASH Fitness up to the maximum number of sessions and the maximum amount per session established for the Personal Trainer Benefit Program, less any Co-payment Amount paid to Fitness Facility by a Member as further specified in Exhibit 1 to this attachment. Co-payment Amounts are made upon each Visit. National Fitness Facility Services Agreement Page 38 of 46 01/01/2014 Attachment H—Personal Trainer AMERICAN SPECIALTY HEALTH FITNESS,INC. FITNESS FACILITY SERVICES AGREEMENT ATTACHMENT H-EXHIBIT 1 PERSONAL TRAINER-ASH CLIENT LIST National Fitness Facility Services Agreement Page 39 of 46 01/01/2014 Attachment H—Personal Trainer AMERICAN SPECIALTY HEALTH FITNESS,INC. FITNESS FACILITY SERVICES AGREEMENT ATTACHMENT I-HEALTH AND SAFETY GUIDELINES AND CODE OF CONDUCT Fitness Facility warrants and represents that each Fitness Facility Participating Location, subject to this Agreement, shall maintain and abide by ASH Fitness' Health& Safety Guidelines and Code of Conduct, as follows: • Fitness Facility is able to respond in a timely manner to any reasonably foreseeable emergency event that threatens the health and safety of facility users. Toward this end the Fitness Facility has an appropriate emergency plan that can be executed by qualified personnel in a timely manner. • Fitness Facility offers each adult Member a pre-activity screening that is appropriate to the physical activities to be performed by the Member. Based on pre-activity screening, the club may, at its discretion, offer to provide supervisory oversight, or an aide to the Member. • Each person who has supervisory responsibility for a physical activity program or area at Fitness Facility has demonstrable professional competence in that physical activity program or area. • Fitness Facility posts appropriate signage alerting users to the risks involved in their use of those areas of Fitness Facility that present potential increased risk(s). • If Fitness Facility offers youth services or programs,it provides appropriate supervision. • Fitness Facility shall not discriminate against Members for any reason, including but not limited to age, sex, marital status, religion, ethnic background, national origin, political affiliation, ancestry, race, color, sexual orientation,health disability status or source or amount of compensation. • Fitness Facility shall abide by all local, state, or federal consumer protection legislation and all other applicable laws. • Fitness Facility responds to and endeavors to resolve, within sixty (60) days, any consumer complaints made to the Better Business Bureau or state or local consumer protection agencies (or other such agencies). • Fitness Facility will not sell prepaid, lifetime memberships. ASH Fitness' Health& Safety Guidelines and Code of Conduct has been adapted from the following sources: • Peterson,James A, and Tharrett, Stephen J, editors 2nd ed.ACSM's Health/Fitness Facility Standards and Guidelines, second edition. Champaign, IL: Human Kinetics, 1997. • International Health,Racquet and Sportsclub Association,2005. http://download.ihrsa.org/pubs/club membershipconduct.pdf National Fitness Facility Services Agreement Page 40 of 46 01/01/2014 Attachment I-Health and Safety Guidelines AMERICAN SPECIALTY HEALTH FITNESS,INC. FITNESS FACILITY SERVICES AGREEMENT ATTACHMENT J—MEDICARE ADVANTAGE ADDENDUM This exhibit is entered into by American Specialty Health Fitness,Inc. ("ASH Fitness")and the Fitness Facility listed on the signature page of the Agreement("Fitness Facility") and is intended to add certain provisions to the Agreement in order to comply with requirements of the Centers for Medicare and Medicaid Services("CMS"). If any provision in the Agreement is inconsistent with the terms of this attachment,the provisions of this attachment shall be controlling and supersede the provisions of the Agreement for Medicare Advantage Members. WHEREAS,ASH Fitness has entered into contracts with Medicare Advantage Organizations ("MAO"or"ASH Clients") which require its first tier entities (such as ASH Fitness)to include specific contract language in its contracts with their downstream entities (such as Fitness Facility); WHEREAS, Fitness Facility will be providing Services on behalf of ASH Fitness for certain Medicare Advantage members of MAO health plans; NOW, THEREFORE,the Parties agree to add the following provisions to the Agreement with respect to Medicare Advantage members of ASH Fitness' contracted MAO health plans: 1 Member Non-Liability. Fitness Facility shall in no event, including insolvency of ASH Fitness,hold any member liable for payment of any fees that are the legal obligation of ASH Fitness. This provision does not prohibit Fitness Facility from charging the member for services not covered under this Agreement,provided the member was informed in advance and in writing of the fees to be charged. This provision shall survive termination of the Agreement.[42 C.F.R. 422.504(g)(1)(i) and 42 C.F.R. 422.504(i)(3)(i)J 2 Excluded Individuals. Fitness Facility shall not employ or contract with any individual excluded from participation in a Medicare program to provide Services to Members. Fitness Facility hereby represents and warrants that no such excluded person currently is employed by or under contract with Fitness Facility for the provision of Services to Members hereunder. Fitness Facility shall check persons employed or contracted to perform Services against the appropriate lists upon hire or contract and monthly thereafter to determine if the persons have been excluded from participation in a Medicare program(U.S. Department of Health and Human Services Office of Inspector General List of Excluded Individuals/Entities and the General Service Administration Lists of Parties Excluded from Federal Procurement and Nonprocurement Programs). Fitness Facility shall maintain records relating to its checks of these lists in accordance with Section 8 of this addendum. Fitness Facility agrees to indemnify ASH Fitness or ASH Clients, as applicable, for any civil monetary penalties levied against an ASH Client or ASH Fitness as a result of(a) Fitness Facility's failure to screen all employed or contracted persons who provide Services to Members against the Exclusions lists or(b)Fitness Facility's permitting an individual or entity found on the Exclusions Lists to provide Services to any Medicare Advantage Members under this Agreement. Payments received by Fitness Facility in circumstances where (a) or(b) above apply are also subject to recoupment by ASH Fitness upon request and Fitness Facility agrees to comply with any such requests. [42 C.F.R. 422.752(a)(8)] 3 Compliance with Federal and State Law. Fitness Facility acknowledges that payments for Services hereunder are, in whole or in part, derived from federal funds and receipt of such payment is subject to all laws and regulations applicable to recipients of such funds. Therefore,Fitness Facility shall comply with all laws and regulations applicable to individuals and entities receiving federal funds and all other applicable federal and state laws and regulations, including,but not limited to,those laws and regulation governing participating in the Medicare Advantage or Special Needs Plan Programs, Title VI of the Civil Rights Act of 1964,the Age Discrimination Act of 1975, and Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973, as well as their implementing regulations. [42 C.F.R. 422.504(h)] 4 Quality Review and Improvement.Fitness Facility shall cooperate with all independent quality review and improvement activities relating to Services being provided by Fitness Facility required by ASH Fitness and/or ASH Fitness's contracted MAO health plans or CMS pertaining to the provision of Services. [42.C.F.R. 422.204(b)(4)] National Fitness Facility Services Agreement Page 41 of 46 01/01/2014 Attachment J-Medicare Advantage Addendum 5 Member Appeals and Grievances. Fitness Facility shall cooperate and comply with all ASH Fitness,ASH Fitness's contracted MAO health plans, and CMS requirements regarding appeals of members, including the obligation to provide information to ASH Fitness within the timeframe reasonably requested for such purpose. [42 C.F.R. 422.562(a)] 6 Collection of Data. When requested by ASH Fitness,Fitness Facility shall participate in the collection and submission of data to CMS. Where applicable,Fitness Facility shall certify the accuracy of the data collected and submitted under this section. [42 C.F.R. 422.504(c)] 7 Member Records. In addition to the requirements set forth in Section 9.03 of the Agreement,to the extent any MAO member records or other health and enrollment information is maintained by Fitness Facility,Fitness Facility shall: 1) safeguard the privacy of any information that identifies a particular member and abide by all federal and state laws and regulations regarding confidentiality and disclosure of all protected health information; 2)maintain member records and information in an accurate and timely manner; and 3) ensure timely access by members to their own records and information in accordance with federal and State laws and regulations. Information from or copies of records may be released only in accordance with federal and state laws and regulations governing such records and the information contained therein. [42 C.F.R. 422.118] 8 Records and Inspections. (a) ASH Fitness and Fitness Facility recognize and agree that the United States Department of Health and Human Services(DHHS),the Comptroller General, or their designees may audit, evaluate or inspect any books, contracts, and other records of ASH Fitness and Fitness Facility that pertain to any aspect of services performed under this Agreement for purposes of a Medicare product, or as the Secretary of DHHS may deem necessary. ASH Fitness and Fitness Facility shall retain all records related to the provision Services for a period of ten(10)years after the final date of the contract period and shall make available their premises,physical facilities and equipment,records related to the provision of Services or any additional relevant information that DHHS may require. [42 C.F.R. 422.504(e)(3)] (b) CMS,the Comptroller General, or their designees have the right to inspect, evaluate and audit ASH Fitness and Fitness Facility for a period of ten(10)years after the final date of the contract period or the completion of an audit,whichever is later,unless: (a) CMS determines that there is a special need to retain a particular record or group of records for a longer period and notifies ASH Fitness or Fitness Facility at least thirty(30)days before the normal disposition date; (b)there has been a termination, dispute or fraud or similar fault by ASH Fitness or Fitness Facility in which case retention may be extended to ten(10)years from the date of any final resolution of the termination or fraud or similar fault; or(c)CMS determines that there is a reasonable possibility of fraud, in which case it may inspect, evaluate and audit ASH Fitness and Fitness Facility at any time.[42 C.F.R. 422.504(e)(4)] 9. MAO Health Plan Accountability. Notwithstanding anything set forth in the Agreement,Fitness Facility and ASH Fitness acknowledge and agree that,with respect to Services furnished under this Agreement for ASH Fitness's contracted MAO health plans,ASH Fitness's contracted MAO health plans oversee and are ultimately accountable to CMS for any functions and responsibilities performed by Fitness Facility. Fitness Facility shall comply with ASH Fitness's policies and procedures as set forth in the Fitness Facility Program Manual. Such policies and procedures have been reviewed and approved by ASH Fitness' contracted MAO health plans. Fitness Facility shall furnish Services to members consistent with the requirements of CMS and, including but not limited to,ASH Fitness's contractual obligations to its contracted MAO health plans. [42 C.F.R. 422.504(i)(4)(iii) and 42 C.F.R. 422.112] 10. Compliance Training. Fitness Facility will provide its employees and any contractors directly involved in providing Services under this Agreement the compliance training included in the Fitness Facility Program Manual within ninety(90)days of hire or contracting and annually thereafter. [42 C.F.R. 422.504(h)(1)] National Fitness Facility Services Agreement Page 42 of 46 01/01/2014 Attachment J-Medicare Advantage Addendum 11. Amendment and Severability of Contracts. Notwithstanding any provision in the Agreement,this Exhibit may be amended upon request or mandate by CMS to comply with all relevant federal and State laws and regulations and government pronouncements. Additionally,this Exhibit shall be amended to exclude any Medicare product or State- licensed entity specified by CMS. A separate agreement for any such excluded product or entity will be deemed to be in place when such request is made. [42 C.F.R. 422.504(k)(1) and(2)1 National Fitness Facility Services Agreement Page 43 of 46 01/01/2014 Attachment J-Medicare Advantage Addendum AMERICAN SPECIALTY HEALTH FITNESS,INC. FITNESS FACILITY SERVICES AGREEMENT ATTACHMENT K—GUIDELINES FOR TRADEMARK USE BY THIRD PARTIES American Specialty Health Incorporated ("ASH") counts among its most valuable assets the company's trademarks and the goodwill they represent. Protection of these marks is a priority for ASH. These guidelines on the proper use of ASH trademarks have been developed for Licensees and other third parties. The status of ASH trademarks is continually changing, and it may be necessary to revise these guidelines from time to time. These guidelines are designed to ensure proper legal usage of ASH trademarks, and to prevent consumer confusion that can result from improper or illegal usage. 1. Never vary the spelling, add or delete hyphens(even for normal hyphenation at the end of a line of text),make one word two, or use a possessive or plural form of the trademark. ASH trademarks are always used as adjectives followed by a generic term(such as"HMO") and never as nouns or verbs. 2. When using an ASH trademark on any materials that will be distributed or presented to the public,use the registered symbol® on the most prominent(or if none is prominent,the first)appearance of a trademark registered with the U.S. Patent and Trademark Office. For any ASH trademark that is not registered,the TM symbol should be used in place of the registered trademark symbol. Once marked, it is not normally necessary to mark subsequent appearances of the trademark in the same publication. 3. Every appearance of ASH logos and product names in stylized form should always appear with the appropriate®or TM symbol, and may be used only under license with ASH. Unauthorized use is strictly prohibited. 4. A logo is a graphical design that may include text and other design elements. ASH product signatures are logos created to identify products that are licensed or owned by ASH. Stylized trademarks or"logotypes"are those that appear in word form in a particular style of type by ASH. An example includes the following: El American Specialty Health* ASH logos, product signatures, or trademarks in stylized form may be used only if you have obtained a prior written license from ASH and your use complies with the terms and conditions of the license. Under no circumstance may you modify, distort or add to ASH logos,product signatures, or stylized trademarks. The term"American Specialty Health",when used to refer to products, is a trademark, and its use is governed by the guidelines above. However,when"American Specialty Health Incorporated"is used only to refer to ASH as a corporate name,no trademark marking or attribution is necessary. Therefore, do not use the®or TM symbols. National Fitness Facility Services Agreement Page 44 of 46 01/01/2014 Attachment K-Guidelines For Trademark Use By Third Parties AMERICAN SPECIALTY HEALTH FITNESS,INC. FITNESS FACILITY SERVICES AGREEMENT ATTACHMENT L—PROGRAM COMPENSATION SILVER&FIT BASIC FACILITY: The following compensation rate is for a Silver&Fit Basic Fitness Facility in the Silver&Fit Program: Standard Maximum Number of Monthly Compensation Benefit Program Compensation Visits Compensated Per Maximum Rate Month Silver&Fit Basic $28.00 1 $28.00 SILVER&FIT FULL FACILITY: The following compensation rate is for a Silver&Fit Full Fitness Facility in the Silver&Fit Program: Standard Maximum Number of Monthly Compensation Benefit Program Compensation Visits Compensated Per Maximum Rate Month Silver&Fit Full $28.00 1 $28.00 FITNESSCOACH PROGRAM: The following compensation rate is for the FitnessCoach Program: Standard Maximum Number of Monthly Compensation Benefit Program Compensation Visits Compensated Per Maximum Rate Month FitnessCoach $28.00 1 $28.00 ACTIVE&FIT PROGRAM: The following compensation rate is for the Active&Fit Program: Standard Maximum Number of Monthly Compensation Benefit Program Compensation Visits Compensated Per Maximum Rate Month Active&Fit $28.00 1 $28.00 National Fitness Facility Services Agreement Page 45 of 46 01/01/2014 Attachment L—Program Compensation PERSONAL TRAINER PROGRAM: The following compensation rate is for the Personal Trainer Program: Benefit Program Description Compensation Personal Trainer 1 session of Personal Trainer Services $45.00 Program (Limited to 1 session per day) (Includes Co-Payment) National Fitness Facility Services Agreement Page 46 of 46 01/01/2014 Attachment L—Program Compensation CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar September 17, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Alecia Rose, Approve modification to Business Associate Human Resources Division Agreement with Genesis due to reforms in the HITECH Act. Requested Action Move to: Approve modification to the Business Associate Agreement with Genesis due to reforms in the HITECH Act. Synopsis As required by the federal HITECH Act, modifications are now required to strengthen the privacy and security protections established under HIPAA for individual's health information maintained in electronic health records. Attachment Business Associate Agreement BUSINESS ASSOCIATE AGREEMENT [reflecting HITECH under ARRA] This Business Associate Agreement ("Agreement") is entered into by and between City of Eden Prairie on behalf of the Plan (as defined herein) ("Covered Entity") and Genesis Employee Benefits, Inc. ("Business Associate"). I. Purpose A. Business Associate is contractually obligated to provide certain services related to one or more "covered entities" as that term is defined and regulated under HIPAA. The parties to this Agreement acknowledge that (1) Business Associate is a "business associate" as that term is defined and regulated under the Health Insurance Portability and Accountability Act of 1996, as amended ("HIPAA"); and (2) Business Associate provides services to one of more "covered entities" as that term is defined and regulated under HIPAA. B. This Agreement is intended to constitute a "business associate" agreement between the Plan, as a Covered Entity, and the Business Associate, as required under the privacy and security provisions of HIPAA, as amended. Portions of HIPAA apply directly to Business Associate as provided in the Heath Information Technology for Economic and Clinical Health Act ("HITECH"), part of the American Recovery and Reinvestment Act of 2009 ("ARRA"). Business Associate's obligations under this Agreement may be the same as, or in some cases in addition to, Business Associate's own obligations under HIPAA as provided in HITECH. II. Special Definitions The following definitions are used by this Agreement: A. Agreement — means this Business Associate Agreement, which is an agreement required under 45 C.F.R. Section 164.314(a)(2) between a Business Associate and a Covered Entity. B. ARRA— means the American Recovery and Reinvestment Act of 2009. C. Breach — means the unauthorized acquisition, access, use, or disclosure of Protected Health Information regarding a Covered Individual that compromises the security or privacy of the Protected Health Information as determined in accordance with 45 C.F.R. Section 164.402. Notwithstanding the foregoing, a Breach does not include: (1) any unintentional acquisition, access, or use of Protected Health Information by an employee or individual acting under the authority of Covered Entity or Business Associate and in the scope of the employment or relationship between the employee or individual and Covered Entity or Business Associate, provided such information is not further acquired, accessed, used, or disclosed by any person without authorization; (2) any inadvertent disclosure by an individual who is authorized to access Protected Health Information at Covered Entity's or Business Associate's facility to another similarly situated individual at the same facility, provided such information is not further acquired, accessed, used, or disclosed by any person without authorization; and (3) a disclosure of Protected Health Information in a situation in which Business Associate has a good faith belief that the person(s) to which the unauthorized disclosure was made would not reasonably have been able to retain such information. 1 Business Associate Agreement [HITECH under ARRA] D. Business Associate — means Genesis Employee Benefits, Inc., a person described in 45 C.F.R. Section 160.103 who performs certain functions on behalf of a Covered Entity. E. Covered Electronic Transactions — shall have the meaning given to the term "transaction"in 45 C.F.R. Section 160.103. F. Covered Entity— means The Plan, an entity described in 45 C.F.R. Section 160.103. G. Covered Individual — means a person who is eligible for payment of certain services or supplies rendered or sold to the person or the person's eligible dependents under the terms, conditions, limitations, and exclusions of the Plan. H. Data Aggregation — means, with respect to Protected Health Information created or received by Business Associate in its capacity as a business associate (as that term is defined in 45 C.F.R. Section 160.103) of the Plan, the combining of such Protected Health Information by Business Associate with the Protected Health Information received by Business Associate in its capacity as a business associate of another covered entity (as those terms are defined in 45 C.F.R. Section 160.103), to permit data analyses that relate to the health care operations of the respective covered entities. I. Designated Record Set — means a group of records maintained by or for Covered Entity that is (1) the medical records and billing records about Individuals maintained by or for a covered health care provider, (2) the enrollment, payment, claims adjudication, and case or medical management record systems maintained by or for Covered Entity, or (3) used, in whole or in part, by or for Covered Entity to make decisions about Individuals. As used herein, the term "Record" means any item, collection, or grouping of information that includes Protected Health Information and is maintained, collected, used or disseminated by or for Covered Entity. J. Effective Date— means September 23, 2013 unless specifically noted otherwise herein. K. Electronic Health Record — means an electronic record of health-related information regarding an Individual that is created, gathered, managed, and consulted by authorized health care clinicians and their staff. L. Electronic Protected Health Information —shall have the same meaning as the term "electronic protected health information" in 45 C.F.R. 160.103, limited to the information created, received, maintained, or transmitted by Business Associate from or on behalf of Covered Entity. M. HITECH — means Heath Information Technology for Economic and Clinical Health Act. N. HHS — means the United States Department of Health and Human Services. 0. Including — means"including but not limited to." P. Individual — shall have the same meaning as the term "individual" in 45 C.F.R. Section 160.103 and shall include a person who qualifies as a personal representative in accordance with 45 C.F.R. Section 164.502(g). Q. Limited Data Set — shall have the same meaning as the term "limited data set" in 45 C.F.R. Section 164.514(e)(2). 2 Business Associate Agreement [HITECH under ARRA] R. Plan —"organized health care arrangement", as that term is defined in 45 C.F.R. Section 160.103, consisting of Medical Expense Reimbursement and VEBA Health Savings Plan (HC Account). S. Privacy Rule — means the Standards and Privacy of Individually Identifiable Health Information at 45 C.F.R. Part 160 and Part 164, subparts A and E and the privacy provisions of HIPAA, as amended. T. Protected Health Information — shall have the same meaning as the term "protected health information" in 45 C.F.R. 160.103, limited to the information created, received, maintained, or transmitted by Business Associate from or on behalf of Covered Entity. Protected Health Information specifically includes Electronic Protected Health Information. U. Provider — means a hospital or professional practitioner duly certified or licensed to provide health care services to Covered Individuals. V. Required By Law — shall have the same meaning as the term "required by law" in 45 C.F.R. Section 164.103. W. Secretary — means the Secretary of the Department of Health and Human Services or his/her designee. X. Security Incident — shall have the same meaning as the term "security incident" in 45 C.F.R. Section 164.304, unless defined differently in Covered Entity's policies and procedures for compliance with the Security Rule, which shall be provided to the Business Associate. Y. Security Rule — means the Security Standards and Implementation Specifications at 45 C.F.R. Part 160 and Part 164, subpart C and the security provisions of HIPAA, as amended. Z. Standards for Electronic Transactions Rule - means the final regulations issued by HHS concerning standard transactions and code sets under the Administrative Simplification provisions of HIPAA, 45 C.F.R. Part 160 and Part 162. AA. Subcontractor— means an agent of a Business Associate described in 45 C.F.R. Section 165.103 to whom the Business Associate provides protected health information that the Business Associate creates, receives, maintains, or transmits on behalf of a Covered Entity. BB. Unsecured Protected Health Information — means Protected Health Information that has not been rendered unusable, unreadable, or indecipherable to unauthorized individuals through the use of a technology or methodology specified by the Secretary. As of August 24, 2009, the Secretary has specified the following technologies and methodologies that will render Protected Health Information unusable, unreadable, and indecipherable (i.e., secured Protected Health Information): (1) encryption as described in the Secretary's guidance and determined by the National Institute of Standard and Technology to meet the standards described in such guidance, or (2) destruction, in accordance with the procedures identified in the Secretary's guidance, of the media on which the Protected Health Information was stored or recorded. III. Privacy Provisions 3 Business Associate Agreement [HITECH under ARRA] A. Introduction. Business Associate, on behalf of Covered Entity, performs or assists in the performance of functions and activities that may involve the use, disclosure, receipt and/or creation of Protected Health Information. The "business associate" provisions of the Privacy Rule govern the terms and conditions under which the Business Associate may use or disclose Protected Health Information. In general, Business Associate agrees and intends to act such that (1) Covered Entity can fulfill its responsibilities under HIPAA; and (2) Business Associate can fulfill its contractual obligations under this Agreement. In addition, Business Associate specifically acknowledges its direct liability for the failure to comply with certain portions of the Privacy Rule as provided under HITECH and the regulations issued thereunder. B. Permitted Uses and Disclosures by Business Associate. 1. Except as otherwise limited in this Agreement, Business Associate may use or disclose Protected Health Information (i) to perform functions, activities, or services for, or on behalf of, Covered Entity pursuant to any services agreement with the Business Associate (ii) as permitted or required by this Agreement and (iii) as Required by Law. Business Associate may disclose Protected Health Information to other business associates of Covered Entity, or to business associates of another covered entity that is part of an organized health care arrangement that includes Covered Entity, to the fullest extent allowed under applicable law. 2. Except as otherwise limited in this Agreement, Business Associate may use Protected Health Information for the proper management and administration of its business or to carry out its legal responsibilities. 3. Except as otherwise limited in this Agreement, Business Associate may disclose Protected Health Information for the proper management and administration of its business, if: i) the disclosures are Required by Law, or ii) Business Associate obtains reasonable assurances from the person to whom the information is disclosed that the information will be held confidentially and will be used or further disclosed only as Required by Law or for the purpose for which it was disclosed to such person, and the person will notify the Business Associate of any instances of which the person is aware in which the confidentiality of the information has been breached. 4. Except as otherwise limited in this Agreement, Business Associate may use Protected Health Information to provide Data Aggregation services to Covered Entity as permitted by 45 C.F.R. Section 164.504(e)(2)(i)(B). 5. Except as otherwise limited in this Agreement, Business Associate may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with 45 C.F.R. Section 164.502(j)(1). 6. Business Associate will limit the use, disclosure, or request of Protected Health Information, to the extent practicable, (i) to the Limited Data Set, or (ii) if needed by Business Associate, to the minimum necessary (as determined by Business Associate) to accomplish the intended purpose of such use, disclosure, 4 Business Associate Agreement [HITECH under ARRA] or request, except to the extent a broader use, disclosure, or request of Protected Health Information is allowed by the Privacy Rule. Business Associate's ability to satisfy the requirement of this Paragraph III.B.6 by use of the Limited Data Set shall be available until the effective date of subsequent guidance issued by the Secretary regarding what constitutes "minimum necessary," at which time Business Associate will take reasonable efforts to limit the use, disclosure, or request of Protected Health Information to the minimum necessary (as defined by such Secretary's guidance) to accomplish the intended purpose of such use, disclosure, or request, except to the extent a broader use, disclosure, or request of Protected Health Information is allowed by the Privacy Rule. 7. Except as otherwise authorized by the Privacy Rule, Business Associate shall not directly or indirectly receive remuneration (whether financial or nonfinancial) in exchange for any Protected Health Information of a Covered Individual unless Covered Entity has received a valid authorization from the Covered Individual that includes a specification of whether the Protected Health Information can be further exchanged for remuneration by the entity receiving Protected Health Information of that Covered Individual. 8. Except as otherwise allowed by the Privacy Rule, Business Associate may not use or disclose Protected Health Information regarding a Covered Individual with respect to a communication about a product or service that encourages recipients of the communication to purchase or use the product or service unless Covered Entity receives no direct or indirect payment in exchange for making such communication and the communication is made to the Covered Individual: (i) to describe a health-related product or service (or payment for such product or service) that is provided by, or included in, the Plan, including communications about the entities participating in a health care provider network or health plan network, replacement of, or enhancements to, the Plan, and health-related products or services available only to Covered Individuals that add value to, but are not part of, the Plan; (ii) for treatment of the Covered Individual; or (iii) for case management or care coordination for the Covered Individual, or to direct or recommend alternative treatments, therapies, health care providers, or settings of care to the Covered Individual. Notwithstanding the foregoing, Business Associate may use or disclose Protected Health Information regarding a Covered Individual with respect to a communication about a product or service that encourages recipients of the communication to purchase or use the product or service if the communication relates to a prescription drug that is currently being prescribed for a Covered Individual and any financial remuneration received by Covered Entity in exchange for making the communication is reasonably related to Covered Entity's cost of making the communication. C. Limitations on Business Associate's Uses and Disclosures. With respect to Protected Health Information that Business Associate creates, receives, maintains, or transmits on behalf of Covered Entity, Business Associate will not use or further disclose the Protected Health Information other than as permitted or required by this Agreement (including, but not limited to, any restrictions described in Section III.E.4) or as Required by Law. D. Additional Obligations of Business Associate. Except as otherwise specified in this Agreement, the provisions of this Paragraph III.D. apply only to Protected Health 5 Business Associate Agreement [HITECH under ARRA] Information that Business Associate creates, receives, maintains, or transmits on behalf of Covered Entity. 1. Safeguards. Business Associate will use appropriate safeguards to prevent the improper use of, disclosure of, and tampering with Protected Health Information and to reasonably and appropriately protect the confidentiality, integrity, and availability of the Protected Health Information. 2. Reporting and Mitigation. Business Associate will report to Covered Entity any acquisition, access, use, or disclosure of Protected Health Information of which Business Associate becomes aware, or that is reported to Business Associate by an agent or Subcontractor, that is in violation of this Agreement. Such report shall be made within ten (10) business days of its discovery (as that term is defined in 45 C.F.R. Section 164.410(a)(2)) by Business Associate. Business Associate agrees to promptly mitigate, to the extent practicable, any harmful effect that is known to Business Associate of an acquisition, access, use, or disclosure in violation of this Agreement. This obligation includes, but is not limited to, any acquisition, access, use, or disclosure of Unsecured Protected Health Information that may constitute a Breach. The determination of whether a Breach has occurred, and of the resultant action, shall be the responsibility of Covered Entity. 3. Agents and Subcontractors. Business Associate will enter into a written contract with any agent or Subcontractor who creates, receives, maintains, or transmits Protected Health Information on behalf of Business Associate that requires such agent or Subcontractor to comply with the same restrictions and conditions that apply by and through this Agreement to Business Associate with respect to such information. 4. Access to Protected Health Information. Within fifteen (15) days of a request by Covered Entity for access to Protected Health Information about a Covered Individual, Business Associate shall make available to Covered Entity or, as directed by Covered Entity, a Covered Individual such Protected Health Information contained in a Designated Record Set. If the Protected Health Information requested by Covered Entity is maintained in a Designated Record Set electronically, Business Associate shall make available, within the time period specified above, a copy of such information in the electronic form and format specified by Covered Entity, provided such information is readily producible in such form and format. If the information is not readily producible in such form and format, Business Associate shall make the information available in a readable electronic form and format as agreed to by the parties. In the event any Covered Individual requests access to Protected Health Information directly from Business Associate, Business Associate shall within five (5) days forward such request to Covered Entity. Notwithstanding anything herein to the contrary, Covered Entity shall be ultimately responsible for providing access to the requested Protected Health Information or making the determination to deny access to requested Protected Health Information. 5. Amendment of Protected Health Information. Within fifteen (15) days of receipt of a request from Covered Entity or a Covered Individual for the amendment of Protected Health Information or a record regarding a Covered Individual contained in a Designated Record Set, Business Associate shall (i) provide such information to Covered Entity for amendment, and (ii) incorporate 6 Business Associate Agreement [HITECH under ARRA] any such amendments in the Protected Health Information as required by 45 C.F.R. Section 164.526. It shall be Covered Entity's responsibility to promptly notify Business Associate of the request for an amendment. Notwithstanding anything herein to the contrary, Covered Entity shall be ultimately responsible for determining whether the requested amendment shall be made and, if the request is denied, in whole or in part, complying with 45 C.F.R. Section 164.526. 6. Disclosure Accounting. Business Associate agrees to track such disclosures of Protected Health Information and information related to such disclosures as is necessary to enable Covered Entity to respond to a request by a Covered Individual for an accounting of disclosures of Protected Health Information in accordance with 45 C.F.R. Section 164.528. Within fifteen (15) days of receipt of notice from Covered Entity that it has received a request for an accounting of disclosures of Protected Health Information regarding a Covered Individual, Business Associate shall make available to Covered Entity such information as is in Business Associate's possession and is required for Covered Entity to make the accounting required by 45 C.F.R. Section 164.528. At a minimum, Business Associate shall provide Covered Entity with the following information: (i) the date of the disclosure; (ii) the name of the entity or person who received the Protected Health Information, and if known, the address of such entity or person; (iii) a brief description of the Protected Health Information disclosed; and, (iv) a brief statement of the purpose of such disclosure which includes an explanation of the basis for such disclosure. Business Associate hereby agrees to implement an appropriate record keeping process to enable it to comply with the requirements of this section and applicable law. It shall be Covered Entity's responsibility to promptly notify Business Associate of the request for an accounting, and to prepare and deliver any such accounting requested. In addition to the forgoing, Business Associate shall track other disclosures and/or make available to Covered Entity such information as is necessary for Covered Entity to comply with any additional accounting requirements effective as of the compliance date applicable under final regulations implementing such requirements. Notwithstanding anything herein to the contrary, Covered Entity shall be ultimately responsible for providing the disclosure accounting to the Covered Individual. 7. Access to Business Associate's Internal Records. Business Associate shall make its internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by Business Associate on behalf of, Covered Entity available to Covered Entity or the Secretary, for the purposes of the Secretary's determining compliance with HIPAA for Covered Entity and/or Business Associate. 8. Electronic Transactions. In the event the Business Associate transmits or receives any Covered Electronic Transaction on behalf of Covered Entity, it shall comply with all applicable provisions of the Standards for Electronic Transactions Rule to the extent Required by Law, and shall ensure that any agents and Subcontractors that assist Business Associate in conducting Covered Electronic Transactions on behalf of Covered Entity agree in writing to comply with the Standards for Electronic Transactions Rule to the extent Required by Law. 7 Business Associate Agreement [HITECH under ARRA] E. Obligations and Rights of Covered Entity. 1. Notice of Privacy Practices. Covered Entity shall provide Business Associate with the notice of privacy practices that Covered Entity produces in accordance with 45 C.F.R. Section 164.520, as well as any changes to such notice. 2. Requests by Covered Entity. Covered Entity shall not request or direct Business Associate to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Rule if done by Covered Entity. This includes, but is not limited to, requests or directions for disclosure of Protected Health Information to the Plan sponsor in a capacity other than acting on behalf of the Plan as Covered Entity. To the extent a dispute or difference of opinion exists between the Business Associate and Covered Entity regarding whether a use or disclosure is permissible, Business Associate may disclose the Protected Health Information under objection pursuant to the specific, written direction of Covered Entity. Any disclosures made pursuant to such specific, written direction shall be subject to the indemnification provisions of the Agreement. 3. Changes in Permission. Covered Entity shall notify Business Associate of any changes in, or revocation of, permission by an Individual to use or disclose Protected Health Information, to the extent that such changes may affect Business Associate's use or disclosure of Protected Health Information. 4. Restrictions. Covered Entity shall notify Business Associate of any restriction to the use or disclosure of Protected Health Information to which Covered Entity has agreed in accordance with 45 C.F.R. Section 164.522, to the extent that such restriction may affect Business Associate's use or disclosure of Protected Health Information. Such restrictions include, but are not limited to, a Covered Individual's request not to disclose Protected Health Information for purposes of payment or health care operations where the Protected Health Information relates solely to a health item or service for which the health care provider has been paid in full out-of-pocket by, or on behalf of, the Covered Individual. 5. Agreement Breaches by Business Associate. If Covered Entity obtains knowledge of a pattern of activity or practice of Business Associate that constitutes a material breach or violation of Business Associate's obligations under this Agreement, Covered Entity will take reasonable steps to cure such breach or end such violation. If Covered Entity cannot successfully cure the breach or end the violation, Covered Entity shall terminate the Agreement in accordance with Section VI.B if feasible. 8 Business Associate Agreement [HITECH under ARRA] IV. Electronic Security Provisions A. Introduction. This section applies where Business Associate, on behalf of Covered Entity, performs or assists in the performance of functions and activities that may involve the creation, maintenance, receipt, or transmission of Electronic Protected Health Information. This Section IV along with the other sections of the Business Associate Agreement are (1) intended to meet the requirements of the "business associate" provisions of Security Rule, and (2) govern the terms and conditions under which the Business Associate may create, maintain, receive, and transmit Electronic Protected Health Information on behalf of Covered Entity. In general, Business Associate agrees and intends to act such that (1) Covered Entity can fulfill its responsibilities under HIPAA; (2) Business Associate can fulfill its responsibilities under HIPAA; and (3) Business Associate can fulfill its contractual obligations under this Agreement. B. Obligations of Business Associate. In accordance with the Security Rule, Business Associate agrees to: 1. Conduct a security risk assessment (in accordance with 45 C.F.R. Section 164.308(a)(1)(ii)(A)) and adopt and implement policies and procedures designed to ensure compliance with the Security Rule and this Agreement including, but not limited to, identifying a security officer and training personnel. 2. Implement administrative, physical and technical safeguards (including written policies and procedures) that reasonably and appropriately protect the confidentiality, integrity, and availability of the Electronic Protected Health Information that Business Associate creates, maintains, receives, or transmits on behalf of Covered Entity; 3. Report to Covered Entity any Security Incident of which Business Associate becomes aware within ten (10) business days of its discovery by the Business Associate; 4. Promptly mitigate, to the extent practicable, any harmful effect of a Security Incident that is known to Business Associate; and 5. Enter into a written contract with any agent or Subcontractor to whom Business Associate provides Electronic Protected Health Information that requires such agent or Subcontractor to comply with the same restrictions and conditions that apply under this Section IV to Business Associate, including, but not limited to, implementing reasonable and appropriate safeguards to protect such information. C. Obligations of Covered Entity. Covered Entity shall not request or direct Business Associate to create, maintain, receive, or transmit Electronic Protected Health Information in any manner that would not be permissible under the Security Rule. V. Breach Notification Requirements If Business Associate accesses, maintains, retains, modifies, records, stores, destroys, or otherwise holds, uses, or discloses Unsecured Protected Health Information, Business Associate shall notify Covered Entity of a Breach of such Unsecured Protected Health Information without unreasonable delay, but no later than sixty (60) days following discovery of the Breach. Such notice shall include an identification of each Covered Individual whose Unsecured Protected Health Information has been, or is reasonably believed by Business Associate to have been, accessed, acquired, or disclosed during such Breach and any other available information needed 9 Business Associate Agreement [HITECH under ARRA] by Covered Entity to enable it to comply with its notification obligations under the Privacy Rule and Security Rule. For purposes of this Section V, a Breach is deemed to have been discovered by Business Associate upon the first day on which such Breach is known, or by exercising reasonable diligence would have been known, to Business Associate (including any person, other than the individual committing the Breach, that is an employee, officer or agent of Business Associate (determined in accordance with the Federal common law of agency)). VI. Term and Termination A. Term. The Term of this Agreement will begin and become effective on the Effective Date and shall terminate when all of the Protected Health Information created or received by Business Associate on behalf of Covered Entity is destroyed or returned to Covered Entity, or, if it is infeasible to return or destroy Protected Health Information, protections are extended to such information, in accordance with the termination provisions in this Section VI. B. Termination. In the event that a party (the "non-breaching party") discovers and determines that the other party (the "breaching party") materially breached or violated any of its obligations under this Agreement, the non-breaching party will notify the breaching party of such breach in writing and may immediately terminate the Agreement upon notice to the breaching party or may provide the breaching party with an opportunity to take reasonable steps to cure the breach or end the violation, as applicable, within a mutually agreed upon period of time. If the breaching party's attempts to cure the breach or end the violation are unsuccessful within that period, without limiting the rights of the parties under the Agreement, the non-breaching party may immediately terminate the Agreement upon notice to the breaching party. C. Effect of Relationship Termination. 1. Except as provided in paragraphs (b) and/or (c) of this sub-section, upon termination of the Agreement, for any reason, Business Associate shall return or destroy all Protected Health Information created or received by it on behalf of Covered Entity. This provision shall apply to Protected Health Information that is in the possession of Business Associate and/or its Subcontractors or agents. Business Associate will not retain any copies of Protected Health Information. 2. In the event that Business Associate determines that returning or destroying Protected Health Information is infeasible, Business Associate will notify Covered Entity of the conditions that make return or destruction infeasible. Upon mutual agreement of the parties that return or destruction of Protected Health Information is infeasible, Business Associate will extend the protections of this Agreement to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as Business Associate maintains such Protected Health Information. 3. Should Covered Entity notify Business Associate that the information necessary to comply with the recordkeeping requirements under other applicable law includes the Protected Health Information, Business Associate shall return or provide to Covered Entity such information, including Protected Health Information. 10 Business Associate Agreement [HITECH under ARRA] VII. General Provisions A. Regulatory References. A reference in this Agreement to a section in the Privacy Rule or the Security Rule means the section as in effect or as amended. B. Amendment. The parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for Covered Entity and/or Business Associate to comply with the requirements of the Privacy Rule, the Security Rule, and the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191. C. Interpretation. Any ambiguity in this Agreement shall be resolved to permit each party to comply with the Privacy Rule and the Security Rule, if applicable. D. Survival. The respective rights and obligations under this Agreement shall survive the termination of this Agreement and any related agreement, Including a services agreement. E. Indemnity. Each party will indemnify, hold harmless, and defend the other party and its affiliates, officers, directors, employees or agents from and against any claim, cause of action, liability, damage, cost or expense, including attorneys' fees and court or proceeding costs, arising out of or in connection with any non-permitted or violating use or disclosure of Protected Health Information or other breach of this Agreement by such party or any Subcontractor, agent, person or entity under such party's control. F. No Third Party Beneficiaries. Nothing express or implied in this Agreement is intended to confer, nor shall anything herein confer, upon any person other than the parties hereto, any rights obligations, or liabilities whatsoever. G. Conformance with Law. The parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for the parties to comply with the requirements of HIPAA as they apply to each party. H. Action. For purposes of this Agreement, whenever action is required by a party to this Agreement, such action must be taken by a person or persons with authority to act on behalf of such party to this Agreement. I. Governing Law. This Agreement shall be governed by the law of Minnesota, except to the extent preempted by federal law. J. Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect. K. Notices. All notices and communications required by this Agreement shall be in writing. Such notices and communications shall be given in one of the following forms: (i) by delivery in person, (ii) by a nationally-recognized, next-day courier service, (iii) by first- class, registered or certified mail, postage prepaid; or (iv) by electronic mail to the address that each party specifies in writing. L. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and constitutes and supersedes all prior agreements, representations and understandings of the parties, written or oral, with regard to this same subject matter. Notwithstanding the foregoing, this Agreement is 11 Business Associate Agreement [HITECH under ARRA] intended to supplement (rather than supersede) the agreement between Business Associate and the sponsor of the Plan related to the services that Business Associate provides with respect to administration of the Plan. M. Counterparts. This Agreement may be executed in counterparts, each of which so executed shall be construed to be an original, but all of which together shall constitute one agreement binding on all parties, notwithstanding that all parties are not signatories to the same counterpart. Transmission by facsimile or electronic mail of an executed counterpart of this Agreement shall be deemed to constitute due and sufficient delivery of such counterpart. This Agreement and any amendment or modification may not be denied legal effect or enforceability solely because it is in electronic form, or because an electronic signature or electronic record was used in its formation. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth below. Business Associate: This 23rd day of September, 2013 By: ,Y4- f—' ,b-t. z on behalf of the Business Associate. Print Name: Lisa Baker Title: VP of Client Solutions Covered Entity: This day of , 201_ By: on behalf of the Covered Entity. Print Name: Title: 12 Business Associate Agreement [HITECH under ARRA] CITY COUNCIL AGENDA DATE: SECTION: Public Hearing September 17, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: Vacation 13-05 ITEM NO.: XI.A. Denise Christensen Vacation of the Public Right-of-Way over Cavallo Ridge as platted in BELLERIEVE, Public Works/Engineering Hennepin County, Minnesota Requested Action Move to: • Close the public hearing; and • Adopt the resolution vacating the public right-of-way over Cavallo Ridge as platted in Bellerieve as recorded in the Office of the County Recorder, Hennepin County, Minnesota. Synopsis The Bellerieve subdivision was platted with a public street named Cavallo Ridge to serve future homeowners. The developer now desires to have Cavallo Ridge be a private roadway. A 100% petition to request a vacation of the public right-of-way for Cavallo Ridge was received and approved by Council on August 20, 2013 as Resolution 2013-69. In order to vacate the public right-of-way the Council must now hold a public hearing to consider the vacation. The petitioner will need to provide easements to the lot owners and enter into an agreement with the City and the lot owners relating to maintenance and use of the private road and city utilities. The City will retain a drainage and utility easement over the right-of-way. Background Information Cavallo Ridge is a public road to be built in the Bellerieve subdivision which was approved by Council on November 20, 2012. The Developer now wishes to build Cavallo Ridge as a private road. As a result, the Developer wishes to have the public right-of-way vacated returning it back to private ownership. Attachments • Resolution • Location Map • Site Plan • Published Notice • Notification List CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO.2013- VACATION OF THE PUBLIC RIGHT-OF-WAY OVER CAVALLO RIDGE AS PLATTED IN BELLERIEVE VACATION 13-05 WHEREAS, the street right-of-way Cavallo Ridge has been dedicated in the plat of BELLERIEVE, Hennepin County,Minnesota, as public right-of-way(hereinafter referred to as"Right-of-Way"); and WHEREAS, on August 20, 2013, the City Council received a Petition to vacate the Right-of-Way from 100% of the property owners abutting Cavallo Ridge and set the Public Hearing for September 17, 2013; and WHEREAS, a Public Hearing was held on September 17, 2013 on the vacation of the Right-of-Way, after due notice was given to affected property owners and published in accordance with M.S.A. 412.851; and WHEREAS, the Council finds that the vacation of the Right-of-Way will not affect the comprehensive municipal plan; and WHEREAS,the Council finds that the vacation of the Right-of-Way is in the interest of the public; and WHEREAS, public and private utilities have been installed and are presently operated and maintained within the Right-of-Way, and therefore an easement for utility and drainage purposes will be retained over the Right-of-Way. NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as follows: 1. The Recitals are incorporated herein as if fully set forth. 2. The Right-of-Way is hereby vacated, subject to the City retaining a permanent drainage and utility easement over the entire Right-of-Way. 3. The City Clerk shall prepare a Notice of Completion of Proceedings in accordance with M.S.A. 412.851. 4. This Resolution is contingent upon and shall not be effective until the petitioner provides access easements to the lot owners and enters into an agreement with the City and the lot owners relating to maintenance and use of the private road and city utilities, all in form and substance satisfactory to the City. The City Clerk shall not present the Notice of Completion of Proceedings to the County Auditor or file it with the County Recorder/Registrar of Titles until the easements and agreements are fully executed and approved by the City Attorney. ADOPTED by the Eden Prairie City Council on September 17,2013. ATTEST: Nancy Tyra-Lukens,Mayor Kathleen Porta, City Clerk N �vv RD. �' �i cR0 NIBLICK TR. w -1 LA. J z J= S a pI o N �cF M�,F` z g w Q Z_ w C Z �, Q REEKRIDGE F z DEL ��. /�/DR.E z ` gIBALSk,KINGHAM R BLO rSOM RD. z` a2 38. W I pSOR 36. Q 0 98 i_ckoN POINT I, �W OS N TER. 3 g �UN� PER / 4//D N / Z �, o } 37. 0 OR/ �f BLUES> 1...1 oe SHERMAN 000 104. 'PAL �' JACKSONcl. ,II DR. a /` ,p �� LN. HO,pS ���! I Y �\ • > CT. z 118. i g .DR. Ain o / • o 10 N G R A% NFF 119. / i lif c�i z ..: :::, 440 ... • w q� LEE DR. '�_. 0L co O _. ...co.,. °° C9 ,... ..„ V z pW MER a RIDGE Z 42- �'E ARDR. 14GLEW00D 5VM ORR ��ERS C, �` 3 Oy �p QL. 0 LA. fr Z' -o J w pQ M 47. cYi Q ��c> g2. Q _ cr 0 f� y/<<S m 3 �' FRAN N �' 01 I-i oa a v. �, c° 49. 26 25 LO w v z 42 `� S z To 35 36 BLUFF h• Uv J�Dri G� ai o e �/NGT 0 ,`o • T116N R22\ i: : 50 ITE6i OOi. �'� 41,. WA O4,zo /RD. V Y S OR ce c�O �� ) QP`' _1 RD /F�l, PUDNa o 1 108. Q' gfLL o o \ 50,,0 BROOKVIEW 4i fSTgTe S > CIR U BOSS CIRCLE RIDGE RD. liver �o , 7 SHAK • FE - /I R221 tVAC 13-05 NORTH LOCATION MAP EXHIBIT A a c / , r cd \1fri NI N ~ F rr OO�p �nj W �h °CO Li) CO .\ WO (n hp \ 't...,1' o 0b4) 00 CL v 00 ti �` ''.90 00..3 \ 00 �. \ �Op o O �0 0 \ Wes ;` /26.72 :ill\ a¢869 � `O � ; °'��1j W I^ I2 1 ;; �� �'Sq\O.3. 4' I h I`V 5°40'56"W N I S'c' ' O Nks��o- lc)o �I30.09 1 _ �� N U) I 0.0=140.Og 'O / 53°2� ,93•\� S'e' , IQ N I N / W p0 l-� r , c� A /20.// _- '°CV / s p� 9 ,, cr Z=9y,0 ; l I , ,,,, N O O gyp_ co p / d=3/°42'42��"1' O N �- w in N N In ku N 0; INI to N N d �° W N(b LEGEND 1.44 1.0 co \ Ni- (\ 0 Denotes area to be vacated r4-\ 2 2 J in O 4.i [JJSUNDE 0 60 20 9001 East Bloomington Freeway 5420 .435e 118 Bloomington, Minnesota 55420-3435 952-881-2455 (Fax: 952-888-9526) SCALE I N FEET LAND SURVEYING www.sunde.com 2012-187 2012187—Exhibit A.dwg LFC • VACATION 13-05 NOTICE OF VACATION OF THE PUBLIC RIGHT-OF-WAY EASEMENT OVER CAVALLO RIDGE AS PLATTED IN BELLERIEVE Notice is hereby given that a public hearing will be held before the Eden Prairie City Council at the Eden Prairie City Hall, 8080 Mitchell Road, Eden Prairie, Minnesota, on September 17, 2013 at 7:00 p.m. to hear all persons present upon the proposed vacation of the public right-of-way easement over Cavallo Ridge as platted in Bellerieve as recorded in the Office of the County Recorder,Hennepin County. By Order of the City Council Published in the Eden Prairie News on August 29, 2013 NOTIFICATION LIST VACATION REQUEST 13-05 A copy of the Public Hearing Notice has been sent to owners of the following parcels: 36-116-22-31-0040 36-116-22-31-0041 36-116-22-31-0042 36-116-22-31-0043 36-116-22-31-0044 36-116-22-31-0045 36-116-22-32-0032 36-116-22-32-0033 36-116-22-32-0034 36-116-22-32-0035 36-116-22-33-0002 36-116-22-34-0002 A copy of the Public Hearing Notice has been sent to the following Utilities: CenterPoint Energy Century Link Communications Comcast Cable Xcel Energy CITY COUNCIL AGENDA DATE: SECTION: Public Hearings September 17, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX.B. Community Development/ Planning People's Organic Coffee &Wine Bar Janet Jeremiah/Julie Klima Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 1.25 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the Commercial Regional Service Zoning District on 1.25 acres; and • Direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Synopsis The project proposes the construction of a 4,975 square foot restaurant building. A waiver to the parking setback along Prairie Center Drive to allow a 10 foot setback is proposed. The Planning Commission recommended some minor revisions to the plans prior to City Council review. These revisions have been satisfied. The 120-Day Review Period Expires on December 4, 2013. Planning Commission Recommendation The Planning Commission voted 5-0 to recommend approval of the project at the August 26, 2013 meeting. Attachments 1. Ordinance 2. Resolution 3. Staff Report 4. Location Map 5. Land Use Map 6. Zoning Map 7. Aerial photo 8. Planning Commission Minutes PEOPLES ORGANIC COFFEE & WINE BAR CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. -2013-PUD- -2013 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, AMENDING CERTAIN LAND WITHIN A ZONING DISTRICT,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND,ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof Section 2. That action was duly initiated proposing that the land be amended within the Commercial Regional Service Zoning District_-2013-PUD-_-2013 (hereinafter "PUD-_- 2013- ). Section 3. The City Council hereby makes the following findings: A. PUD- -2013- is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2013- is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-_-2013- are justified by the design of the development described therein. D. PUD-_-2013- is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 4. The land shall be subject to the terms and conditions of that certain Development Agreement dated as of , 2013, entered into between , and the City of Eden Prairie, (hereinafter"Development Agreement"). The Development Agreement contains the terms and conditions of PUD-_-2013- , and are hereby made a part hereof Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the Commercial Regional Services District and shall be included hereafter in the Planned Unit Development_-2013- , and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of September, 2013, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the day of , 2013. ATTEST: Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie News on , 2013. EXHIBIT A PUD Legal Description — Lot 1, Block 2, Minnesota Tree Fourth Addition, City of Eden Prairie, Hennepin County, Minnesota. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2013- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF PEOPLES ORGANIC COFFEE &WINE BAR FOR WCL ASSOCIATES WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on August 23, 2013, for Peoples Organic Coffee &Wine Bar by WCL Associates and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on September 17, 2013. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Peoples Organic Coffee &Wine Bar,being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated September 4, 2013. 3. That the PUD Concept Plan meets the recommendations of the Planning Commission. ADOPTED by the City Council of the City of Eden Prairie this 17th day of September, 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept - Peoples Organic Coffee & Wine Bar Legal Description: Lot 1,Block 2,Minnesota Tree Fourth Addition,City of Eden Prairie,Hennepin County,Minnesota. STAFF REPORT TO: Planning Commission FROM: Julie Klima, Senior Planner DATE: August 23, 2013 PROJECT: People's Organic Coffee & Wine Bar LOCATION: South East corner of Valley View Road and Prairie Center Drive APPLICANT: WCL Associates OWNERS: Eden Prairie Marketplace LLC 120 DAY REVIEW: Expires December 4, 2013 REQUEST: 1. Planned Unit Development Concept Review on 1.25 acres 2. Planned Unit Development District Review with waivers on 1.25 acres 3. Zoning District Amendment within the Commercial Regional Service Zoning District on 1.25 acres 4. Site Plan Review on 1.25 acres BACKGROUND The Comprehensive Guide Plan shows the 1.25 acre property for Regional Commercial land use. Surrounding land uses consist of Regional Commercial and Office. The property is zoned Commercial Regional Service. In 2008, the City Council approved a plan for Eden Prairie Marketplace Retail, a 10,000 square foot retail building. MAJOR CENTER AREA STUDY The site is located in Subarea 1 of The Major Center Area Study. Subarea 1 is located north of Highway 5,west of I-494 and south of Valley View Drive. The current uses within Subarea 1 include retail with no forecasted significant increases in density or intensity. The MCA land use plan shows this site for Neighborhood Retail or Office. The proposed retail use is an appropriate use for Subarea 1. SITE PLAN The project is a 4,975 square foot restaurant building. The site has a base area/floor area ratio of 0.09. City code permits up to a 0.20 base area ratio and a 0.20 floor area ratio for a single story building in the Commercial Regional Service zoning district. Staff Report—Peoples Organic Coffee & Wine Bar August 23, 2013 Page 2 The proposed plan includes a pick up window on the south side of the building for coffee/bakery goods and for pick up orders for orders that have been previously placed by phone or online. The proposed plan provides for 140 seats, which requires 56 parking spaces. The proposed plan shows 66 spaces parking spaces. Therefore, the parking requirement is met. PLANNED UNIT DEVELOPMENT WAIVERS The following PUD waiver is proposed: 1. Front yard parking setback waiver to 10 feet along Prairie Center Drive. City Code requires 17.5 feet. This reduced setback was approved as a part of the previously approved plan in 2008. The reduced setback allows for additional stacking area at the pick up window. TREE REPLACEMENT AND LANDSCAPING There are 94 caliper inches of significant trees on the property. Tree loss is 56 inches, resulting in 44.4 caliper inches of tree replacement. The landscaping requirement is 15.5 caliper inches based on the building size. A total of 63.3 caliper inches are provided meeting code. GRADING AND DRAINAGE Four rainwater garden infiltration basins are provided along the south and north property lines to collect and treat stormwater. ARCHITECTURE The building meets the exterior building material standards of at least 75% face brick, natural stone, and glass on all elevations. The plan should be revised to include building materials for the trash enclosure that meet City Code. SIGNS The proposed wall signs meet city code. All sign permits will require review and approval through the sign permit process. Staff Report—Peoples Organic Coffee & Wine Bar August 23, 2013 Page 3 SITE LIGHTING A photometric plan will be required to be submitted at the time of building permit and will be required to meet City requirements. STAFF RECOMMENDATIONS Recommend approval of the following request: 1. Planned Unit Development Concept Review on 1.25 acres 2. Planned Unit Development District Review with waivers on 1.25 acres 3. Zoning District Amendment within the Commercial Regional Service zoning district on 1.25 acres 4. Site Plan Review on 1.25 acres This is based on plans stamp dated August 20, 2013 and the following conditions: 1. Prior to City Council Review, the proponent shall: A. Revise plans to meet the building materials requirements on the 3 elevations of the trash enclosure. B. Revise plans to meet the 20 foot side yard setback for the trash enclosure. C. Revise plans to provide for a 5 foot roadway easement south of Valley View Road on all plan sheets. D. Provide a draft easement document conveying the 5 foot roadway easement south of Valley View Road. E. Revise plans to provide striping in the pick up window drive lane to allow for double stacking lanes. 2. Prior to building permit issuance for the property, the proponent shall: A. Provide a photometric plan that complies with City requirements. B. Provide a tree replacement/landscaping surety equivalent to 150% of the cost of the landscaping plan for 63.3 caliper inches for review and approval. 3. The following waivers have been granted through the PUD District Review for the property: A. Front yard parking setback waiver to 10 feet. City Code requires 17.5 feet. 4. All signage shall require review and approval of a sign permit. Area Location Map - People's Organic Cafe Address: Southeast Corner of Valley View Road and Prairie Center Dr., Eden Prairie, Minnesota 55344 Valley View Road u . a Ilk 11 z_< Prairie Center Drive AZ, rPlaza Drive 0 5 700 Feet I i I i � LJ Guide Plan Map People's Organic Cafe Southeast corner of Valley View Road and Prairie Center Drive, Eden Prairie, MN 1 VALLE -y.110N _.._ AZ- 1 Prairie Center Drive Creekwood Park Jof E ' en Prairie Land Use Guide ' PI - • H H - • = 1 00-2020 Rural Residential 0.10 Units/Acre Neighborhood Commercial N Low Density Residential 0-2.5 Units/Acre Community Commercial Streams I/ / Low Density/Public/Open Space - Regional Commercial -Principal Arterial -A Minor Arterial Medium Density residential 2.5-10 Units/Acre ®Town Center 4•e • { 1 + ^ —B Minor Arterial DATE Approved 03-19-03 DATE Revised 12-06-06 Medium Density Residential/Office - Park/Open Space Major Collector DATE Revised 01-07-05 DATE Revised 03-01-07 - DATE Revised 11-07-05DATE Revised 06-01-07 EDEN - High Density Residential 10-40 Units/Acre Public/Quasi-Public DATE Revised 2-2323-06 DATE Revised 10-01-07 Minor Collector0 DATE Revised 03-23-06 DATE Revised 03-01-08 =Airport Golf Course DATE Revised 06-23-06 DATE Revised 03-01-09 Office - Church/Cemetary PRAIRIE Office/Industrial Open Water M j/j� Office/Public/Open Space Right-Of-Way 375 187.5 O ogamm�Me molNmmlNM®1�XnpneB1 1 .,,®3e75 Feet - Industrial Zoning Map People's Organic Cafe Southeast corner of Valley View Road and Prairie Center Drive, Eden Prairie MN uw, . i. vAL. Prairie Center Drive 5 , , lip Valley View Road City of Eden Prairie Z• ing : p Rural -Regional Commercial Shoreland Management Classifications N R1-44 One Family-44,000 sf.min. O TC-C I NE I Natural Environment Waters R1-22 One Family-22,000 sf min. -TC-R I RD I Recreational Development Waters R1-13.5 One Family-13,500 sf min. -TC-MU I GD I General Development Waters(Creeks Only) •7 � +�t. t R1-9.5 One Family-9,500 sf min. Industrial Park-2Acre Min, PZ 100- Year Floodplain RM-6.5 Multi-Family-6.7 U.P.A.max. Industrial Park- 5 Acre Min. EDEN -RM-2.5 Multi-Family-17.4 U.P.A.max.-General Industrial-5 Acre Min. Up dated through approved Ordinances#26-2008 Office Public Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition PRAIRIE Neighborhood Commercial Golf Course Date:March 1,2009 In case or discrepency related to a zoning classificalon on this zoning map,the ordinance LIVE•W C7R X•4F E h M Community Commercial Water and attached legal descrip tion on me at Eden pane city center will prevail. -Highway Commercial Right of Way -Regional Service Commercial Right of Way 0 0.05 0.1 Miles .,.._,...m..,��mo..,..�.,ti4..�o..o.a.,a ..,_..z7„d„ Aerial Map People's Organic Cafe Southeast corner of Valley View Road and Prairie Center Dr. Eden Prairie, MN 55344 ILI 1 ..1 _ " \ \\... "01 •!" -.11, ,--, ■ _ `., : .. i y ` Wil A c s 0 ge7� A� 44 "to . 3} ill AM a - _f C nI dgili — I r I�m SITE T a t 4 -1. ' P'' '1''IlrfPlitlililk T a i' IN „yaw_____, • 1 11.0=mormii.7 Ir.iozr?-4v,r. - ,.. t . iliord41* -,. • ' A 4 Cr - - j • 1. a A. x _01, R�ygio-i9 �. Prairie Center Drive ��� I r_ y". i� ) , e,. ,,ft* -. ,id ... ••W -s 1. t" Ir, ; --r i / ram . L.:-r' ,:I I .1: ' I.:.1 4:d 7j:. LI' �N, _.1 . _ ,.„ `, 11 ev.' ,c. 1 4 eet �. 7 4... . :.\\_:_t. gil I . ,......„43...„:4 ...., UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,AUGUST 26, 2013 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Jon Stoltz, Katie Lechelt, Jacob Lee, Travis Wuttke, Steven Frank, Ann Higgins, Mary Egan STAFF MEMBERS: Michael Franzen, City Planner Julie Klima, Senior Planner Stu Fox, Manager of Parks and Natural Resources Rod Rue, City Engineer Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Vice Chair Lee called the meeting to order at 7:00 p.m. Higgins, Kirk and Stoltz were absent. II. APPROVAL OF AGENDA MOTION by Wuttke, seconded by Frank, to approve the agenda. Motion carried 5-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON AUGUST 12, 2013 MOTION by Frank, seconded by Wuttke, to approve the minutes. Motion carried 3-0. Frank and Lee abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. PEOPLE'S ORGANIC COFFEE & WINE BAR by WCL Associates Location: Corner of Prairie Center Drive and Valley View Road Request for: August 26, 2013 Page 2 • Planned Unit Development Concept Review on 1.25 acres • Planned Unit Development District Review with waivers on 1.25 acres • Zoning District Amendment within the Commercial Regional Service Zoning District on 1.25 acres • Site Plan Review on 1.25 acres Dave Clark, architect for WCL Associates,presented the proposal. He stated the site is across the street from the Home Depot. People's Organic Coffee & Wine Bar is associated with French Meadow Bakery, one of the longest running organic bakeries in the states. This is a franchise from French Meadow Bakery and will have some of the same menu items. There will be a pick up window on the side of the building. There is also a shared access point with Rainbow. There will be outdoor seating, similar to the setup at People's Organic in the Galleria. Vice Chair Lee asked Klima to review the staff report. Klima stated staff recommendation is for approval of this project. Vice Chair Lee opened the meeting up for public input. There was no input. Egan said there was a notation about a transportation study in the applicant's letter, item 14 D, and questioned if this would be completed. Rue said he did not recall a conversation in regards to this but will check into this. He stated if there was a study that was previously done they would have to compare the studies. Vice Chair Lee said at times traffic in that area can be hazardous when people are turning left. Franzen said people share driveways to get out on a controlled intersection. Frank said he saw some conditions listed in the staff report and questioned if they had to be done first. Franzen said those are minor things and should not impact tonight's vote. MOTION by Frank, seconded by Wuttke, to close the public hearing. Motion carried 5-0. MOTION by Frank, seconded by Wuttke, to recommend approval of the Planned Unit Development Concept Review on 1.25 acres, Planned Unit Development District Review with waivers on 1.25 acres, Zoning District Amendment within the Commercial Regional Service Zoning District on 1.25 acres and Site Plan Review on 1.25 acres based on plans stamped dated August 20, 2013 and the staff report dated August 23, 2013. Motion carried 5-0. August 26, 2013 Page 3 VII. PLANNERS' REPORT No report. VIII. MEMBERS' REPORT A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL No report. IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Wuttke, seconded by Frank, to adjourn the meeting. Motion carried 5-0. There being no further business, the meeting was adjourned at 7:12 p.m. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims September 17, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X. Sue Kotchevar, Office of the Payment of Claims City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted (roll call vote) Synopsis Checks 227905 —228141 Wire Transfers 1004745 — 1004874 Wire Transfers 4813 —4821 4820 July Purchasing Card Payment City of Eden Prairie Council Check Summary 9/17/2013 Division Amount Division Amount General 71,417 601 Prairie Village Liquor 90,073 100 City Manager 1,160 602 Den Road Liquor 161,211 101 Legislative 6,029 603 Prairie View Liquor 95,693 102 Legal Counsel -591 605 Den Road Building 1,957 110 City Clerk 8 701 Water Fund 273,637 111 Customer Service 2,597 702 Sewer Fund 17,736 112 Human Resources 289 703 Storm Drainage Fund 76,287 113 Communications 407 Total Enterprise Funds 716,593 114 Benefits&Training 2,820 130 Assessing 160 803 Escrow Fund 40,583 131 Finance 480 806 SAC Agency Fund 36,525 132 Housing and Community Services 480 807 Benefits Fund 396,505 133 Planning 381 811 Property Insurance 1,150 136 Public Safety Communications 546 812 Fleet Internal Service 55,971 137 Economic Development 97 813 IT Internal Service 15,627 138 Community Development Admin. 7 814 Facilities Capital ISF 25,422 150 Park Administration 360 815 Facilites Operating ISF 46,900 151 Park Maintenance 44,075 816 Facilites City Center ISF 50,735 153 Organized Athletics 158 817 Facilites Comm.Center ISF 64,675 154 Community Center 11,105 Total Internal Service Funds 734,093 155 Beaches 5 156 Youth Programs 5,342 157 Special Events 71 Report Total 2,412,655 158 Senior Center 4,023 159 Recreation Administration 130 160 Therapeutic Recreation 61 161 Oak Point Pool 300 162 Arts 1,448 163 Outdoor Center 3,237 164 Park Rental Facilities 769 168 Arts Center 468 180 Police 8,820 183 Emergency Preparedness 104 184 Fire 2,764 186 Inspections 812 200 Engineering 1,397 201 Street Maintenance 73,864 202 Street Lighting 790 Total General Funds 246,391 301 CDBG 22,082 303 Cemetary Operation 43 304 Senior Board 264 308 E-911 278 309 DWI Forfeiture 21 Total Special Revenue Funds 22,688 445 Cable PEG 933 Total Debt Service Funds 933 315 Economic Development 6,050 502 Park Development 3,426 509 CIP Fund 5,500 512 CIP Trails 119,766 513 CIP Pavement Management 5,304 522 Improvement Projects 2006 139,137 528 Shady Oak Rd-CR 61 North 412,774 Total Capital Project Funds 691,957 City of Eden Prairie Council Check Register 9/17/2013 Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1004844 410,560 MAX STEININGER INC Improvement Contracts Shady Oak Rd-CR 61 North Improvements Shady Oak/61 North 4814 232,842 CERIDIAN State Taxes Withheld Health and Benefits Taxes Withheld 228127 139,137 SUNRAM CONSTRUCTION Improvement Contracts Improvement Projects 2006 Bluestem Lane Slope Stabilization Project 4817 136,196 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits PERA 1004805 124,356 XCEL ENERGY Electric Public Safety Communications Monthly Utility 227919 118,720 BITUMINOUS ROADWAYS INC Improvement Contracts CIP Trails 2013 Trail Overlays&Reconstruction 228003 49,500 PRECISION SEALCOATING INC Crack Filling Street Maintenance 228089 45,829 JOHNSON BROTHERS LIQUOR CO Liquor Prairie Village Liquor Store 1004851 43,484 PARROTT CONTRACTING INC Equipment Repair&Maint Water System Maintenance 228079 38,250 GROOTWASSINK,ROBERT Deposits Escrow 228108 37,279 MOELTER GRAIN INC Lime Residual Removal Water Treatment Plant 1004766 36,146 HANSEN THORP PELLINEN OLSON Improvements to Land Park Acquisition&Dev Fixed A 227974 33,890 JOHNSON BROTHERS LIQUOR CO Liquor Den Road Liquor Store 227926 32,041 CHAMPION COATINGS Other Contracted Services Water Capital 228100 31,338 METROPOLITAN COUNCIL Due to Other Governments SAC Agency Fund 4820 30,654 US BANK Deposits Escrow 228104 29,256 MINNESOTA DEPT OF HEALTH Licenses,Permits,Taxes Water Testing 228138 27,260 WIRTZ BEVERAGE MINNESOTA Liquor-Incentives Prairie View Liquor Store 1004758 25,604 DIVERSE BUILDING MAINTENANCE Janitor Service Public Works/Parks 228139 24,574 WIRTZ BEVERAGE MINNESOTA BEER Beer Prairie Village Liquor Store 1004824 24,530 DIVERSE BUILDING MAINTENANCE Janitor Service Den Road Liquor Store 1004806 24,280 YOCUM OIL COMPANY INC Motor Fuels Fleet Operating 228122 23,405 SOUTHERN WINE&SPIRITS OF MN Transportation Prairie Village Liquor Store 1004775 22,519 MCQUAY INTERNATIONAL Other Contracted Services Facilities Capital 228054 22,050 CAMBRIA TITLE LLC Refunds CDBG-Public Service 228012 21,357 SOUTHERN WINE&SPIRITS OF MN Transportation Den Road Liquor Store 4816 21,206 ING Deferred Compensation General Fund 227907 20,669 ABM JANITORIALSERVICES-NORTH C Janitor Service City Hall-CAM 228032 18,924 WIRTZ BEVERAGE MINNESOTA Liquor-Incentives Den Road Liquor Store 228095 15,870 MAGNEY CONSTRUCTION INC Equipment Repair&Maint Water Treatment Plant 4815 15,235 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 228078 14,746 GRAYMONT Treatment Chemicals Water Treatment Plant 1004865 13,486 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 228140 13,416 LIFE INSURANCE COMPANY OF NORT Life Insurance EE/ER Health and Benefits 1004792 13,289 SRF CONSULTING GROUP INC Design&Engineering Sewer Capital 228088 12,859 JJ TAYLOR DISTRIBUTING MINNESO Transportation Prairie Village Liquor Store 4818 12,065 GENESIS EMPLOYEE BENEFITS,INC HRA Health and Benefits 1004795 12,046 THORPE DISTRIBUTING Beer Den Road Liquor Store 228130 11,705 TRAFFIC MARKING SERVICE INC Contracted Striping Traffic Signs 228033 11,188 WIRTZ BEVERAGE MINNESOTA BEER Beer Den Road Liquor Store 227952 10,984 GRAYMONT Treatment Chemicals Water Treatment Plant 1004823 10,448 DAY DISTRIBUTING Beer Prairie Village Liquor Store 227971 10,230 JJ TAYLOR DISTRIBUTING MINNESO Transportation Den Road Liquor Store 228007 9,858 RUFFRIDGE JOHNSON EQUIPMENT CO Machinery&Equipment Public Works 1004757 9,854 DAY DISTRIBUTING Beer Prairie View Liquor Store 228022 9,342 TRAFFIC MARKING SERVICE INC Contracted Striping Traffic Signs 1004753 9,170 CENTERPOINT ENERGY SERVICES IN Gas Public Works/Parks 227950 8,680 GOODPOINTE TECHNOLOGY (C/O ZO Other Contracted Services Park Maintenance 228056 8,518 COMMERCIAL ASPHALT CO Asphalt Overlay Street Maintenance Check# Amount Vendor/Explanation Account Description Business Unit Explanation 228114 8,460 PHILLIPS WINE AND SPIRITS INC Transportation Prairie Village Liquor Store 228113 8,072 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store 1004799 7,742 VAN PAPER COMPANY C H Robinson-Cleaning Suppli City Hall-Direct Costs 227998 6,660 PHILLIPS WINE AND SPIRITS INC Liquor Den Road Liquor Store 1004817 6,598 BRAUN INTERTEC CORPORATION Testing-Soil Boring Storm Drainage Projects 227929 6,050 CITYSCAPE CONTRACTORS INC Other Contracted Services Project Fund 227993 6,011 NORTH STAR PUMP SERVICE Equipment Repair&Maint Sewer Liftstation 1004855 5,602 RECREONICS Operating Supplies Round Lake 228075 5,304 GOODPOINTE TECHNOLOGY (C/O ZO Design&Engineering CIP Pavement Management 228025 5,269 UNITED STATES CONFERENCE OF MA Dues&Subscriptions City Council 227997 5,113 PAUSTIS&SONS COMPANY Transportation Den Road Liquor Store 228083 5,111 HOHENSTEINS INC Beer Den Road Liquor Store 1004842 5,086 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating 1004860 4,995 STAR EQUIPMENT INC Contract Svcs-General Bldg City Hall-CAM 228074 4,649 GENERAL REPAIR SERVICE Repair&Maint.Supplies Water Treatment Plant 1004778 4,451 METRO SALES INCORPORATED* Other Rentals IT Operating 1004771 4,347 LAWN RANGER,INC,THE Contract Svcs-Lawn Maint City Center Operations 227967 4,265 INFRARED CONSULTING SERVICES I Contract Svcs-Electrical City Hall-CAM 228037 4,174 ALTERNATIVE BUSINESS FURNITURE Supplies-General Building City Center Operations 227994 4,088 NORTHLAND SYSTEMS INC Inside Equipment Repair&Main IT Operating 228068 4,004 ELECTRICAL INSTALLATION&MAIN Process Control Equipment Water Treatment Plant 227953 3,980 GREY,BRIAN L Design&Engineering Water Treatment Plant 228052 3,679 BRYAN ROCK PRODUCTS INC Gravel Storm Drainage 1004873 3,542 WSB&ASSOCIATES INC Other Contracted Services Park Acquisition&Development 1004832 3,523 GRAINGER Supplies-HVAC Dunn Brothers 1004835 3,436 HAWKINS INC Treatment Chemicals Water Treatment Plant 228125 3,411 STEVENS ENGINEERS Other Contracted Services Facilities Capital 228135 3,323 VOLT Other Contracted Services Storm Drainage 227948 3,206 GARY CARLSON EQUIPMENT Repair&Maint.Supplies Storm Drainage 227915 3,161 BARR ENGINEERING COMPANY Design&Engineering Storm Drainage 1004789 3,120 RIVERS EDGE CONCRETE Repair&Maint.Supplies Storm Drainage 1004821 3,090 CENTURYLINK Telephone IT Telephone 1004810 3,065 A-SCAPE INC Contract Svcs-Lawn Maint. Den Bldg.-CAM 228045 3,010 BARR ENGINEERING COMPANY Other Contracted Services Storm Drainage 227957 3,000 HALF PINT HORSES Instructor Service Outdoor Center 228137 2,817 WINE MERCHANTS INC Transportation Prairie Village Liquor Store 1004843 2,729 LUBRICATION TECHNOLOGIES INC Lubricants&Additives Fleet Operating 1004839 2,723 ITRON INC. Maintenance Contracts Water Metering 228110 2,695 MUELLER CO Repair&Maint.Supplies Water Metering 228009 2,665 SHORT ELLIOTT HENDRICKSON INC Design&Engineering Storm Drainage 227943 2,604 DPC INDUSTRIES INC Treatment Chemicals Water Treatment Plant 1004871 2,571 WM MUELLER AND SONS INC Landscape Materials/Supp Park Maintenance 1004830 2,539 GENUINE PARTS COMPANY Equipment Repair&Maint Park Maintenance 227966 2,464 IMPACT PROVEN SOLUTIONS Other Contracted Services Sewer Accounting 228050 2,384 BLOOMINGTON,CITY OF Kennel Services Animal Control 228134 2,314 VINOANDES Transportation Prairie Village Liquor Store 227965 2,205 HOME DEPOT CREDIT SERVICES Supplies-General Bldg Outdoor Center Facilities 228018 2,200 THYMES TWO INC Contract Svcs-Lawn Maint Arts Center 228031 2,185 WINE MERCHANTS INC Transportation Den Road Liquor Store 228028 2,142 VOLT Other Contracted Services Storm Drainage 1004848 2,138 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Storm Drainage 228085 2,100 HYDRO-VAC INC Equipment Repair&Maint Storm Drainage 1004820 1,939 CENTERPOINT ENERGY Gas Homeward Hills Park Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1004803 1,934 WINE COMPANY,THE Transportation Den Road Liquor Store 227964 1,929 HOHENSTEINS INC Beer Den Road Liquor Store 1004856 1,917 RIVERS EDGE CONCRETE Asphalt Overlay Street Maintenance 1004777 1,866 METRO ELEVATOR INC Contract Svcs-Elevator City Hall-CAM 4821 1,858 GENESIS EMPLOYEE BENEFITS,INC Other Contracted Services Health and Benefits 228107 1,786 MINNESOTA SAFETY SERVICES LLC Instructor Service Pool Lessons 228128 1,650 SUSTEEN INC Software Maintenance IT Operating 1004756 1,634 DAKOTA SUPPLY GROUP INC Supplies-Electrical Fitness/Conference-Cmty Ctr 1004748 1,624 BELLBOY CORPORATION Transportation Den Road Liquor Store 228044 1,622 BADGER STATE INSPECTION LLC Deposits Escrow 228126 1,601 SUBURBAN TIRE WHOLESALE INC Tires Fleet Operating 1004815 1,595 BELLBOY CORPORATION Transportation Prairie Village Liquor Store 1004853 1,580 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Fire Station#2 1004804 1,566 WORK CONNECTION,THE Other Contracted Services Park Maintenance 227990 1,534 MINNESOTA RESTAURANT SERVICES Contract Svcs-Electrical Garden Room Repairs 1004870 1,501 WINE COMPANY,THE Transportation Prairie Village Liquor Store 228097 1,500 MARTIN-MCALLISTER Employment Support Test Organizational Services 1004864 1,489 TESSCO INC Equipment Parts Fleet Operating 228030 1,440 WIDMER CONSTRUCTION LLC Equipment Repair&Maint Water System Maintenance 227978 1,438 LAKELAND ENGINEERING EQUIP CO Repair&Maint.Supplies Water Treatment Plant 1004765 1,433 HACH COMPANY Laboratory Chemicals Water Treatment Plant 228019 1,420 TITAN ENERGY SYSTEMS Contract Svcs-Fire/Life/Safe Public Works/Parks 227910 1,397 AMES CONSTRUCTION INC Improvement Contracts Storm Drainage 1004852 1,390 POMP'S TIRE SERVICE INC Tires Fleet Operating 228059 1,349 COSTCO Miscellaneous City Council 1004845 1,346 MCNEILUS STEEL INC Equipment Parts Fleet Operating 1004764 1,310 GRAINGER Supplies-Plumbing City Center Operations 1004872 1,304 WORK CONNECTION,THE Other Contracted Services Park Maintenance 228070 1,296 FINLEY BROS INC Building Materials Park Maintenance 1004774 1,233 LYNDALE PLANT SERVICES Contract Svcs-Int.Landscape City Hall-CAM 1004826 1,230 FASTENAL COMPANY Operating Supplies Park Maintenance 1004818 1,224 CANNON RIVER WINERY Wine Domestic Prairie Village Liquor Store 1004809 1,224 ANCHOR PAPER COMPANY Office Supplies Customer Service 227911 1,215 ARTISAN BEER COMPANY Beer Den Road Liquor Store 228118 1,186 RETROFIT RECYCLING INC Supplies-Electrical Fitness/Conference-Cmty Ctr 1004836 1,152 HD SUPPLY FACILITIES MAINTENAN Supplies-Plumbing Park Shelters 1004750 1,150 BOBBY&STEVE'S AUTO WORLD EDE Insurance Property Insurance 227986 1,139 MINNESOTA CONWAY Contract Svcs-Fire/Life/Safe Prairie Village Liquor Store 227972 1,042 JMS CUSTOM HOMES Deposits Escrow 228020 1,028 TKO WINES,INC Wine Domestic Den Road Liquor Store 228129 1,022 TKO WINES,INC Wine Domestic Prairie Village Liquor Store 228077 1,017 GRAPE BEGINNINGS Transportation Prairie Village Liquor Store 228006 1,013 RIGHTWAY GLASS INC Equipment Repair&Maint Fleet Operating 228062 1,000 DALE GREEN COMPANY,THE Asphalt Overlay Street Maintenance 227939 1,000 DEPARTMENT OF HUMAN SERVICES Other Contracted Services Park Maintenance 1004800 998 VINOCOPIA Transportation Den Road Liquor Store 228065 994 DOMACE VINO Transportation Prairie Village Liquor Store 227962 935 HIGHWAY 5 BP Equipment Repair&Maint Police 1004833 933 GRANICUS INC Equipment Repair&Maint Cable PEG 228029 929 WHEELER LUMBER LLC Building Materials Richard T.Anderson Cons.Area 228073 889 GE CAPITAL Other Rentals IT Operating 228043 881 ARTISAN BEER COMPANY Beer Prairie Village Liquor Store 1004796 877 TOLL GAS AND WELDING SUPPLY Equipment Parts Fleet Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 1004798 876 TWIN CITY SEED CO Landscape Materials/Supp Park Maintenance 1004868 864 VINOCOPIA Transportation Den Road Liquor Store 227968 852 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 228087 852 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 228055 851 CENTURYLINK Process Control Services Water Treatment Plant 4813 850 CERIDIAN Garnishment Withheld General Fund 227934 841 CRETEX SPECIALTY PRODUCTS Repair&Maint.Supplies Sewer System Maintenance 227985 831 MIDWEST COCA COLA BOTTLING COM Misc Non-Taxable Den Road Liquor Store 228058 828 CONTINENTAL RESEARCH CORPORATI Cleaning Supplies City Hall-CAM 1004812 812 ASSOCIATED BAG COMPANY Operating Supplies Inspections-Administration 227975 807 KEEPERS Clothing&Uniforms Police 228060 802 CRETEX CONCRETE PRODUCTS MIDWE Equipment Parts Storm Drainage 228103 800 MINNESOTA DEPARTMENT OF HEALTH Licenses&Taxes Water Treatment Plant 228132 799 US HEALTH WORKS MEDICAL GRP MN Health&Fitness Fire 228102 768 MINNESOTA CONWAY Contract Svcs-Fire/Life/Safe Fire Station#4 1004772 768 LITTLE FALLS MACHINE INC Equipment Parts Fleet Operating 228048 763 BECKER ARENA PRODUCTS INC Contract Svcs-Ice Rink Ice Arena Maintenance 1004797 757 TWIN CITY FILTER SERVICE INC Building Repair&Maint. Utility Operations-General 227976 746 KODIAK CUSTOM LETTERING INC Clothing&Uniforms Community Center Admin 228021 713 TRADITIONS RESTAURANT Special Event Fees Senior Center Programs 228047 671 BAUER BUILT TIRE AND BATTERY Tires Fleet Operating 228099 670 MEDICINE LAKE TOURS Special Event Fees Trips 228049 668 BERNICK'S WINE Beer Den Road Liquor Store 1004755 666 CUSTOM HOSE TECH Equipment Parts Fleet Operating 1004837 625 HIRSHFIELD'S Repair&Maint.Supplies Water Treatment Plant 228042 612 AQUA ENGINEERING INC Equipment Repair&Maint Water Treatment Plant 227951 571 GRAND PERE WINES INC Transportation Den Road Liquor Store 1004869 555 WATSON CO INC,THE Merchandise for Resale Concessions 1004862 540 STREICHERS Clothing&Uniforms Reserves 1004763 540 GOVDELIVERY Software Maintenance IT Operating 227921 536 BRIN NORTHWESTERN GLASS COMPAN Contract Svcs-General Bldg Park Shelters 227938 520 DELEGARD TOOL CO Equipment Parts Fleet Operating 228008 506 SHAMROCK GROUP,INC-ACE ICE Transportation Den Road Liquor Store 228023 504 TURFWERKS Equipment Repair&Maint Park Maintenance 227916 500 BENAVIDES,FRANCISCO Operating Supplies Summer Theatre 228041 495 APWA-MN CHAPTER Conference/Training Engineering 228013 479 STAPLES ADVANTAGE Office Supplies Customer Service 227999 466 PINNACLE DISTRIBUTING Misc Taxable Den Road Liquor Store 228086 465 INSIDE THE TAPE Tuition Reimbursement/School Police 1004783 453 PETERSON BROS ROOFING AND CONS Contract Svcs-Roof Fire Station#2 228133 452 VERIZON WIRELESS Telephone E-911 Program 1004747 451 BATTERIES PLUS Supplies-Electrical Prairie Village Liquor Store 228002 450 PRAIRIE RESTORATIONS INC Other Contracted Services Storm Drainage 228084 440 HOTSY EQUIPMENT OF MINNESOTA Equipment Repair&Maint Fleet Operating 1004834 439 GREATAMERICA FINANCIAL SVCS Postage Customer Service 228115 432 PROP United Way Withheld General Fund 227945 422 EDEN PRAIRIE ROTARY CLUB Dues&Subscriptions Administration 228111 417 NEW AMERICAN ACADEMY Other Contracted Services Housing and Community Service 1004768 412 J&D WINDOW CLEANING Janitor Service-General Bldg Prairie View Liquor Store 227973 412 JOHN DEERE LANDSCAPES/LESCO Repair&Maint.Supplies Park Maintenance 1004811 411 ASPEN WASTE SYSTEMS INC. Waste Disposal Public Works/Parks 1004776 410 MENARDS Supplies-General Bldg Riley House 227989 405 MINNESOTA ELEVATOR INC Contract Svcs-Elevator Public Works/Parks Check# Amount Vendor/Explanation Account Description Business Unit Explanation 228001 405 PLEHAL BLACKTOPPING INC Other Rentals Street Maintenance 228120 403 SHAMROCK GROUP,INC-ACE ICE Transportation Prairie Village Liquor Store 228063 400 DAVANNI'S PIZZA Merchandise for Resale Concessions 228096 399 MARCO INC Operating Supplies IT Operating 1004816 397 BIFFS INC Waste Disposal Park Maintenance 1004793 397 STAR TRIBUNE MEDIA COMPANY LLC Dues&Subscriptions Communications 228123 395 ST PAUL POLICE DEPARTMENT-PDI Tuition Reimbursement/School Police 227922 389 BRISTOL GLOBAL MOBILITY LLC AR Utility Water Enterprise Fund 1004854 362 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 1004784 361 PEZON,BRIANNA Mileage&Parking Park Facilities 1004861 355 STONEBROOKE Equipment Parts Fleet Operating 228034 350 4 EVER EXERCISE EQUIPMENT REPA Equipment Repair&Maint Police 227955 346 GS DIRECT Operating Supplies Engineering 228124 344 STAPLES ADVANTAGE Office Supplies Customer Service 228098 344 MCCARTHY,ARDIS Deposits-P&R Refunds Community Center Admin 1004822 328 CERIDIAN Ceridian IT Operating 227925 328 CENTURYLINK Telephone IT Telephone 228093 325 LAVAN FLOOR COVERING Contract Svcs-Gen.Bldg City Center Operations 228051 323 BROTHERS FIRE PROTECTION Contract Svcs-Fire/Life/Safe Fitness/Conference-Cmty Ctr 1004751 320 BOYER TRUCKS Equipment Parts Fleet Operating 1004874 306 XCEL ENERGY Electric Forest Hills Park 228069 301 ENVIRONMENTAL EQUIPMENT&SERV Equipment Parts Fleet Operating 1004846 300 MENARDS Repair&Maint.Supplies Water Treatment Plant 228112 292 NORTHLAND BUSINESS SYSTEMS Office Supplies Police 1004769 277 JANEX INC Janitor Service Fitness/Conference-Cmty Ctr 1004745 275 ARVIDSON,JAKE Mileage&Parking Tree Disease 227977 274 LAKE COUNTRY DOOR LLC Equipment Repair&Maint Utility Operations-General 1004785 268 PITNEY BOWES Postage Customer Service 1004859 259 SHRED-IT USA MINNEAPOLIS Waste Disposal City Center Operations 1004857 259 ROSE,ALECIA Travel Expense Human Resources 228080 256 GS DIRECT Operating Supplies Engineering 1004761 255 EXTREME BEVERAGE Misc Taxable Den Road Liquor Store 228119 250 SCHULKE,LAUREN Other Contracted Services Theatre Initiative 1004801 245 WHEELER HARDWARE COMPANY Supplies-General Bldg Outdoor Center Facilities 228017 244 TESSMAN SEED CO Chemicals Park Maintenance 228016 240 SWEET OCCASIONS FOR YOU Other Rentals Staring Lake Concert 1004802 236 WILSON,JOHN D. Office Supplies Customer Service 228053 235 BSN SPORTS Operating Supplies Tennis 228038 229 AMERICAN PRESSURE INC Equipment Repair&Maint Water Treatment Plant 228057 224 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 228004 217 PROP United Way Withheld General Fund 1004749 211 BERTELSON TOTAL OFFICE SOLUTIO Office Supplies Utility Operations-General 228121 210 SIGNATION SIGN GROUP INC Ed Center-Contr.Svcs City Hall-Direct Costs 228131 202 UNITED WAY United Way Withheld General Fund 227963 200 HINDING,CHRIS Other Contracted Services Staring Lake Concert 228046 199 BASELINE INC Other Contracted Services Park Maintenance 228092 196 KEEPERS Clothing&Uniforms Reserves 227947 192 FIRST STUDENT INC Transportation Teen Programs 227924 192 CALIFORNIA CONTRACTORS SUPPLIE Repair&Maint.Supplies Water System Maintenance 227970 182 JACOBS,TIM AR Utility Water Enterprise Fund 227996 180 OUTDOORS AGAIN INC Other Contracted Services Park Maintenance 228036 178 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 227909 173 AMERIPRIDE LINEN&APPAREL SER Janitor Service Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit Explanation 228005 171 REGENTS OF THE UNIVERSITY OF M Other Contracted Services Park Maintenance 227982 168 MCGUIRE,JOANN Conference/Training Planning 227944 168 EASTON,CHRISTINE Mileage&Parking Park Facilities 227937 167 DALE GREEN COMPANY,THE Asphalt Overlay Street Maintenance 228027 158 UNIVERSAL ATHLETIC SERVICES IN Operating Supplies Park Maintenance 1004831 155 GRAFIX SHOPPE Equipment Repair&Maint Fleet Operating 1004813 155 BACHMANS CREDIT DEPT Grounds Maintenance Utility Operations-General 1004782 150 NUCO2 INC Supplies-Pool Pool Maintenance 1004850 149 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 1004767 149 HD SUPPLY FACILITIES MAINTENAN Supplies-Plumbing City Hall-CAM 227956 149 HALDEMANN HOMME INC Cleaning Supplies Fitness/Conference-Cmty Ctr 228040 149 ANDERSON PRESTON J Deposits Escrow 1004840 148 JANEX INC Supplies-General Building City Center Operations 1004863 148 TEE JAY NORTH INC Contract Svcs-General Bldg Fitness/Conference-Cmty Ctr 227906 140 AARP DRIVERS SAFETY Other Contracted Services Senior Center Programs 228101 140 MINN OFFICE OF ENTERPRISE TECH Other Contracted Services Police 228136 138 WALSER CHRYSLER JEEP Equipment Parts Fleet Operating 227987 136 MINNESOTA DEPARTMENT OF TRANSP Operating Supplies Engineering 1004819 136 CAWLEY COMPANY,THE Clothing&Uniforms Prairie Village Liquor Store 1004808 130 A TO Z RENTAL CENTER Repair&Maint.Supplies Storm Drainage 227935 130 CUTTING EDGE PROPERTY MAINTENA Improvement Contracts CIP Trails 228061 130 CUTTING EDGE PROPERTY MAINTENA Improvement Contracts CIP Trails 228094 129 LIFELINE TRAINING LTD Tuition Reimbursement/School Police 1004760 128 EICHMAN,NATHAN Conference/Training Police 228067 127 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund 228039 126 AMERIPRIDE LINEN&APPAREL SER Janitor Service Prairie Village Liquor Store 227917 125 BERGER,CARLOS Deposits-P&R Refunds Community Center Admin 227941 125 DIGIOVANNI,JOE AR Utility Water Enterprise Fund 1004759 124 EDEN PRAIRIE FIREFIGHTER'S REL Union Dues Withheld General Fund 1004770 122 JOHN HENRY FOSTER MINNESOTA IN Maintenance Contracts Water Treatment Plant 227920 122 BOURGET IMPORTS Transportation Prairie View Liquor Store 227961 121 HAYES,ROBERT AR Utility Water Enterprise Fund 1004866 120 TRI COUNTY BEVERAGE&SUPPLY Misc Non-Taxable Den Road Liquor Store 227959 119 HAN,DENNIS AR Utility Water Enterprise Fund 1004867 118 TWIN CITY SEED CO Asphalt Overlay Street Maintenance 227931 112 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 1004838 111 IRMITER,JESSE Clothing&Uniforms Police 1004847 109 METRO SALES INCORPORATED* Equipment Repair&Maint IT Operating 1004787 108 PRINTERS SERVICE INC Contract Svcs-Ice Rink Ice Arena Maintenance 1004790 106 SCHRAM,JOHN Mileage&Parking Park Facilities 227918 106 BERNICK'S WINE Beer Den Road Liquor Store 1004829 104 FILTRATION SYSTEMS Supplies-HVAC City Hall-CAM 227923 102 BURGER,LISA AR Utility Water Enterprise Fund 228064 102 DIRECTV Cable TV Community Center Admin 228026 101 UNITED WAY United Way Withheld General Fund 1004825 101 EXTREME BEVERAGE Misc Taxable Prairie View Liquor Store 227988 100 MINNESOTA DEPT OF LABOR AND IN Contract Svcs-Elevator Public Works/Parks 228117 100 RECTOR,ALLEN Refunds Environmental Education 1004858 100 SCHNICKEL,JENNY Canine Supplies Police 1004754 100 CLAREY'S SAFETY EQUIPMENT Office Supplies Customer Service 1004752 97 BUSINESS JOURNAL,THE Dues&Subscriptions Economic Development 227949 96 GEASON,JULIE AR Utility Water Enterprise Fund 1004791 95 SPRINT Computers IT Operating Check# Amount Vendor/Explanation Account Description Business Unit Explanation 228106 85 MINNESOTA REAL ESTATE JOURNAL Dues&Subscriptions Assessing 1004781 82 NEW FRANCE WINE COMPANY Transportation Den Road Liquor Store 228109 80 MPX GROUP,THE Printing Police 228000 72 PLANTE,VICTORIA AR Utility Water Enterprise Fund 227912 72 ASTLEFORD EQUIPMENT COMPANY IN Equipment Parts Fleet Operating 1004762 71 FASTENAL COMPANY Operating Supplies Park Maintenance 1004773 71 LOWERY,THOMAS Operating Supplies Reserves 1004794 71 STREICHERS Operating Supplies Police 228090 70 KAISER,DAVID S Operating Supplies Park Facilities 1004841 69 LAWN RANGER,INC,THE Contract Svcs-Lawn Maint. Fire Station#1 227914 68 BANNIE,SHARON Deposits-P&R Refunds Community Center Admin 228141 68 PETTY CASH Petty Cash&Change Funds General Fund 228024 67 UNIFORMS UNLIMITED Clothing&Uniforms Police 227905 64 440400-NCPERS MINNESOTA PERA Health and Benefits 228035 64 440400-NCPERS MINNESOTA PERA Health and Benefits 228011 64 SMITH,KELLY Mileage&Parking Park Facilities 4819 63 VANCO SERVICES Miscellaneous Community Center Admin 228072 61 G&K SERVICES-MPLS INDUSTRIAL Cleaning Supplies Water Treatment Plant 1004814 61 BATTERIES PLUS Supplies-Electrical Den Road Liquor Store 227969 59 IVERSON,MARGARET Deposits-P&R Refunds Community Center Admin 227991 59 MUELLER,ALLAN AR Utility Water Enterprise Fund 1004746 57 A-SCAPE INC Contract Svcs-Lawn Maint. Fire Station#2 228105 55 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Customer Service 228015 52 SWAGELOK Repair&Maint.Supplies Water Treatment Plant 1004827 52 FASTSIGNS Operating Supplies Gymnasium(CC) 227984 50 METRO CITIES Dues&Subscriptions Assessing 228082 50 HOFFER,CLETIS Refunds Environmental Education 228091 50 KAPACINSKAS,JOSEPH Refunds Environmental Education 227942 49 DIRECTV Other Contracted Services Police 227946 47 FEIDT,ADAM M AR Utility Water Enterprise Fund 227940 41 DETLOFF MANAGEMENT AR Utility Water Enterprise Fund 227936 37 DALCO Janitor Service City Center Operations 1004779 37 MINNESOTA RECREATION&PARK AS Dues&Subscriptions Recreation Admin 1004807 36 ZIEGLER INC Equipment Parts Fleet Operating 1004828 35 FERRELLGAS Equipment Parts Fleet Operating 1004780 34 MTI DISTRIBUTING INC Equipment Parts Fleet Operating 1004788 34 QUICKSILVER EXPRESS COURIER Other Contracted Services Communications 227979 33 LAYNE,MARLA AR Utility Water Enterprise Fund 227992 32 MY CABLE MART Miscellaneous IT Operating 227908 32 ALTERNATIVE BUSINESS FURNITURE Supplies-General Building City Center Operations 228010 30 SKOGEN,JOSH AR Utility Water Enterprise Fund 228076 30 GPRS Conference/Training Human Resources 227983 29 MCPHERSON,CYNTHIA AR Utility Water Enterprise Fund 227913 27 AT&T MOBILITY Pager&Cell Phone Park Maintenance 1004786 26 PREMIUM WATERS INC Supplies-General Bldg Fitness/Conference-Cmty Ctr 227980 25 MADSEN,MARK AR Utility Water Enterprise Fund 227958 25 HAMANN,WILLIAM AR Utility Water Enterprise Fund 227960 25 HARTWICK,FERN AR Utility Water Enterprise Fund 228066 25 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous Assessing 227995 23 OLSON,KAREN AR Utility Water Enterprise Fund 228014 21 STATE OF MINNESOTA Miscellaneous DWI Forfeiture 1004849 20 MINNESOTA RECREATION&PARK AS Conference/Training Recreation Admin 227932 19 CRAWFORD,KATHLEEN AR Utility Water Enterprise Fund Check# Amount Vendor/Explanation Account Description Business Unit Explanation 227927 18 CHOSE,TODD AR Utility Water Enterprise Fund 227930 16 COMCAST Wireless Subscription IT Operating 227981 13 MASSEE,REGAN AR Utility Water Enterprise Fund 227928 12 CHRISTENSEN,MARJORIE Deposits-P&R Refunds Community Center Admin 228071 10 FISERV INC Bank and Service Charges Water Accounting 228081 7 HANSON,JUNE Deposits-P&R Refunds Community Center Admin 227933 7 CRAWFORD,ROBERT AR Utility Water Enterprise Fund 227954 5 GRILL,JIM Operating Supplies Police 2,412,655 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director September 17, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.1. Jay Lotthammer, Director, Art Center Donation from Elaine Sampson Parks and Recreation for Front Desk Area Requested Action Move to: Adopt the Resolution accepting the donation in the amount of$10,000 from Elaine Sampson for the construction of a front desk area for the Eden Prairie Art Center. Synopsis The Art Center facilitates programs for students ages two through adult; in a variety of visual art mediums such as painting, drawing, fiber, pottery, metal jewelry, fused glass and many more. Thanks to the ongoing generosity of the Sampson family the City of Eden Prairie will be able to upgrade the Art Center by building a front desk reception area, allowing for class registration, art supply sales and increased customer service for Art Center students and patrons. Background The Art Center opened almost 5 years ago, in that time class registrations have increased significantly. Students have not been able to register for classes on site, instead they would go to the Community Center, Senior Center or online. Attachment Resolution CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2013- RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City in the amount of$10,000 to be used for the Art Center Front Desk from Elaine Sampson is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 17th day of September, 2013. Nancy Tyra-Lukens, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Report of the Parks and Recreation Director September 17, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.D.2. Jay Lotthammer, Director, Partner and Support a Fundraising Effort for Parks and Recreation the Construction of a Miracle League Field Requested Action Move to: Authorize Staff to Develop a Partnership and Support a Fundraising Effort to Pursue the Construction of a Miracle League Field Synopsis Staff was recently approached by Dave Espe to consider the concept of a Miracle League Field in Eden Prairie. Mr. Espe is a resident of Eden Prairie and has coached for many years with the Baseball Association. Mr. Espe along with several members of the Parks and Recreation Department toured the field in Minnetonka and looked at a couple potential sites in Eden Prairie. The site that is being proposed is the most eastern field at Flying Cloud Fields. Staff has been in communication with the Baseball Association and they are very supportive of the idea. The Flying Cloud site was visited as a part of the Parks, Recreation and Natural Resources Commission tour and very positive comments were expressed by the members. A fundraising effort similar to the Miller Park Barrier Free Playground and the Third Rink effort is proposed to be headed by Mr. Espe and could be supported by the Eden Prairie Community Foundation. This effort could begin to take place once the formal program and recognition methods are Council approved. All funds necessary to construct the field would be derived from cash or in-kind donations. Background In 1997 Rockdale Youth Baseball Association's coach Eddie Bagwell invited the first child with a disability to play baseball on his team; Michael a 7 year old child in a wheelchair attended every game and practice, while cheering on his 5 year old brother play America's favorite past- time. And in 1998, other children with disabilities were invited to play baseball on a typical baseball field within the baseball complex of the Rockdale Youth Baseball Association(RYBA). The players had expressed the desire to dress in uniforms, make plays in the field, and round the bases just like their main stream peers. The league began with 35 players on four teams that first year. There were no programs to copy. It was decided that: • Every player bats once each inning • All players are safe on the bases • Every player scores a run before the inning is over(last one up gets a home run) • Community children and volunteers serve as `buddies' to assist the players • Each team and each player wins every game Partner And Support A Fundraising Effort For The Construction Of A Miracle League Field September 17, 2013 Page 2 The main concern was the playing surface,presenting potential safety hazards for players in wheelchairs or walkers. By the spring 1999 season, the league gained support and became a source of pride for all involved as participation grew to over 50 players. During that season, the magnitude of the need for such a program was recognized. It was learned that there are over 75,000 plus children in Metro Atlanta with disabilities, most not being able to participate in team sports. That is when the dream of building a unique baseball complex for these special children was conceived. The Miracle League was formed and became a reality that all children should have the chance to play baseball. Under the leadership of Dean Alford, the Rotary Clubs of Rockdale County and Conyers stepped forward to form the Rotary Miracle League Fund, Inc., a 501 (c) 3 organization. The new organization had two objectives: (1)raise the funds necessary to build a special complex with facilities that meet the unique needs of the Miracle League players, and(2) assist in the outreach efforts for Miracle Leagues across the country. With the help of community volunteers and corporations, the design and construction of the first Miracle League complex was underway. The complex would include a custom-designed field with a cushioned rubberized surface to help prevent injuries, wheelchair accessible dugouts, and a completely flat surface to eliminate any barriers to wheelchair-bound or visually impaired players. The first of its kind Miracle League Field broke ground on December 31, 1999 and The Miracle League complex was completed in April 2000. On opening day, the Miracle League rosters had grown to over 120 players. The players raced around the bases and chatted with their teammates in the dugouts as they celebrated. Nicholas Slade, a player who had been in a coma just a week before, threw out the first ball. The players' enthusiasm has continued to grow. By spring, 2002, over 250 players filled the Miracle League rosters. The parents tell stories of their children insisting on playing despite bouts with kidney stones,broken bones, and recent hospitalizations. The thrill of playing, the cheers from the stands, and the friendships they develop make the Miracle League Field an oasis away from their everyday battles. Our umpires describe this as the only league where no one ever gets mad at him or her. "Buddies" assist Miracle League player. These buddies are mainstream children who play baseball,youth church groups,boys and girls scouts to mention a few. As a result the parents, children and volunteers are all brought together—special needs and mainstream alike—in a program, which serves them all through service to children with special needs. The program is opened to children from any community and, until April 2002 was one of a kind. Attachments Photos Miracle Field Footprint it ,a '' alp 1 g ... ` r • i. • • • II II ,I [Footprint Area for 1 • . - /.., "Mirada FieldLJ - 4fi.- .- \ \ .— - • �. ., \ \ .I I \ I Au 1/ . 1 t/ r / /- ,/ / 1i 141 1_....."'"'"....% i 7-7(?17/ , i f - - • `I •`i'156_ , " y. Flying Cloud Athletic Fields _ ..*.'•! .. 9 i. f1 S 4 0 DU p G'I norm. Tr•.Cy.f i....y.0Y.I.NY.r�A•11. Rp r m.rm.a.Fw 1 - Y1..1.i.r..PI,uA][.ti-+-'•11..Fei11lT Faye"il 019 wrrY .i-vif/ • �• � II 4[1..dsi.i.1 r. ....K 01"Mad.F[MAI,fir M ♦t%i Ai dl1,p.. 3 iMiles l 1 Miles N .1...;.,,.i,;k,_IrLIO..:.n...r lae an.a bR✓bl?�RP,1,0*.1 h. •^ 'I Ares-rail..,..i}a+.i,•l..I..Fvrlr�.,.+iF�.'�w KN!1JV.hAi1�! 1 _ a'•A .r..1.r. ..p!:,:.i-u.--.4'q..iC 1aX.-.1.IIRw?xy.nargRF!4. •e,, . "a ti Feet i I 1 I Feet — • �- I 0 30 ••?:' Scale: 1:551.67 ten.•,•°���e,+�+M•►+wnn6;neia Hennepin County GIS-Printable Map Page 1 of 1 InterJJJ1 a Property Hennepin Niap3/ i Map r • • Ayer 4 .. r.� - `r I .. ---11. --61) ri. _ ,'---a, I.(1 'Q:1 ' -I illirr— _ a i. , � I III :i' .' Ne. 1 .P. ,- I 4 1e ` . -, --\ • I. ,4F 1 • . 1, 1•. • f J 1.. Map Scale: 1"=50 ft. N Print Date:8/27/2013 • �-1.At‘i r i EL- This map is a compilation of data from various sources and is furnished"AS IS"with no representation or warranty expressed or implied,including fitness of any particular purpose,merchantability,or the accuracy and completeness of the information shown. COPYRIGHT©HENNEPIN COUNTY 2013 >,++„•iinic 1•sannprvin rnn nc/Prnrsprt,r/print/rlpfanit acne2C=4h04.4R R49RRS69974.4975RR2... R/27/2013 CITY COUNCIL AGENDA DATE: SECTION: Director of Public Works September 17, 2013 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.E.1. Public Works/Engineering Olympic Hills Golf Club Land Alteration Robert Ellis Permit Mary Krause Requested Action Move to: • Approve Land Alteration Permit for Olympic Hills Golf Club subject to recommendations as outlined below, or • Deny the Land Alteration Permit. Synopsis A land alteration permit application has been submitted for the Olympic Hills Golf Club (OHGC) to grade approximately 110,000 cubic yards of material within the golf course along with associated tree removal and wetland impacts. Variances regarding wetland buffers and conservation easements are also being requested by OHGC. The variance request is expected to be brought forward for consideration by the Planning Commission on September 23, 2013. Background Information OHGC is planning on undertaking a course wide renovation project beginning this fall, with construction continuing through the summer of 2014. The intent is to have the course reopen for play in the summer of 2015. Work proposed within the golf course includes modifications to the greens, tees and bunkers along with re-grassing of the fairways, replacement of the existing irrigation system, improvements to the drainage system (both public and private systems), tree removal and replacement as well as wetland impacts. Stormwater sediment accumulations will also be dredged from several of the wetlands. The project proposes to fill 2,270 square feet of Wetland 24-33-A for construction of a foot path and new tee box for one of the fairways (Hole #8). OHGC has proposed to replace the wetland losses in the form of bank credits purchased from the German Settlement Wetland Bank in the amount of 4,540 square feet. Temporary impacts will occur in most wetlands, to a total of 17,510 square feet of impact. Most of these impacts will be associated with repair and/or replacement of the retaining walls that define most of the wetland borders. In addition, no wetland buffers will be established around the wetlands. The exception will be a small upland area in the northwest corner that will be set aside for conservation. Several of the wetlands within the golf course have significant accumulations of sediment deposits. OHGC is proposing to dredge the accumulated sediments from two of the wetlands. Due to the integration of the public storm water piping system through the golf course, three additional storm water wetlands accepting public storm water were identified by the City as requiring sediment removal. It is the intention of the City to coordinate a City project with the golf course project for the removal of sediments during the winter of 2014 to minimize future disruption of the golf course. Public storm sewer and sanitary sewer lines run through the golf course. An inventory of the public systems (storm sewer and sanitary sewer) has been completed and several areas of failing piping have been identified. The intention within these areas would also be to proceed with a City project to replace these failing systems to be coordinated with work within the golf course to minimize and condense disturbance to the golf course. The proposal includes loss of 180 significant trees, or 3,260 diameter inches, due to construction, which is 19.4%. The City Forester has calculated that the required replacement is 842 caliper inches. OHGC proposes to do the majority of the tree replacement along the property boundaries. Permit Recommendations and Conditions In addition to the standard land alteration permit requirements/conditions (fees, storm water pollution prevention plan (SWPPP), working hours, erosion and dust control, restoration, etc.), staff would recommend that the permit approval be subject to the following conditions: • Conveyance of drainage and utility easements over public infrastructure including piping, and pond areas. • Conveyance of temporary construction easements to the City for the City's stormwater wetland dredging project and storm water and sanitary sewer projects in locations as identified by the City, at no cost to the City. • Tree replacement in the amount of 842 caliper inches. • No work within the wetland or wetland buffer areas may occur until the variance request regarding wetland buffers and conservation easements have been approved by the Planning Commission and all appropriate wetland permits have been issued. • Conveyance of a conservation easement over the wetland, wetland buffer, and floodplain mitigation areas in the northwest corner of the property. This includes those portions of Wetlands 23-41-B, 24-33-A, 24-33-B, 24-33-D and 24-34-A as shown on Page EASE-1 on the Plan Set dated 9/9/2013. The remaining wetlands are part of the variance request being considered at Planning Commission, if the variance is not granted conservation easements would be required over the remaining wetlands and wetland buffers prior to starting work around the wetlands. • Submittal of financial sureties for work associated with the tree replacement, land alteration permit and wetlands (alteration and buffer strip construction). Attachments Plans mm L oa= N Site & Drainage Plan p� a N ,, OLYMPIC HILLS GOLF CLUB .. a ff. Eden Prairie, MN i ; e0 W Ci a i Owner: gfi ¢ Olympic Hills Golf Club fir i t. } . 10625 Mount Curve Road — ��� , • SHEET INDEX & Eden Prairie,MN 55347 •1 , —_ r /.f COVER SHEET Z 0 Jake Schmitz,Golf Course Superintendent ' 1 ( f 2. SITE PLAN y CC!, 952-941-6262 1 S " ' Boundary 3. SITE PLAN W•g i' - 4. SITE PLAN W Z�,s A —, / 1 5. PHASING PLAN C—e l', - 6. GRADING PLAN Z Z I w �.. '�" I $, 7. GRADING PLAN Q 111 g Civil Engineering&Survey: 1 -r4 I _ :.y 8. GRADING PLAN _ k, — 9. DRAINAGE PLAN l -■��� ar - 10. DRAINAGE PLAN Anderson Engineering of Minnesota, LLC + _ - fW I 11. DRAINAGE PLAN 13605 1st Ave N, Suite 100 r. =, / , ,; 12. DRAINAGE DETAILS r • .' ? 13. DEMOLITION&EROSION CONTROL PLAN Plymouth,MN 55441 r �'�; 1 J• ., rY -�• 14. DEMOLITION&EROSION CONTROL PLAN J W i 1 +-• - --'/ I 15. DEMOLITION&EROSION CONTROL PLAN J!n Z 763-412 4000 • k, I_` . 16. TREE PRESERVATION PLAN =p W �• 17. TREE PRESERVATION PLAN 0 "a •,' I "=- �i I 11 18. TREE PRESERVATION PLAN U U j W-1.WETLAND IMPACT O Golf Course Architect: VICINITY N/i�' W-2.WETLAND IMPACT }Jd gW-3.WETLAND IMPACT O 0 - Ron Prichard W-4.DREDGING DETAIL EASE-1.EASEMENT PLAN 411 Victoria Dr. EASE-2.EASEMENT PLAN EASE-3.EASEMENT PLAN Montgomeryville, PA 18936-9706 - 215-896-3242 1- w w 1 CC O U ei e Ri fi,, =Q lz \\ l�\ I,�-1 i �I 0.\ / Aryo- // fm rc Q r� �� --� //� / / ICI 111�) 1 ggmm �_______ 1.^v" -azo- '-v / �,�� 1 ,.4. "��//d/ �i/1(/1111\I ® .o o NNN :' ;1 L LAKE S '(- NWL" -. - - nanrvaz ( g Jo °y j/i/ ��, cos uc3 w000r/l\\,tri',- �l,c..��J e48E3 oy _ ) LEGEND o<pd � In 1 ) C „oESTR BR DGE ovER - > ) e I PROPOSED HOLE ALIGNMENT �� n\ . 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E c U1 .sw 3 z,tss 1,347 az xam me 1 _ a" \ 9,55 q / r=A n nY •/; J Jr ---• oastn16,072 L 285 = wZ nsas 0 r,= EU wil f 1 -4 A\ <_ Nip n=llr / III I I I/ Bl r ' , z763 .3.373 1,224 Q L®3 J II = z l nll 3,av sass a>s3 3zss 8336 d' / w� -- v\ r il1 a o� -,b/ 1 ' M / vr rI� I I m c33 7 3333 toaz pG Yw v / aus 223 223 a �I)/ �-„� / 1I / ' n \ o so az a e /// v\`�� 1 \ Iv Lsa 3 rsssv 233 zos � ii( I\ gr \ o I62 as aa \ e l 33 SWo 1 3, \ % \ n 11 ro. ez srs 1,288 tez 34L zo cot3� NAM 3L33s d\ I / � av i L em ll r u L1 / �� / / a _ A % oo ---- d 1 o � \ nT. - ymR av n l=nnnns H \ 1 s _ _ A N iLw / B Inn nnnn I ii 1 l /v A A nn 5I I`I I I 1 1 II j3 • / ' - o a LI I I I IVI \ �� / 3I ( m 6 (VH V v v, , � n n n y�o oATCH LINE - SHEET 3 \ - - .P2•2a .3 W 14n= I1J rk ::� \ ' 1 \ _ 1 Iiii,-I n=n. 2?, �.V / fif 8K r 1 "\ \V AA\V A\ ' C" InJIgiLI VAT ILLRn.ly -�A i A'Z- �lV... /�.� NV T III,0 ii v nli=nnl�i� nnnn I +� L L - SHEET 4 �a nl-I�Irlllrnll�ll�'Illnl Ilnnnnk i�.v �`\ MATCH LINE - SHEET 2 /♦� A ��� IAA „„a� Tefdll ir_II�D"II Ill eu Imo__ / -� - U U Q IP vt= V -. — '.I I dWl I-n II I A N A o;J-- oa�m N ur nl5r J n1�i�l� \ 1 �J V �. ` Its / AIII b• 0 V I 1/ A,^� �( Vv�� V a°� n I I vI(, � �_ LEGEND .� \ 1111111111� IP I I I t WL9 I //,' j I .� �_ A I A a \Lnllnnn➢: \ �n�mtlk 25-22-A i l; '�! 9T -�T \ ) 1 / ) O PROPOSED HOLE AIL ONMENT /1lln III�� V.-1-4§1 \ �'f' -_ __ "K� _, -., \L �� \/\ a PROPOSED TEE BOX g/9/1 nJl rIICn l�l�n - J ,.li\� :y PROPOSED GREEN 6ipw / l 1 • v Q PROPOSED BUNKER 111-�+ � I I \ \\ 1 �w�� \ P, lit) ` -11=1 PROPOSED NATIVE AREA • 11:1/RI�I V�i a I '/�' � ��rf I1\ ® PROPOSED BUNKER SURROUNDS/ i l aT�_r 1- �1111 E B/ ��r \ I - __ PROPOSED EXCAVATION# 11_1• Qr si sr _ ' / V _ 1�/: - 886 A-,=rL J)1 A ;i/ iffj, l .- 1 \ \ ✓ 6 C �, `% / L /\ I --- PROPERTY LINE b`1Y ( , 1 -y .fig.. 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WLe / i/ I Van °n°nlnlro�n I � �1 TYPICAL SECTION CART PATH �� zs za a / J/ G�, ttW-n-y)Inrnpullrn nr,/ - �\ wia sr lz � / / '�- ' 111Iln II Ilnll I 1 NOT TO SCALE U vorvo a � 0 )II I II II 1 Z s � m 17 arllT1nj\ s J I tlit / il //$ nnn4 I � t > \ n nanan n.n / o\ "n n n n n n Ir'�ir r ri=n u4 n n:Ji A ` 717.171710107• I a M R1 fi o,u L� agm — _— u --.--7 _ I I_- LEGEND "wc NEIL LAKE N a� NWL 805 HWL 807 O PROPOSED HOLE ALIGNMENT -.nn m a . PROPOSED TEE BOX t(lMO PROPOSED GREEN GO /\\ iO4 0 PROPOSED BUNKER / `/ \\ =11°] PROPOSED NATIVE AREA o 0 \ \ ® PROPOSED BUNKER SURROUNDS \ \ IF PROPOSED EXCAVATION X/g gy \\\ \ .-I'. ——— PROPERTY LINE ill l \ //j _ ---- EXISTING CONTOUR lig 7 / \ m > 1. L EXISTING ASPHALT CART PATH g y@ / •\` o it lS /, `�&30 ` o ' /I)I% ® PROPOSED ASPHALT CART PATH xee'' }} \' 7 \Ili/�/ CC \ fi J e ���`'\L1�1 �'Ai �l� I / v v (( A �� �q �b :t17, NOTES jj 1.CART PATHS SHOWN TO BE REMOVED SHALELLDT /\1�� �'\ l \(\I\ —\\ • �'�1 < - l I/ BLEND ADDING MATERIAL AS NEEDED o i �I osNiii as —_ r \ �_ \ / i p Il41. V T C ; nI � li 4-5—P.. . 8 R s� ® fi v f "' ' ° v)w• toA n ° � %Brl' ' �° • ti rL nn " / (/)N 7,11iI5lnnn n4i n > � _ -D.h rIr'r " � mnw\ =1 n nn" " aL4S n , =c I ` -111i •1 � / llll/ $ / O _ l / Q�\ f �_ / / , i q ( ��; H J0 ` � V l (,(( ' / J, Gs i A 00 mV � �_ a - 1 ' yr/L v — �; /6)' �� i zE JI, I \I \ I, \ : 2`'fl ill \\``\ a w \\r\\ . F1441nn u u—o �4- — _3 \\ a L�n o� � � ,v / I' Ai I -! .�� i $ �� L m zzm p �d _ _ Ga UUmm ® wa„ap ..... .. DV11Q n ya m ...0011 ° (70 le,, i % 3 G .� 7.*****-- "'•. •:`f��"O / 1`�~M ,'1 � �s//i, p `� "'� i oII 4 O� �g�pt, `- 111 i �9bLEGEND JyI` L�i '0 � OPROPOSED HOLE ALIGNMENTit dirt‘. 6�ev Ak ® �4I4,a --- PROPERTY LINESlip, "� y y -___i DELINEATED WETLAND,��h ��q�►. g it� . !PHASE BOUNDARY �e '2**is• ..., Q - 4. -wf /// �O O J O . (� ha ;! NOTES, — Q7 �(� 3 _ Q2 ,",.. \// i�� °RI �T� iO. NO WORK(OTHER THAN SILT FENCE INSTALLATION)\Lr I1—'' ^ `j VlJ y SHALL OCCUR WITHIN 20 FEET OF DELINEATED WETLAND �/ � /—� �O ,, hh \ IL IJ BOUNDARIES.UNTIL WETLAND PERMITS ARE APPROVED. g¢ \ O2 IRRIGATION CROSSINGS TO BE INSTALLED BY HORIZONTAL E (� DIRECTIONAL BORING.RPI UTILITIES TO OBTAIN CITY p;s ❑= O v r• �� h` Zt a 1 LJ RIGHT-OF-WAY PERMIT g' E ,. N---0- ti ZZ= r +:1F3 OLYMPIC HILLS GOLF CLUB Q W J� r �� ® '� �I► " CONSTRUCTION HILL SCHEDULE•� 11■ ftff ♦*40 � o4I1b , 74 - I I"" 5ffi i •1..p,• O � �� I ur - = II „J...., nin IIIIIIIIO11111 it ir, 0. : E4 0 Q 4 04 1./ -,15/1D 1 0 --...... t _.1>—0 CL g .. 7-1.4 if 1 1 4,„ I.11 (3 C-7 1:11 lillelr'.. I -,-- ...... Ci -..---.0.....- _1 cni- _PioNEE i . C> ia = R �O +sa ,,4ff r L. v fi' =o ee ,,//:--__y/ ///'\-",--: //'6 :-- ,:1/1--.F------'1 0 I//c) )0i ® e-L�- c `--u�i _ —__— d/, /lrnll 1 wee)en � 2 . �''�' ' , _ , ' ?�sr�—�\ Y)\ / lli'(/i� d Dci� o / ` _ � / ul,`Ir ,�// e� i�, IICIr� . "% i/c/ / 1 i9��1� ,=�' ����.= )vim �_�� w A v /f G LEGEND �<m� / //oi / ✓Y / //< ` z �� � 1 J O PROPOSED HOLE ALIGNMENT J1 (/ ,,,(q j/i /--,-;---,7:-- J,��S'�/lc> SJJ��-_,LF.i •/C)/ �� • / \ 08� ✓\ � \`L� T Q PROPOSED BUNKER I� -� ,rl J//Ll \LI \r/ ` r .'.�_ �o�• <� "11� �I PROPOSED EXCAVATION rc Y - /L���• \I\/ `I\\�� '� �►�'i / --- PROPERTY LINE(PER HENN.CO.GIS) g/g /�� •\ /T/., '- .. / POND 3 �r .�'- I ) @. w //' /l'^\/ c` / \�y <' o *HT- SQV 9 ..aF A _--_ EXISTING CONTOUR a HwL eo az a i'F6i I, YY €i d T1-'/ r/�� j ! /2�1 .---.7, /� I; �; PROPOSED CONTOUR l'ir',.''''L"d::' Pr r /\\\t �'� firr, �,)I T\\I\ �-1 EXISTING ASPHALT CART PATH TO REMAINr ` � ® — ;err 1j1/� / PROPOSED ASPHALT CART PATH-PER DETAILSHEET 3 —OfJ ty/ / /�___-� E'adW\ FT� 4.1 /., F I1 / 1 j11'/ // / ( I-© SEE GREEN DETAIL DRAWING BY RON PRICHARD @,,f,, 2\ - 1 ' GOLF ARCHITECT FOR GRADING DETAIL 1"=20' 4 b g </ / i C NSTRUCT WOOD/ � � _ ' � I I `� A ( ) a 1/ _, 1 i' .. /� / I I.I jPOND 4 I ' IH / J� / / / ( °/ PROPOSED TEE BOX(ELEV.810.0') co / NWL 807.10 I 9. / ( 1 // /� HWL am.10 1. POND z i / V � II\ O � NWL 804.82 / i• .. / . // \ I1 HWL 807.10 ,�a / I O FAIRWAY TURF REPLACEMENTr© 1 ►A / ••- - / 5 (TYP.OF FAIRWAY OUTLINE SHOWN)NOTE$kzCO _ �rI sW M / . // O a�, I - 1 CART PATH SHOWN TO BE REMOVED SHALL HAVE ALLERIAL _ •-•'/•� < F f1r 1 II ASPHALT AND BASE MATERIAL REMOVED.ADD MATERIAL tN Ip, / - - / / ^ f�', - �� , I)�III,I - AS REQUIRED TO FILL EXCAVATION AND BLEND GRADES •a ! V `� `saw ig"s� / r i / 1_ ;14/)); ' Z 0 �' _ �• / f , \) ! I�YYY` 2 TEE GRADING SHOWN BASED ON"SCOPE OF WORK" 0 z gE 1 ..�� ou`p l - � / //// / DOCUMENT BY RON PRICHARD,GOLF ARCHITECT.SEE (/)2`5 o ! lo/, •q vim• l :1O a -/ / ---/ /1 B1 rI //,(I _ TYPICAL PLAN SHEET 6. will B I �•• ^ °' \ " ( 81 L / /� / l/110 I1�,,{_/�I 1 3. SEE GREEN TYPICAL PLAN SHEET 5 FOR DRAINAGE W Z p3 _ ! j k. / /,/1,j1,/l. ) L DETAILS.SHAPING&GRADING IN GREEN AREAS PER 0-4. `.f o \�« / /�i I Zq -�"/ ARCH.PLANS. ZQ Q ��,•' ��� a,3 ' ,�/r4Ins" wig .i -� �, __ ... • '" / \ 81, / / \ ,J <- / I}I/ � � 4. FAIRWAY BUNKERS WILL BE SHAPED INTO EXISTING LAND / 1 / I 1 , -- FEATURES WITH BALANCED CUT FILL AT EACH LOCATION X' ® 008-8 / / / , / < / / \ (TYPICAL).SEE TYPICAL DETAIL SHEET 7. �.e _ 8. /� / / POND 1 .,� \ I 1 - a -- �w3 / ' / I NWL 81372 /„` // // • I I111� 5. FAIRWAY TURF WILL BE REPLACED AS FOLLOWS: ' 1 �..� ' •"" -\_, \ / /�<� 81.4, / HWL 1 I / ,�\\V` \\_,/ , --� _ �,, \ �„' / i`) \ / -- I\ \ ,ri A.REMOVE EXISTING TURF VIA HERBICIDE OR \\ '' ' . I f\/\ ----— '_ '' 2 1 li / (.;\ \\\`\\ T j MECHANICAL REMOVAL AS APPROPRIATE -\ \\ �'� �\ - -� / / /A I \\\�-83?`\ / B.SMOOTH/SHAPE VIA LIGHT BOX-BEADING (n W(/N € "t \ / ! \/ r / \ '\ '\\� C.SEED WITH BRILLION TYPE DRILL.GERMINATION IS J(C Z ; \sg� \\1\ <� ` /- %- �. ••�ryI. \ \ \- J EXPECTED WITHIN 3 TO 5 DAYS. J d' / \ \ lip \��- \ l_ 1\ %-� _ W 1 l S1 / �F/�fif /�; _ T p APPLY EROSION CONTROL BLANKET TO AREAS SHOWN =O _ I \ - -J e,5.8 /' \\ - - - -.4� \/ \ ` r ON SHEETS 8 10 EROSION CONTROL PLAN 0 "� 'E=���;-� / /\ \ '� �1`;\ __ '_ / /- /�� '',,/.' ) / OVA F � -- __ - `'/ll If ([/y�� // I,J`e/ 6. LOW INPUT TURF(NATIVE AREA)AS SHON ON SITE d� 1 )III yh \---\\ - / \\,--\�\�\ -- I f / I G' / \'•' SEEDPLANSISWINSTALLED IINTO VIA EXISTING TH TCH A METHOD FT RWHERE )J a g � � - \_ 4t835 1 L) ,, x /� HERBICIDE TREATMENT. J O pal\\\\\\\\,III \ =—/ s— \\ `L i "-_(/ v 6' I . w.""r»� :•_ i vvvIvvv _ — — 'mo o,, --- a � �-= `mil i/ ��.� / v�p /°,� — _ -- I vvL-- ,� __ _. ,- •---^ a s v ` ' //I� // 2vI �s � /> 4. ter f . ' � � it A iV -' \ ' /1 � — I � - - - 1 &� /,, � B MATC NE SHEET 7 � ) / ... �L � oa Cir ` VAS \ - -i- l�' 0 '—'�l' V A — cA_ • //I/Jil/ ' g it, LIATCHLINE - SHEET 8 ).°v 1 b4 1 s]sev v� � MATCHLINE - SHEET 6��__ - 6 /,-//// Iv _ ggic9 \ se / 0aa. v Z vvv v y]�. v v Pono � A � , / \\\� e \ Y++I'"„ 5 NWL 8Ti.l C _ \ �6 /:�\ 8\ \ \ � L 8738 { �. 7\// YIZL) r7iKK \ .n�r Hama z \V ! v • • v\ A ��]� 7 1 / \vv,/�/ \V 'I— A, I LEGEND \, \ �\\\\ \ _/ POND 9 �/ ( \ `F � 1/` \\_ 0 PROPOSED HOLE ALIGNMENT V \v 4N v v NWL 872.86 I I/ 1 _),vv1 �i_ -L 7� 0 �HWL 875 4, I /I 1 � �\ \,'\ PROPOSED BUNKER ��' \ \\\ \\\��� / / % M " l\ 11I \ / \ l ) PROPOSED EXCAVATION /i ®/' �9,'F\\/ C \:1111 LL 4� T 9{(� ��/, '�.\Li - - OPRTY LINE(PER HENN.CO.GIS)1 l/_ ) )- �7I I- ---- EXSTNG CONTOUR� l/ 8 • ill/� .O PO 6 �\ \ // C' PROPOSED CONTOUR R g p / iry �`1 Nw sao.3s � 4 1 N� s555� / tpA 1ilko V % �{�/ ) , WL 881.92•\/\\ 1 I1\\ EXISTING ASPHALT CART PATH TO REMAIN 4 g / — ,, / / -7\ - / l // /1 , , 1 \ � ea: (• I 1\I ® SREPOSED ASPHALT DART PATH-PER DETAIL �.a y i / /, '. 4 > i d i 1 -�J / ) L III 1 SHEET 3 �e`3d E W J) �, !>� _ \ \ \ / \ -/ \\� // • / / / / \ 1 SEE GREEN DETAIL DRAWING BV RON PRICHARD ��b i :< r c``// / / J- ) 1 l 1 \\ wo • 1 (� GOLF ARCHITECT FOR GRADING DETAIL(1" 20') �a Ill O / /-8%• 1/ / / \\ �) a 107 ° �i. �s.,,,/ �r 1 II I no e a � //� /,/ \\`x/// - / 1 b83 I \ ,-� 9PROPOSED TEE BOX(ELEV.8100) i ., ,I E § \ \/ ice_ P' \'\\\ ' a 1 FAIRWAY TURF REPLACEMENT ¢ 17; / wt a�6Tz � /� iL'87.- hhhiI4 , / ° _ LIIII / \\ -/ (TYP.OF FAIRWAY OUTLINE SHOWN)___//••••j 4. \ \it- ,' ___"\ \ �/ / \AZ],i / , /I \\ 1. CART PATH SHOWN TO BE REMOVED SHALL HAVE ALL ^ /, \ /\ \I 1 ASPHALT AND BASE MATERIAL REMOVED.ADD MATERIAL _ /// / / AS REQUIRED TO FILL EXCAVATION AND BLEND GRADES Z �\ C' --1 (T-' � . BASED " FRK"/� / DOCUMENT BY RON PRICHAROIT .SEE/ / / �//��>o,\ TYPICAL PLAN SHEET\ DETAILS.SHAPING&GRADING IN GREEN AREAS PER Z \ / 9�3.1/ / / \\ / _ j'/;h_- ARCH.PLANS. a W}g �/ 1 f�Oa / // 1 /8629 _ \ --f 'x\ JI I /) 4 FAIRWAY FEATURES WITH BALANCED CUT FED INTO EACH TLOCATAON Y W / 74 \ �� / assi \ �� � -�_ _ 8816�\ 1 �_ TYPICAL SEE TYPICAL DETAIL SHEET] ' L/ "\\1� \ \ a)IL�/ a \ // - �� /' l B5\ 1 1' 63 • asp._--�'�" 5. FAIRWAY TURF WILL BE REPLACED AS FOLLOWS _ / .6Tz ✓✓r`////// it --T 77., L \�I',1,----.,/,,], \ \ /// - /�asto \ /1 �° // \ \ t^'1 •/ %': A.REMOVE EXISTING TURF VIA HERBICIDE OR l/.i\\ t'S23", j/j';At'' T11 / _-/L 5 _ \/I 59F .!-�1 -• -41 �, B.SMOOTH/SHA EMECHANICAL E VIIA LIGHL T BOX-BLADING -I(APPROPRIATE w/)I-/ -/I( I \11/ \- \� \ / 1 \`�-f_k� �--tt� 7/8572 / aT e '/= C.SEED WITH BRILLION TYPE DRILL.GERMINATION ISJ Z //h„ \ \ /, -� (I i 55 / ������� \ / I (\y ---777 / -mil EXPECTED WITHIN 3 TO 5 DAYS. =DL+Ie I\ - ) % \ �/ j _ \1 0_- -- Z l �\ \\\��\ _i_- .• \ , I r s\,- 1 6 1/ A`_ \ D.APPLY EROSION CONTROL BLANKET TO AREAS SHOWN U w /I fi l/ \ `r / I� ��� \T _- ` \ / / I/ ,a Pi \�/ \/ \ ON SHEETS 8 0 EROSION CONTROL PLAN > I I/'- \\ J /� \\ - \ I.-/\ //�ct / (I\\ ) - / ;�i� 8TU.2 s, / //// w / \ I ) 6. LOW-INPUT TURF NATIVE AREA)AS SHUN ON SITE �Ly� / ` 1 `� \ \ \ \ \ PLANS WILL BE SEEDED VIA NO TILL METHOD WHERE J __ SEED IS INSTALLED INTO EXISTING THATCH AFTER J 11// �IJ \�~ I // \ l lH. \ / \\ y8.;_:,,`_ \\„� HERBIOIDE TREATMENT. CD O 4:__ (0' • IA‘l 1 LL� A ? I// v v Av ///I fIii/ // -_ 7/54 . ) x �� POND 8 - \ J I / / �// 1LI' I I I / �1 NWL a3a9Y a �/ // e 1 I Pv E.c...--_:-�-b --. � - IN:saos6 � ///I 11 1 II111 1 N/ ����. c s 0 11 mml \ 1 � �� Ill I\I 1i 1 I�\ v�� A ��/ - - o- b \ /IA T�� //r / �// i N 1' \ '.IS�'hR�l I ,.. 1/ii _ = '=-±�'7---' z a,v / /lll/i%/�r� ° �� - n o g =m mil' •" r el )��%�"' �.K a4 e.G'[�A tit ''v s i- .i, I ' LEGEND \)"�0 1 t e—\ -7. _�/- )c -"C 0S ) I -) �G°_I .IC a ^'=J /� �`L/ O PROPOSED HOLE ALIGNMENT - Q _ \1(7./l _lJ ,�'� 'C\ \ ��\ �',' ''- rl) (tir 7 ''1 (^ 0( •°I l0 ,, o / ''' II ,-'- y PROPOSED BUNKER o 0 \ ( v \� / (�) �/ /i/ 5 T ) PROPOSED EXCAVATION : \ r //a o ,r o ` ,,/i-,� 1' .- . <' 17- 1 //yam '7� -/ 69g =���\\1\ o _ a o �\/I \_ '-= \ (/1�r L ,/% -—- PROPERTY LINE(PER HENN.CO.GIS) :1. a .�// \ \ ` ' m v`/�\ '',,',-,‘6-..''\ e II ' 13/1(/1- �y� - EXISTING CONTOUR lig .Kv (UT �� sa ///4/^ -4\ I✓, ��l ) ' PROPOSED CONTOUR ; /v v v POND s ,�� �� /4 v%O § 7/ /�// \ \ \ \ \ NWL 805.6 ', o f -2 ( '' A(o/S/ EXISTING ASPHALT CART PATH TO REMAIN 5 y@ / ///) \ I' l HWL 807.0 I l n l�\/ / €��3`o \ �\,(( '�-'+ )�t' \ I ) ® PROPOSED ASPHALT CART PATH-PER DETAIL 30. \ , 1 II/. _ ,, e °ll t =.-- ' SHEET 3 �"�"'" /v '-4- -i v 'II(Pi i��Ks�� vvv o OAT --V. �._4'474 vO /7�_40� ,)-- � � /-_J 7^ �\ (� \/�,. f f \ ( /!� G SEE GREEN DETAIL DRAWING BY RON PRICHARD Ci u F o ��\I\ / / \• 'i� 9 \\ (/ �i <' I>/' _U -]~ /o 1,-/F' T ,„, 0„, \ EE GREEN TYPICAL PLAN SHEET 5 FOR DRAINAGE Z IM _ -1 /�( _ , � �` �/(. J� � - � .... DETAILS SHAPING&GRADING IN GREEN AREAS PER Z Z ' - �`(<�� _ - �_/ - �_ m ARCH. IM PLANS. Q W \\\ ( . 1 All \ \\ \ / / / // \\ ��NWL 8poN�1 45 // ( �- 11 n �� 4. FAIRWAY BUNKERS WILL BE SHAPED INTO EXISTING LAND--� \HWL 825 03 `- y = FEATURES WITH BALANCED CUT FILL AT EACH LOCATION \ \. -_ J I \ / I' �:- ��\\ ` l � 11 C �� (TYPICAL) SEE TYPICAL DETAIL SHEET 7. \1 y \_ \/\// i 1' \ \\\ (\(\ \ 5 FAIRWAY TURF WILL BE REPLACED AS FOLLOWS: \ \�r _J - I ` _\ )1(1 A REMOVE EXISTING TURF VIA HERBICIDE OR -� / T I /• y„� �� T / ���/�4. L_ \ = _ \(\ MECHANICAL REMOVAL AS APPROPRIATE J W �- ® . ( , "0' -� -� _— _ +\ \ B.SMOOTH/SHAPE VIA LIGHT BOX BEADING J_ Z \ C.SEED WITH BRILLION TYPE DRILL.GERMINATION IS Z LO \\ I\, _�-"'�/ —5p�\�_ .//' `Ll U q f-TI `— EXPECTED WITHIN 3 TO 5 DAYS =0 LJ \y " / I -I _� D.APPLY EROSION CONTROL BLANKET TO AREAS SHOWN OLJ / \ / ' \ - -�� \ \ ///r// \�T ON SHEETS 8-10 EROSION CONTROL PLAN U V <'. I \\\ \ � ////%%% ///// <^' ' \1 .._, 6. LOW-INPUT TURF(NATIVE AREA)AS SHON ON SITE J \J,� / (1 7 \ it///c,t /7/7(171 _./ /I 1 / � /. PLANS WILL BE SEEDED VIA NO-TILL METHOD WHERE J e d )1 I\ _ \ I / \ _,.„,_ ,..,___..\„, l SEED IS INSTALLED INTO EXISTING THATCH AFTER \\ it 111 C� -'850' -_�l' 117j�%` �L-J� 'T j \ _ HERBICIDE TREATMENT. iP ' l a -- � o— ,,, 4 , . , '‘\ ...... ,/ )7 1,„ ri„ , ,, . . , \ ( , ...,, . i,„ _....--4-§-0,..:,,.. ,..,....11 ,-- ,i ,,,,,--- ./„,„ , , , yes_ \\ ( _ E MATCHLINE SHEE 7 AVA v A s as v ��� c.� ,U o 1C 7 y� 4// \ / ''a v-"/ vv LEGEND , � vv ( � / ergo- /�\ / /\\\- //,/ �, 6I ,/ \) /\) O PROPOSED HOLE ALIGNMENT UU�Q ` / / \ YC J / 1 I I \ e --- PROPERTY LINE e,m i EXISTING SANITARY SEWER uEA m w NEIL LAKE MARSH - - - - EXISTING STORM SEWER HWL 807.0 h610 s \ -- -- \ '\ c-- �, I �.— PROPOSED STORM SEWER r a T4 fir_ - �8 \ - ssaFxr¢r _ _ PROPOSED CURTAIN DRAIN W 9 ) \ \))w` — I L �0 n9 ✓ / w \ PROPOSED CITY STORM SEWER 9ERM 00� aGe _" 0. Hp5E I 1 • PROPOSED AREA INLET POND DD I o sTM j %, I w � j1J/ o / e PROPOSED STORM SEWER MANHOLE o 0 0 I b�To 77 �1'2/ ]\ s;2 EXCAVATE CDDDMDis R.8020 `\ ��_ - T SOP\ I -� - - EXISTING CONTOUR p V -2 _/L' /E )( ) To coNNECT Porvos w.aaa• V� /'\g� , . J S WIDE 3'DEEP ®.e SOLE POND 3 -/ - EXISTING ASPHALT CART PATH ��9 a A "/7/�a/ / ✓ F 12 OP 6"HDPE NWL 804 _ ®�7 I)A) ) ' \ `% (/ a a (ts ETHER SD HWL 80 02 ,." AL,I ) R `qff ;%( J OF 5 1/ WU / 'l' !_ ® NEW ASPHALT CART PATH d i , :, WL3 2h34-13 •V�ti.z 7,,1T__? I�� / ® g I 9" 411111611 / gvc� �' ti/ z § ' //S`I]7s o � NORM WATER NOTES: 3 R r ` J 54 •• 1Q CONNECT TO SUBSURFACE DRAINAGE FOR GREENS,BUNKERS, s e / :j1� .-K°" )\ -r/ PDND 4 .k\ // '�/ �I 'I ETC... AgEe � � (1-- -- NWL 80710 = / ) ) 2Q VEE NOTCH WEIR INSERT-SEE DETAIL SHEET @E�b i i HWL 80710 / m 3 C - ' 3 I I I 4 �g �' \ I .O// ��1L' / J/ y5 HogE / ryo / /) �C 30. PROPOSED CITY STORM SEWER(SEE PLAN&PROFILE SHEETS IN x /) .+, I I PUBLIC IMPROVEMENT PLAN S /� Ile i��)-� I.ea� 5 32RBIH 01 �ry/ / / 1.I ET) u ���'' WL5 / 0 A I � 4'I 4. CONNECT TO"WATERMAZE"SOUTH OF MAINTENANCE YARD • \ J iiii �6 I/ O / • 2h33 C f C0o57 P. eJ e,I I 5. ALL AREA INLETS TO BE CONNECTED TO MAINLINE STORM SEWER s 8. / /� <2E dd z s V F �' i I WITH 6"HDPE WITH 1.0%SLOPE MIN UNLESS OTHERWISE NOTED. 8 9 iR / / / (/ •POND 2 e,YO - 6 f� "� 4���pPE "�IF I 6. ALL SUBSURFACE DRAINAGE TO BE CONNECTED TO MAINLINE eq eE / NWL 804.82 .Up / as( /� STORM SEWER WITH 6'HDPE WITH 1.0%SLOPE MIN UNLESS F1 C // HWL 807.109 - I .I OTHERWISE NOTED. 5sg SsE NL3 ap--- STREX SURE R �,I 'WY' W I LF9r /4 / 1001E5 1901E 32"" / �4Z.Np P / �) / !/y� Mtn • 2h33-A/1 _ ARCH RCP If 7. GREENS.TEES.&BUNKER SUBSURFACE DRAINAGE AND AREA qi 1 6 l G Ks_ �, rI Peo I ROUTEDUTE NOT SHOWNARSTO CONNECT INTO STORM SEWER SHALL BE s 6'HDP� /� A` -� TO NEAREST POND. Z Z TIP -6/-' / 2....,' /r -_ '' W1<s aro ss' 8 ALL PIPE SHALL BE ADS N-12 DUAL WALL HDPE OR APPROVED O w 15 O ,P• �/ ] T,111 EQUAL,EXCEPT POND CONTROL MANHOLE INLETS SHALL BE RCP §„ �'® •/ le/ "� -_s''/-/ y NOP�/ / aoUNECT To DxSfNG MANHOLE WITH RODDED/RESTRAINED JOINTS. LIJ W•s• M ss 9 NIMUM 1%SLOPE ON ALL PIPE LESS THAN 12s �5 TBr.a I•e4a y oq 10 D...--.:-.1. DIAMETER / W=� - N. N ="95 �� /� 10.GRADE MAINTAIN AREAS TO DRAIN TO NEAREST AREA INLET,CATCH Q ll.l.6 W__q _ __s __ % BASIN OR POND. 1. _ ,g Q 3 000.8 POND 1 -�- \ S�,OTy4 HWL St3.72 ssP" ,, / n � 11.ALL STORM OUTFACES 12"DIA.OR GREATER SHALL HAVE RIPRAP _ E %Ns STORM SEWER TO REMAIN _ \�- �I{T� 2AD \ /3, ` — _ u. - -3hD f / I _ INSTALLED PER DETAIL ON SHEET B. A's `) W ,h- - ��` y _- \ HOp,, , ] \\ — ........1— yI _ 12 PROTECT EXISTING SANITARY SEWER \6_J \\\ \�\ L' \ a "Gf�a -_ 57 I I tt C.INSTALL GRANULAR BENTONITE POND SEALER OR ANTI-SEEP07) \( \ T 4.,✓) \ �'ERF a, ( ��\ ' I .— COLLAR AROUND PIPE FOR FULL WIDTH OF TRENCH.SEE DETAIL J cn W H F U \`e 4� / \ sT N a �9 'I�s _2=34-E J W Z d , Q, \ —\ 0 70 POND LET -0.9.0 �� 6 — I = 1:�� \` 63.0 itIE,L �F STORM SEWER STRUCTURE SCHEDULE m '- ��\\\\ \�\�/\\ \ _ �12 \ e00s50 __ HDPE v-rssr < x/) \\ NO. SIZE FRAME I10/GRATE. WEIR W F- // E EE:EE . R-2573 N 16s Rh :2112 RR . R-2573 N M �` � /�/ � �\ `"R ` L \ s -l� . R-1642 TYPE B Y yam\ .� -# �•� / \—cR \ 4`•' e STMH-4 48"DIA. R-1642 TYPE B N �\ i \ g4 RT 6g t \ - — 12 1 STMH-5 48"DIA. R-1642 TYPE B Y Z ©� / aa6 �I x - \ Jo\\ _- \� - ) CBMH-17 48"DIA. R-2573 TYPE F N d 6 r I �� 1 A V , ccos cr o ExSTNa� VA41 A V ,� - Q �2 HD n A G .�nPP ox) v. 1'...� �- A m�/ i v /S 230 ,E ^ _ ! — - 1 �� NOTE: Z TI yq PSEE EASEMENT PLANS n \ - ` \ \ �= N. —� J� PROPOSED EASEMENTS, CL FOR DETAILS ON EXISTING AND \ ape )\ �86 \ "HOPE \ /lo o- F�\ / ` � a\ \ \ \_ \� • MATCHLINE - SHEET 10 \ . /, \ g a° = ax LEGEND g A Oh 1 s. 61 MATCHLIN€ — 5 -_ bvA�MATCHLINE — SHEET 9 �'_g H, l'/ // E�� °' �'�� '� PROPOSED HOLE ALIGNMENT mm�� 6. \ / _ 'u STu a \ �° �' \ \ - PROPERTY LINE J �/ -R.e 72g i5 LF 2 RCP _ / \�\� ( \�L`i` \ —>— EXISTING SANITARY SEWER W B „�, i/ i A w.e s m IBT.o v -7"a'V v '" 1 �� °"— �� m� �,��/ \ \\�� ��. 25122 •' ` \ \--,\T�/ '1 EXISTING STORM SEWER a „ \ ea ?\\ 40;P MES ' \ C �/ /-(\�} / (\\ - —.— PROPOSED STORM SEWER m a �\\ s J� e \ <\ � \ \ � rvwL eIi�5 �/ I \ \ 1 \i\ / ���1 I —>»— PROPOSED CURTAIN DRAIN n a m DI z � A A NLa735e � V 1s-L --AI PONo ouTLET , A \ 1 r \ �__" \ / li a7z0 6 .Y \ I//� \ \_ _� PROPOSED CITY STORM SEWER f o / r 1 \ R 875.o tt0 L[ .Q gs\ \ L yT �. 1 . PROPOSED AREA INLET \ �� \ o SS rv0 e a j� \ \ 96 0, s NWL 82286 I 36- \\ _ L • 1/`- \ e PROPOSED STORM SEWER MANHOLE \ \ * `" CD s�1G 25-22-A 875.42/ / ✓ (3 ,\\ / - - EXISTING CONTOUR \)) I e / \ \\"qT - ii lz R. 0." /J , \\ EX ASPHALT CART PATH Se pppp a a0 worvg35 Q6,6 O( Wt 88 ) NEW ASPHALT CART PATH R g / o wL7 I 55§ a / /( R 878.0 S¢ ZE5-21-A \I\ I . .,e if\ N ,. fl1.,,8 ss3 o 1" \l\ / �`T `� �,� /44 'N0a /j I I� STORM WATER NOTES: €S� 1. CONNECT TO SUBSURFACE DRAINAGE FOR GREENS,BUNKERS,/ Y 97o _� QEvad r / ° POND ou .866.0 / / ETC..- A@i�a i / E 6 s'O. = -�zis / gi / /6 3, 2Q VEE NOTCH WEIR INSERT-SEE DETAIL SHEET Q�5 [ R.g 50 I.878.0 / R �a � w.eeo.3s A yapa /", et f/ 7 / �j /� p / JN \ \— 30 PROPOSED CITY STORM SEWER(SEE PLAN&PROFILE SHEETS) / //\ / /y // - % I \\\ /��Q \9\ \\ ®CONNECT TO"WATERMAZE"SOUTH OF MAINTENANCE YARD '/�- ee / _=CF ,S�,F 8 - ,e0 L�� 5 ALL AREA INLETS TO BE CONNECTED TO MAINLINE STORM /'/ ,go ri,"% g B '''.:'/' 56 -D a aa5.0.' 25-24 A �� �e /\ J \ OTHER ISEH 6 HDPE WITH 1 0%SLOPE MIN UNLESS / I\\(\1`\` V( / i % 8 0� 1 , 073.0 f V K 5 L873. Hw4 _ / / op. I L��—JJJI OTHERWISE NOTED. gq m 'l \\ —����\\ /I �� r_ � , \ // a o•6.s �\\„-\ 6. ALL SUBSURFACE DRAINAGE TO BE CONNECTED TO MAINLINE F� E E b $ / ( I \� / /L �- 0 F RCv .__ \\y, �_ a/g• / 1 L- \ , STORM SEWER WITH 6"HDPE WITH 1.0%SLOPE MIN.UNLESS ggs€igE \ ��\\ii � /I ` =- - / 0.813.0` !�, POND SieH OUDiLET�- \ Y_� / \aZ/.i / f/ �/'P 'IR8725/)I \ OTHERWISE NOTED Alta �o _-� l -"`I, / - _fi /\ aTl0 ::: , �\ 7 GREENS TEE AND BUNKER SUBSURFACE DRAINAGE,AND L _ J� _ / \ e_750a /�_/ rl// 1 /\1yI AREA IRE RO NOT SHOWN TORE CONNECT INTO STORM SEWERZ(�I -_ fq�61F !1'"ss 8L� X <<' � �� g �I ✓ ,�\Jt )� SHALL BE ROUTED TO NEAREST POND OZ9gE 1 \ 6• PE a �70_ �\\\\ ) ��% y / �/ / 8 ALL PIPE SHALL BE ADS N 12 DUAL WALL HDPE OR Z L g\lI /,.,,, .2a y. $6 \�\ ��� — / \ /"l-.y� 1 APPROVED EQUAL.EXCEPT POND CONTROL MANHOLE INLETS w F \�_ \ / R o eeaz ���7 A i// ��_ SHALL BE RCP WITHIE RODDED/RESTRAINED JOINTS. Zis ' _ 9 MAINTAIN MINIMUM 1%SLOPE ON ALL PIPE LESS THAN 12" Z I I. j / t 25 de,.. 3 ,.I.aeo.0 N Iel _ //// R aas.z ro /t2F' I\ 1- /� / eszz _� j�/% - DIAMETER. a 859 / o /ea, 5 05 / 861-6 s 10.GRADE ALL AREAS TO DRAIN TO NEAREST AREA INLET,CATCH 11J n1 U /j I e 5 i �es26 //J BASIN OR POND r I I °+ i / �� T2\ \^ �Y 71 INSTALL GRANULAR BENTONITE POND SEALER OR ANTI-SEEP ,E I R.85a.7 I�/I L�/�k la A An sy Fi e4 T9 c �I , 3 >q \tom COLLAR PER DETAIL 0 i / / � / 20 'O^� - - P R'0 r �55 o� - r�85�\ - IRRIGATION MAIN CROSSING BY DIRECTIONAL BORING ' _./' I /�� OQ� jHOP R 0 2� l5" EITE , MH 6 —� J(n )L e a� �nN� i��� - �i s -11 L s5ea �-.- �'P° « F / //.a57z 'F Al— Wit"v ---� STORM SEWER STRUCTURE SCHEDULE ��W 0 _ i. «�« s y 1py� R60A8 _ 50 EA ) /F# �` NO. S E FRAME I10/f,RATF '6'EIB 0 L c \ , /. N R.81- I W I �' \ /� I. tl67(�\`( \ ,:\\ STMH-6 48"DIA. R-1642 TYPE B N d I Q S{I �i \ Ay \ _�0 - / //� /` �\ I 8 P L:650). \1 \\ J. CBMH-7 48"DIA. R-2573 TYPE F N J O d ' �� ®�I♦ c -_ ` \ STMH-8 48"DIA. R-1842 TYPE B N - — qA�a3 o F, /�i /`\ RR 955 5, o V ,.Af 36P1dpPE R 8 00 ¢ice \\ \\ S 8535 —` V STMH-9 48'DIA. R-2573 TYPE F Y '� iq 5 /V 11 rim / /, 2,08-00 t STMH-10 48'DIA. R-2573 TYPE F Y 1 FF� L =� z.s WI-6 ,A''� V // %//( / i 1 "'�,,� , , 25-23 A 0 5.0 : L/V /i - / sso / 1 �7 " STMH-11 48'DIA. R-1642 TYPE F N ZQ WL034 s n RWL Ba0-56 /�/ / / /r/s ( / / ® 1 4A `� 1� CBMH-12 48"DIA. R-2573 TYPE F N 0 a u s \ �� V / °'o I __ OV 1 ,� V STMH-13 48"DIA R-1642 TYPE B N W _ 4 i 1 I 5 4 A Y, �` / " P sn — -�•" / STMH-14 48'DIA. R-1642 TYPE B N Q �� R.8410 / R887t 1� STMH 15 48 DIA R 2573 TYPE F Y y L 840.0 EXISTING c \� r 4/ X '✓�..�� 1 „ _Z OUTLET \' -:.\rr\\`m " OS 0 L E 1 _. LJ Q sss. i \e\7SP A T , \__—, \/` `O�\ \� L T STMH-16 48"DIA. R-2573 TYPE F \ a d v El � F �/ _ ` ' Al LEGEND E� ...... 0 PROPOSED HOLE ALIGNMENT MIL z _�--_���• ® ——— PROPERTY LINE uum W0'a_ wR ,`O JTS n EXISTING SANITARY SEWER O m NEIL LAKE MARSH ,R —�— EXISTING STORM SEWER _ - NWL 805.5 0 —»— e 1 a HWL 807.0 V� jO PROPOSED STORM SEWER 19-14 —b•— PROPOSED CURTAIN DRAIN a JOSEO , \ �AS� PROPOSED AREA INLET G // \ O`N = e PROPOSED STORM SEWER MANHOLE `/ \\ -—- EXISTING CONTOUR o o E' _ \ \ /( MI EXISTING ASPHALT CART PATH \\.,...... \. //,'\t ® NEW CART PATH @fig a Rp�p6 \\ 3-41-= = nIIIET ro ROTEET EXISTING STORM WATER NOTES: $a)MA NT " REMA N `\ t GG tl O\ \' 0 CONNECT TO SUBSURFACE DRAINAGE FOR GREENS, °§ - �� \ POND 5 i BUNKERS,ETC... eli NWL 8058 \�" a // ..� HWL 80 ` a i' rS /' ti E,`'i 2. INSTALL POND OUTLET CONTROL MANHOLE /e s w f\ \\ MISTING PUBLIC STORM 3 CONNECT TO"WATERMAZE"SOUTH OF MAINTENANCE YARD 31 s W //s 3, \ SEWER TO REMAIN /\ �, '�/ /\\ "�-o RGo \ PROTECT As NECESSARY 4 ALL AREA INLETS STORM 4Li�b '¢ / I/ 9+4\ r�TY� \ \ SEWER WITH 6"HOPE WITH 1J0%CSLOPE MINI UNLESS ))i "; .I OTHERWISE NOTED V3Y � / j v� _ \\ . �' 5 ALL SUBSURFACE DRAINAGE TO BE CONNECTED TO q'2 � \ 4111' . - co N\PROAEGT EXISTING MAINLINE STORM SEWER WITH 6" HDPE WITH 1.0%SLOPE // -, \ i \\ _ o T E To REMAIN Al MIN.UNLESS OTHERWISE NOTED. 5 `' CONNECT CURTAIN . \\ H ,( / //�\ 6. GREENS,TEES,AND BUNKER SUBSURFACE DRAINAGE,AND •' g OreAN To MArvHOLE O _. _ f\« ---- _ JO4 (N \Nq ,.I • IMP �_° 55487.10 DIAMETER. Z= MAN 775 LF-CURTAIN GRAIN RRq/N O Z W R WL72 N -- 9. GRADE ALL AREAS TO DRAIN TO NEAREST AREA INLET, CO M`3 OUTLET 0 E 23-43-B ` \ \� CATCH BASIN OR POND. W Bg MAINTAIN PROTECT EXISTING \\ W IA• .a I// 0 383H. \ CONNEC`URTA IPA\ 1�IRRIGATION MAIN CROSSING BY DIRECTIONAL BORING. asaa • DRAIN To MANHOLE \ �� �\�... . Z 0 ° "�� 5 v v �\ e10 tF co IN o,- K Q W I'i 11111\ cr � vv / �%v A TA A o,ECTEIs G �F a\ o ^ \\ 4., ll \nn HWL 82503 \ ' 3� CK / /\ 1 \ / 11 I __ \ \ • ,/;.<,/,I/ y \ ' l>\T^h\ JO a � 1 / I - / / 1 _ j/ 1/ 1 \ //I \ /T Z V A A +moms - v v W v v .LP l_ Q 1€ 6i a \ o mi \ o" MATCHLINE — SHEET 10 a fi n 8 o mm,L GUM RUBBER SHEET IN FRAME. ti U i_ INSTALL PER MANUFACTURERS /INSTRUCTIONS • a''w N PIPE(SIZE VARIES) w' • () ,na n,va z on.Y •BEDDING&BACKFlLL PER EXISTING GRADE DETAIL THIS SHEET INSTALL TRACER WERE [ACAFlLL WITX.RANMLAR SEED A MULCH 30. PER SPECS . WT'L N 10 Am+E TOP OF AHD-SEEP COLLAR. (ROUGH MA) V-NOTCH '%'�i�,,Z aRam+wEOPIPE• PAEGIIAL.WTI Mk // . K[PAS6[6 W TX J-TAMP91 / 4'TOPSOIL(MIN.) I o o V OR: MNpOT 3733 TYPE II REINFORCE W/$4 1'HEIGHT XyNR.ammo 'zi GEOM..FABRIC BARS PER PLAN(W) ' .ACNFLLL WITHMpO�RAENULM FULL WDTNo�TRry CH 12 C-C / �� MRYT WITX'MNXOFY W w it/'� , M4lO WTM J-TAMPERM �'= 2"CLEAR ROCK 3'MIN. APMpVFD[OWL 6g�gE • .. ss a Mp pp,�L L�GGRANULAR BENTgJTE ND PIPE SLOPE-FRENCH IPERPLAN(I) WI,K,_1 6FT[RMH[r MTNETFf AER Esy BACKFlLLPOND SEALER PIPE) ddd§ W OUTLET POINT (MIK 6*GRANULAR IMTI BELOW S rc PIPE(SIZE VARIES) I/11... R �18'MIN. WEIR DETAIL p B4BL ENol TOF PPE.EX�Pf ROUNOEO �g1 �///_�//�/ G"PERE HOPE(DUAL NOTE',WAN°SMALLER MCA AND SS , A K( WALL N-12 OR EQUAL) FILL A COMP PCTOR AT ASS" RC.ACIo- $ ` SPPINOLINE LIFT.NOT TO SCALE `Li]@®g�By u i o AGGREGATE PIPE BEDDING • ORAMJLM BENTOMIE PND SEALER - I i *INSTALL EATER METHOD AT • g¢ CONTRACTOR'S OPTION Anderson Engineering ofMinnesot,LLC Anderson Engineering AR Minnesota,LLC Rtv to o< Anderson Engineering ofMRRRRRI,LLC CITY OF EDEN PRAIRIE,MINNESOTA E TYPICAL ANTI-SEEP sm oo VEE NOTCH BEDDING FOR ALL PVC,HDPE,SRES AND a a=a INSTALLATION -� ..., CURTAIN DRAIN A.-AA „o, "'^ WEIR CONTROL-TYPICAL m ",,,I.,,m, ,..^w.•'m° pro G 15"AND LARGER RCP AND DIP � ' DEPARTMENT OF ENGINEERING .+o Z z 1€ OgE MINIMUM RIPRAP REQUIRED ;-' ..-".• N W3 SECTION B-B _ PLAN CY W,s Is f'o ARSE&Eb. ) Pt OF L(FT.) (RM„)TY 1s :,z ro" CI z y s RIM., xa 3,�xRro Qw R.PE 1 Z NONWOVEN C£OTExn RICE • x / INLET � ■�� OW �■'�AD W Mr LESECTION B-B Na zz-za w-a v I 1 A Nilipr'� �1,A A'� �•� A ` B ®RMRo WART NGm R 2573 __ _ RIM 8XX BOLTED TO SLAB APPROXIMATELY 1.4 TONS 2 I -- - - - - (n W(n •III , 4'THICK PEA GRAVEL Is'wnu YMux. -- Rxm Pa I ....m J •w Ii BDRXFA 1 CT FWR. $ ice. i.� r.� �1��E I •,:� G INLET EQUAL J 0 Z IAa PRECAST /SLAB TOP A DIA.XX Il• I, . A RE-SHAPING AREA SURROUNDING gym. �, ', _ y ` _--- DU Mxr~a r M TUTS SPECIFIED O m WEIR. L , ; '4' r N 11,733"APPRO. ,...m EL.8XX NNL T W ARAD US _ _ IR 0.MAX U V ') VARIES INCLUDED IN HAN ATE IRON MOOR // �ypQ 4BUDILD 4 MASONRY WALL i- �'. ( INLET UNIT PRICE CRATE SUITED yfly�uh-lA w a x9 "MEI PLAN 3 CL J a f�1104$ 01 IN-FAIRWAY USE } g INV.8XX XX.'RCP INLET �,i/F xx HOPE OUTLET -• '•�i` ,m I"x°fDamaeMi. § O O M INV.Bxx PLAN B AD PERFORMED MVEKTE SI (PLIRA▪INM OR:.u.=WO.818 g TIE THE LAST 6 JOINTS ON INLET AND OUTLET RUTTER OR FUME RAM 044.3 L ADS N-12 PFE-018! WALL 11E USED ON Ng ill PIPES AND BED IN GRANULAR MATERIAL.ANY IMMO. i ® TOP OF PIPE SHALL 'THICK PEA 4oMls CONCRETE µRyyyp ��� J) u ALL WEIR EDGES TO BE ORANOLPR MA AL GRAVEL SURROUND E BE SEALED wATEft TIGHT RIPRAP ay ttP. SWIM �i0C-4711 TI S A.°owow. B.- s'�3o AND LAR EREOIPL) .A�R at B�(0.......3) i11►r.—_ w ��, RI ( FMN �� g _,7 . ..',Pt.10 X. w SOLID PIPE b \ PER PLAN POURED nor.TE WED. 6-lY Q T.' SECTION A-A `GOD FABRIC • N^ M^µ -IN Z EXTEND T UNDER FES E2.IIIM D, la EV TOOT. SECTION A-A 3-13 CC s RIPRAP DETAIL FOR FLARED END SECTIONS CITY OF EDEN PRAIRIE.MINNESOTA 0 II POND OUTLET STRUCTURE sTM lx NR STM 4s HOPE CAP AS Anderson En in oPNO soM,LLC Anderson E of Min LLC ET BOTTOM W g cering Rev.1-o3 "g"eC^"g �'"' RIPRAP DETAIL FOR FLARED REv.4-DB EDEN STANDARD MANHOLE DETAIL o P. ,mm „„, POND OUTLET STRUCTURE END SECTIONS BTM-43 TYPICAL AREA INLET ',,',,1 n N ,.. DEPARTMENT OF ENGINEERING AI 1 i/ ! I AI �0.1 w$S$////l���))\ _ ^ LEGEND o \1 1\\� / / /\ i I \1\I // ^��'T' l/-_�i/% \1 O PROPOSED HOLE ALIGNMENT JE -z., / \'_ // ///!\\�\ /0. I] I/III I ® ___ PROPERTY LINE ggia �` ---- - \\ll °- _n .`l�'<(/lj�//�1��/I _--_ EXISTING CONTOUR wfi'�^e'InrqN -- --- - I -- --- -- -- - " I I I EXISTING ASPHALT CART PATHco o _ l-r REMOVE ASPHALT CART PATH v� I r�F / / / 6� o �/ ��'_ l -- _- a.� EBL E JJ Lo- -w ` J ' / I/ R II N /\/\/\! DEMOLITION n a n ry a z / v —ss— EROSION CONTROL FENCE d-. BARRIER ^I v� �� o \f)�v- i /�L'' E C o EAND F _ �* I �I ��I EROSION CONTROL BLANKET M1 R /\ /i "J',^ii� - ® ' aI' 1 TURBIDITY BARRIER it l��l.*/!/j //�//,.7>N�� Ta J ROODP1AIN_ a06 ® ✓\ - - l \` o o L • I�• -� 11�!_�/��r,4o cvA �i,��i�j�"3tpcY v g �v r 1 j1PII �' (III ® FLooj \ ? I I IIIIIII I/ avmcv ao STEEL TENSION C BLc/Il11\-''III \`� T :f FLOOI / � � WTURPLANTI / llll / III !_i / MT. (TYP.OF FAIRWAY OUTLINE SHOWN) $a `� 'S- 25o CT Jli-r,^i--K..,. ';�.. - FLOOccD��3PLAIN�/ �/ - ./ I /,/Y I/*" 1II P� aeGi[xR ANCHOR//��/� vARIABLE DEPTH E r��>\i' is Nisiairlifilifi F0 i17� ti'�/ 80.0' FLOOD E N r�+o Ea-EPI / ,i \I II 1� /_' /l /! !S/ / �/�` ' \ CURTAIN WEIGHT ��/ /L1 I�°/I �'I�- _, '� '�A FLooD PLAN,, / / v.. / VA��� / �/ 8&N o If, o YIC� ��/ TR. l__ '/ / T _ EvAad W f ML �>'✓ ti A AScv AN F1 i V INSTALL D 4 % EROSION L FEN`^I / A '"i msAL� ��' °� II / - / "�_- TIIRBICNfY BARFiIEit w TURBIDITY BARRIER / i� _.\ // T l I \ , ANHE A/i 3<: ' O \J � ]a unou PREVENTION RI AN NOTE, // �� // I INSTALL .M 48 , 48'CAP I / o/ .STORM w ....xwww..ww .�o..ew.w J REMovE s N cMPL� / �( / iBARRIER "GMP . /1 1tj- NOTES. �•w-any - / www���lll��� S"SPA / INSTALL T1RB D TY="ER I / CITY)E c i 1. / �_ i '. 5 1. ALL AREA INLETS AND CATCH BASINS SHALL HAVE INLET g3/ 80. , / /i / MAINTAINED UNTIL TRIBUTARY .`.wa.ax.ram N ( C- +� "- - _./ - / / ) PROTECTION INSTALLED AND m -E F `\ / / " AREAS ARE FULLY RESTORED. SEE DETAL ON SHEET 10. F ER _ r FLOOD ELEV 106 TL. / • / ' I?---, 2. ROCK corvsmUcnory ENTRANCES SHALL BE CONSTRUCTED HI Via_: W M FLOOD PLAIN FILL 1 / BOJ.O I F O� AT AL AREAS OF INGRESS AND EGRESS. SEE DETAIL ON onc.w.m,.mr. g = JO CT /A� / / // / / ' SHEET 1OREA %q€ £ �Lo MANHOLE S f Y N i " � '/ / ! 8// g"ciaP� / , 0 REMAIN J. INSTALL SILT FENCE AROUND ALL PONDS/WETLANDS AND TI 000 ELEV. R C URE NT _ Mo,o m.oxx Z $44 /�J ! IN PROPERTY BOUNDARY ND AL L PO S A Cy G UT, _� ,� \) _ DISTURBANCE. Q z ' V � . )� mo ow' Pa (� _w__'Si\ /,. / �l i/T' I <'/ ___/ -T 7I{)( 11'L `1 n. INSTALL EROSIONNcorvmoL BLANKET ON N a 1 m^Eq:rc.aa.a°.x.n.,�.� ...e,�. rt w§w Z � "� )j j REMOVE sew , / ,/ wsrau arvo M�.rv1A 1 's -c�J sNRRANCEs O SLOPES GREATER THAN LL. xc..v,7:- XI...oaw.�z..o�wrziw�o-rmm rzaM roam $ley J \_ PAN EROSION CONTROL/FE 0/ d I 6 W ' S ! ,,,'.;A--/ (C "' 6 THE RESPONSIBLE FOR ALTOR LL COMPLIANCE L BE AN NTH THE MPCA x.o�o Q Z k U- ���-I '��'d/' / 9 'Sr' RB DITT BARR ER - O / �' 1 /'1 iI NPOESNPERMT REQUIRED FOR LAND DISTURBANCE AS '^"^"'^""�'"°` II a Q- -._ - / / ! / CI,...//�/ WELL AS THE EDEN PRAIRIE LAND DISTURBANCE PERMIT �� W , / _y /� C-/ I gga - 6. SEE GRADING PLAN FOR DISTURBED AREAS. .a^am.oa..Me va.'w ix �w.^ram.wm 'g I— f, 8 !! INSTALL AND.MAINTAIN I - __ / I I i=_ -- --- M�..wo�wYre�w..�"�� `�"`.::.w::izo... EROSION CONTROL FENCE 6 `�_� / 'V I / / REM30'CM L0 s __(CITY) / J\// o I/I jfi ,, \ \J' i ,� �,,, o,ro.omx.row...a.x J Z P - I :.w,.K,..ww.g..o....,..,w..gym.,.woo,x„u.�..x... : ��REAMo00 _ I a 1 \I / v a �_- REMo / eMP ! 0.\ 4Mir iit ,,t, i(__ , _ zo« F 8 om r . w REMOVE SMAL v Av � v▪ � l � _ PE X' �� 1 V / (\ AI 1 .bW,....dw.,..ro.,,. .A.....ro,... AREA NLE / / !- ▪\ �` _ 1/, \ .,.AL�.a,,..,a,...a.,,,.xa..,....� \ I � o 'et.' SAVE • MaNHOLE I \\� -'e\ _ ___ _ o� I��e Es�nr°1;c _ i sot, , .„ CONTRINSTALOL EROSIONL �/� ! �\ 11 ;es ' - 1(/�\ \ __-�� f ,F oL r /> �..gga STORM w POLLUTION PREVENRON PLAN x.m,... .ro..�,...x 0 Zp Y� .4. + \ MANHOLEREMOVE \\� Ali 6R \\ \� �•� �\ / ..a.mm+uv w:..Af°oi,.`:oio M� c v \\ • _ — . rzx numaromm rmu, .. W NO d_ , T < R€MQVE 6"C \ _ �\ 'gJ0- \ �\ �. J/ / Lei"tl` row.x..o H µiaou.. .0 v� \v .4-4 CHLINE 14 am.— ...,...-- . ...... .a o „ 2S a' a o M MIL HE SHEET 15 ®® MATCHLINE SHEET 113 JJ \� '11''' )i) wv♦. CONTROL BLANKET \\ \ g"`""`• o a m ♦�® T INsrA T Tr BAreIE�iZ, / V A / - I u w r o'Niiis re \ m • ti • .111 rvRsos oN AND Fe IN / - \v \\ ®�-- - "° / CART PATH ASPHALT \ ROCK 1 LEGEND I REMOVE �' ♦ \ \ \\"� A // I \\ H/ I E ANCE I CO PROPOSED HOLE ALIGNMENT \ �; \I 1 T \ I � -—- PROPERTY LINE \\ \ /1 \ b § �• \1/// \\ I \\ EXISTING CONTOUR \\ \\ �\ ca��PATH HA S,^ss \�\ - \ I\\ \ EXISTING ASPHALT CART PATH o 0 0 �I\' PA n \ \\ \ , A ,' 9L.F1! , F REMOVE ASPHALT CART PATH / `/ �. ,i,,,I. / �\ \r DEMOLITION �9 w kis / I/I / \/ / \ \ �J EROSION CONTROL FENCE b \ / //I(440 I _ V v � c A A /� �--/ I I\l l \- A K\\\� I/�/ ,�\ I��/ i TURBIDITY BARRIER ga S \\\\� C(/ Z• • : ROCK CONSTRUCTION ENTRANCE / o V / \2 REMOVE Ti'CUP -/ 1 Y �� I ® EROSION CONTROL BLANKET €y� �\ ` REMOVE ASP AL' raw CART P TH ,tio/� \V ���� 9 -_ \- / I (TYP.OF FAIRWAYP OUTLINE SHO ) b" o / :926 - A ®, O MENT . �\ �� •� D MAIN AN S IN .1 / ♦ \ _ ER CON TRO FENCE /8(% I —p— SHOWN) \ �� �/ I I \_ \�- EXISTING STORM SEWER '�� / Y \ l `F' I / 4 of 101 1 0 1 Jt?i1itT ♦f ®A. I �! ,\ /I i � _ Its7 ♦I / as �I1 �, � � E 4 1 tk ARo SURFACE I I 1 am404� � - I PUBLIC RonDl \ j asco CONTROL r . €SO\ I i � ® 4. \\ I ,I IN L MIT EMO .E AND N TS / 4 / ) � ; . MA l \ ww C ! �` ♦l ' R n C .L4, / � I. � � ` ®� 41 NLiiiiiiiiiiiii g. ct WL•s / i° ♦— / / I/ — / ® ♦��ii 2 C9 I, J ♦ \ y., .sa.� , I —\ l� ♦ � � ,•z-WASHED ROCK & b LLE2 �o Q W / �// i- uuu���TAI[ -ON / 3G vAA— i, ---/ � ROCK CONSTRUCTION ENTRANCE _b` asa /// / 7yF, b_, I I I�i <�I 1Afo/ , EMOVE1 IDPE -� ^✓\\ / ` ./1\ - - �� -�\ ®� i111 / 6Wk/%=� �(\ PLAN NEW Jcn w� 4i AI LI \� •., - / \ _��_ / // STORM INLET • • Z v ®♦® .�e♦i♦i• /1�.-- 7 ♦ a// / -ash: �I l _ f O O> lay /' • o !♦14♦A.♦♦ /I _�1i l/I MgvE wlANnaeE%u+Li 83�b / / 1\��` \\ 1 �� C O �/`/�) i♦.♦ •♦ // 1 A / �/ MOVE ASPHALT `111 II f MINIMUM J I'C �/,�.//.I..���� .O♦ • �S • �/ /; \\� \_��� I '.63.,/���ART3FTH ` • J0d ® J. ��Od?mot• Ex \ i C\ O w ��' I lip / ¢ ,414 TO REM M HOPE \ WIRE MESH REINFORCEMENT _ \ /� , STING F \ J / -opp � \ ^\ / " MOSTL FRS C �l9 LT FENCE) _ — //l / I 1 A P D a RE o s v WIS LAN' I V. -�� , / I 1 FABRIC ANCHORAGE \ \ L Tu I EROs bN caNT F G �/ 11 1 `� �� 1I_ _ TRENOR BNOKFILL Z Z \ t-S, ate. / I / 1\I 1\�I W\T� I , /, ` �NATIRAL�SOL D D Q q _ ~ I ;� ROC \\ \ / _ — / i 1 ---1 I O/ '- n CB/INLET NCHMNIMUM QOd aorvsnxucnory a, _�..\ / � � _-\ `--�! �I \___—�.' I/ _ �� '// EH W N \ / \; T ray/�T Th % ��� L ENTRANCE .. T\ " �a--« \ \ / 6 INCH MINIMUM Ee LLf s a EXISnNO STORM MANHOLE \ \ \ / E. �� mI' r0 REMAIN. PROTECT AS \ \ ( / \ ) �/ • NECESSARY \/-- �_l Y\ //< �,w, l / - \ \� �-,�I l�_ i ./ <„ y �' NOTE DEPENDING UPON CONFIGURATION FLU ATTACH FABR C TO WIRE MESH R W HOG POSTS S, o q g' -\\� \ I STEEL POSTS WTH TE WIRES OR WOOD POSTS [ /j I WITH STAPLES. ^'' TTPIrAL INSTAL!Anon X A ., STORM DRAIN INLET PROTECTION a- 8 \ xo L� _ ® 5 ,.L I I ) i '.,e� I 'S«0'F/.; " Imo`>i�N `�/�vv _������V LEGEND \- \1 f �_-'' \ <�i�r� \I L\,�\ /� , o / %,� oc,.-_:\� 0PROPOSED HOLE ALIGNMENT t z'=-i_.� tiu 1��� I /-e, \ /,/, C/IJ \ ` �. li `I�(L,. /,-'''' {.-, C o L L \ I C-/ ^ !Ali {)�i/ PROPERTY LINE i 0 �jJ I // - , f -- EXISTING CONTOUR ��9 \ �: \ " o Q __.L\ = l «o• try �a �„ < /> r� ° . A i,< .��/j ��'^J� C'X/r/ , ��«,�I/ «ice EXISTING ASPHALT CART PATH \�b \J K l• � ° `V ��/,�� ��%i REMOVE ASPHALT CART PATH § -' \ _ j r C) o INSTALL AND NAINTNN ' 1'0�� «V '��%( ® PROPOSED ASPHALT CART PATH §E C / A � ' ''ER IN coNN FENCE /-0 s/ U\o v ' Io�j . T �% i`,�,, /; / \ - o � „�/ C (, \l i/ o '��j��l` /o -Cry,`« —:— EROSION CONTROL FENCE ye4' � \ �`rl I/ �/ \o- \\ r�J - e I/ 'II,) >/ : �,Fl�\ TURBIDITY BARRIER ge3g\" / 1 /I ' \ o CI^�1 o J �.�//� / /� A�/� \ /� \/ ^I>J E \ L r T/�- / O FAIRWAY TURF REPLACEMENT g ,�o \I ` \� �'% ;\y \\ ,,--/---, �� /, ,4 i/ �' J h-E ,E-'v (TYP.OF FAIRWAY OUTLINE SHOWN) gii EJ Y \,, `vt /_/� AA vv2L '-:., 1/II) /I II�/ i,�a= �� /I /� \\ \ „,(/ \L/I \-��y �,(i �7 RE MESH REINFORCEMENT �¢ A1 �,/ / ` o vim, / V/VI v A �-- .�� - 0 V / ENcwEERINc rARRIc =e p \\\ ' z I `` \`` \`C >\ • N METAL OR A SS€ Eg I I�O 3, _ 3-73\ �\� \ \\, \ _ m_ _ P IN STAIQ WOOD POST OR %m'S f I� \A ` // ( \ _// ,�- vs �� ��. -� FABRIC ANCHORAGE 5/'em-� [�- �� �* � _ _ A( ) TRENCH HncNF LL Z O INSTALL T pIDN—Y 9IA�PRIEf� \ J �\�--\ �� \ .-. - \ NATIRALASOIL O Z g 1,%, ` �/`\ \ �vy4 i _� ��`g L \\\\\ INCH MINIMUM �V A ' />/ / I A �� v v �s olREcnoN OF W. \\ MT / \— A \\ \� RUNOF`FLOW W z.4 \ \ \� ��� BRIE \\w �n \\ VTw l --„\C -,49a 'WIG ' / EROSION CO 4... SOIL-) 6N6 �Z�3 \ \/ v 3,11 / —_ ' �� e �m (-NATURAL M9 EL POSTS WTH OE WIRES.U OR W00 Z " __ T � �,� ODE C T ¢w \ ER. 0 CONTROL FENCE y\ \ / NOTE G ND NG UPON CONFIGURATION,GURAT TIE ATTACH FABRIC TO WIRE MESH �. ( \ � \ / \ 1 \ /1 C r STAPLES D P0915 WITH V vim,i / A�� ((v ', T1PIOAL wsTALLARON O/ A \ \\ \\7 _._ <• 4 �� \\\\_ - -_ _ `1 EROSION CONTROL FENCE J uj _ 6"WIRE �cj� O �y-, m y�� x�w \ ` • INSTALL TURBDTY BARB Eft `�, -' w UPPER END LY a'q OVERLAP OFJ� g 11 I`_✓�I `\�\L`J \C\ __i/'�l �_�-e5.- ���1i 1 1/�I l� i/�- I S O \\�` / M TS ��g I \ / 11/4 5%4.0 14 Is \v' \\ LEVELi !m ONER END Z Z wki \ 1 I 8�� \ 6"WIRE STAPLES O O Z \ 3'OC USING („)\ I \ \ \ I DIAMOND PATTERN ~ Q IA v� I v vvVv vv I w s:� III v'- ITI 1.;' )/ AA\\ \vIl �� /�I \ \ \\ s86 \/ / \ FOLD UNDER 6.. R'7457°W.t. ''\7 EMATCHLINE - ET 14 v y , EROSIONCONTAOLBLANKET l��A ^Avv V� j// / 1 �� �20. v// \ - LEGEND ee /�� / / 1 „m ' - �` �\ , / --/ / !\\\ / 1 \ \\ PROPOSED HOLE ALIGNMENT uum O. ��____--- \:, �� �� - /// \\ 1 J 1 e //r 11(I111j1 -—- PROPERTY LINE --820� / aNa�p ^"' R%�/���/�I1I) ---- EXISTING CONTOUR Uso [M sry J a g 5'\� ff, p .- U, p'pp a I ///, EXISTING CONIFEROUS TREE TO REMAIN % rvM RB c. ... . p a „ FEET S_I ,<f ll �i Y -. _ r 1 O�Q�'p��' -O-�l� 0,.. �- I 0 EXISTING DECIDUOUS TREE TO REMAIN sc.. N p m,-a 4 1 'I - / ,)i / �� ��� 19,�� 1 I 1 _ - j 1 �, EXISTING TREE TO BE REMOVED 21- � J �/ !J /(j/i_iioi l S-' J����S �� 11 /3J�� Il C.i/!) _ .♦_� "Ug' ,o> \ J \. PROPOSED TREES \. I ...E J x It 1 ' rt-- .--/ -,!--',--- �,� �.� , I 1 J �1, \>a L r! /_ oC // Ip< F.- ,/j / a I I 1- _ _ 3 sIT SUMMARYEPW TREEsl;gCALIPER)r �tg a ' Xf/�/1<,/ �A / ��, -. /- r Oa; 'y ' / l l T _ O \ TOTAL REMOVED TOTAL 167 ErvEs INCHESa.1. ITV • -�� /\j, `M',/, ` — / /. y,/ / �a �� ,/� / 1/p1) I , *REPLACEMENT LOCATIONS SHOWN ARE �' :/• YhJ3-C / / / / \PIA.... CONSIST OF SPADED AND OR LOE TREES € T _ V.` ! � // , BETWEEN 3 AND CALIPER.LOCATION AND eq �.� of- ._ ) �.(> . '1`J .•' // / m e,A: 4\�" / QUANTITY WILL VARY AS NEEDED TO MEET THE eo I mo. / -- '�' 1`- I REQUIRED QUANTITY OF REPLACEMENT INCHES. E. is OgE ,< o� ,a v' I w w s i� i . r\- / � I /� s Q�K - w ? e ! : /\ / : I ‘ PPRE �RT NOT, ir s /R MARKED ORANGERIBBON BY SUPERINTENDENT PRIOR TO� b, � ME START CONTRACTOR � . U.,fi _/ X,,/ e V mai- 1 R, . 1 y / ! \ 't °0 Viini �. A -_- _- , _Ei3fJ( -. / / _ I \ - .�� 2 TREES TO BE SAVED IN CLOSE PROMMITY TO PEry AP rv.rv. o E Es.P PrvoP E��rvG PHASE <E co DUE TO THE RED LOCATION OF TREES D RE SAVED ,RE N.�Pw�o�o"oS` z m v _ _- �_ N, I v / l/ i , M 'A \ Qom z-s-.J '-� i ,. - ?: oo°oo o-°oo �a s TEaR. .M.�o .„�o .CE MRL.o� PET EsM R, „ �y � DETAIL NU_BE LIM,m TO,PEAS NEAR HEAVY CONSTRUCTION ASDETERMINED BY SUPERINTENDENT v>• �«saE„a."`E�.000E.`s o�oo""PoawM Pn rx,rvPan Z -- x D o og ' /-'' /,. / Iv/ 6. p 0 nsEn te ,AEs < aELEwE « anE skErvao.nxox nav R SUPPLEMENTAL a MET ro•ADDITIONAL INFORMATION Qo- ca..- � � j/r / ,� m °L' �0gL r O l : ' � i / `- 1 00 g _ _ O O � , r.r ,I _ P �//� 'It PLDMRPM„.THROUGMWT THE..RRµ. W Qs O �� -_'� �'f . l FROoRaUMNM.��:,17 a• v ` I z Y ER T I, R � _ HOLE.UPRIGHT F. TREE.3/18.GALVANIZED STEEL BRAIDED CABLE I= a p; �' b a / r " agEMR ML µ .. > GUYING E HOSE CHAFING GUARD� ak / �.cs.o- _ ,_/ . 9-oo-- a^-al -=-- aLAJ e. .. v o ` A. °° ' _ ' • o— 1 o ��:aµ .Pa"A'''''. rE ) o A C'aa �° 4 N, N ) /' bVa7- BCo-/ / \ ileavm ZED STEEL BRAIDED a uacEo FOR w-10E di` s o , V l 1 � p • I //i Q aLRTaDDRTaRaR cur / v ii t k SAUCER ariii= ,11,1,OR PLANING BED(SEE ra e..FOR SPADE EDGE DETAIL) w s _ 1 1 Cl� , __ / Mir , '` - ,°77/ I1 III///I/ • 1 UTSIDE OF STAKE CIRCUMFERENCE LaaRa LONG ANCHORS on.r„BELOW RRs«GRADE H IA' ( \ S. / z0 �� I 1 i! nn n �"J�J rm+E ROPE AND YOE FROM TOP nur a n kr V A 0P- V e'�9 l u \ E $ � A I � Sro "'41 �$T �� MATCHLIN SHEET 17 - 4I �_i RomM.oTEomL ?1 's -zA r", . �� -' k� "F3a . 9F- _ t a_ ODECIDUOUS TREE PLANTING(TYP) o a; D a P'�TC'H L'NE SHEET 18 a V AA 1 %a- I z. MATCHLINE SHEET 16 Iv� C T �.� - - l - cZ,umm \, ii I?-' V °\l}� �, ♦ `�-ter \ V 1 I 1 ,`� 0 o- °_, ,'M}- p„ r rlf O'O O -`� VI 1 1 =' v ��� �a� o-�pi, e� ._ iy"— k;i 0. s, �, LEGEND ) _- li v �\`/Ivy Via . o, `�'— >`,. o- �"."�. O^�yJ1,, Av�v �/ \ ., ,� \\ —Y , • �' �• v.+ _L �` \ \, CO PROPOSED HOLE ALIGNMENT / 4. - PROPERTY LINE �� s _\ - ---- EXISTING CONTOUR '�rc o 1 i o- • ,1. A / ?� 1 LeAiti '� g/: '" \�� )�� -�j \\ - /� 16 1 _ -18 li\� •. EXISTING CONIFEROUS TREE TO REMAIN 55E - ° \�"�'� • 11 \ae / /- rd ,. - - . �� /{-,�. 1,,_i IIq. fi g d �, X11�� �� %1�'�' \\ -�����( .-1I�1k- + I O EXISTING DECIDUOUS TREE TO REMAIN S rc o �) l i_�� �- t' --v - l 1A glip ,' /' / re)),1 1 ,� �_ - �' ,E ,o-� �Q I(\\ EXISTING TREE TO BE REMOVED ¢ ��� . �'=1c-, �jc �. 1 (1'I -'6"Oki - y�,��_� I I �,1i - /I PROPOSED TREES / =eza f , i— \ ,-- /.// �a.. —_. "' FYI 1 1 Aa a o , .,°--, ,, ' 1 1 v` s v -0 r1 "' ,a-F. A , +�!!1/ h / i X 1�1 �ii�a o Iv __/ / /,, v1 v , �,a� a �i) s1 . �1 / 1 .° vAmax/l° 1\ < // = -� k \1 o-�'" `c77 .e.• o- If I' 1I 1 �f I — °° a �-- gam/,/ / „ v1 /0. l • " �� �� _ 7 t r `� :� � BF" �g / = eon ,,,0,.. _ :6/I \ o f _o o_ , 65 € C d _, f • 0=- V ass-!� 1� �\��\ , asE • I .l �._ �// ��� 1i/1 �` 9�� fl ---- --,I ti'`7 r `sexy i �".� _ CI O i. ' i'/ �a� T� 1-1 —/, , 1 «. /_/ x� ash"` i _ _859 I dos/./ —7y-/ / / �I / �1 ��h-�- ,2 1 7 , , v o- _ -44 � v � • J sal,l1 V�,/,'rl� v'",/,/ ,Grf 4_/o-_ /' ., b>- , � to .p�1-�- ,�`; 106 � 'Y \ ice' / a'•' � r% i.-,r �J o .�" iLas,z y :.�` l\ 1 _1 z /- I 1 ; 228 o �� .�. .a9E� w..,.. �w �a-�11 ! � - a_ z� �'/i/ 1 ° I or��/ a�,�,. � �,a�.00a �a�. a�� Ce f o �/' Y 4 /A vA 1 Ivrii .ma�En...�x.Ewo,E.E�E o P Ali f "_ e w oom v. s �� m •— ' y 1 W,9oE OF STAKE o�U.�.CE@W I}ea a w w li o, 3 / � ' a a/ 0" -- / "*- � ........... / ®GCON FEROUS TREE PLANTING(TYP)i \\y 4 A' V� / 17'' II c. fi a; o L� -------— m_ --.--TF.='_,'t , LEGEND a t o HIE 80,5 - O PROPOSED HOLE ALIGNMENT "nn m a -—- PROPERTY LINE — ,N,�n ---- EXISTING CONTOUR /\\ T-- ,- r TNL T `J ; l--` \`!n,o7/ S I - -`� EXISTING CONIFEROUS TREE TO REMAIN �/ \\ `�T( ../� -1f,_.��\.-'� �,�_� \�� 1 r' �Sl7�Iti a r I I - �11 0 EXISTING DECIDUOUS TREE TO REMAIN LA o 0 7 \, �r//a NT , ,r u ,, ,,/i _ 1" lP _ l'N` i o r 4,', °f EXISTNG TREE TO DE REMOVED g w n T o o e I\ I>o� •"I`„ c'?/>J o_( 4� ti PROPOSED TREES €fig a /ems"� vvv �. " ��� ��I </t-, ate ,,,,�'r \ ter A\ � vv /�� �4s) q /7a "� ' ii i. // \ 1 vvv i rill ° ,i'_iy r "I11�� / fir_,%/ �A ' .� ��� v�1� ^ .,/'q' ° 111Il�, r1 s-• Its.g',1, 'j1" 9 /o-O' \� v� ,lv�l/iiliiii ��� -,-• _��� (�-•_51,1% p V ov<' 7J/ m ae el Eti zonL 11 _ _ -� W.y t 1 �_m Wv t , �aa12^7Ao � �Zi ��®.. "m"a.a:" oiaw_ Z-.Z` �doo.w ;° :.LL, r v-„ , - J, i l � � o �I� r v\ � Ld p I I I I • • kb�000 t7 00 '�� �� _ ! I Y"`oeE A"i' ..,,...a. 0 0 �0.�_ rr-` w 1161 I I I IL- roJ aY - �I 4/i //IIII/I 1 I v 1 /i 41di I I I I 00 m� I , _ 85a q i` "= _ w a . o a o a�hEw e ILI z E I k' o-� wa a- _t•� ';--- TREE PROTECTION DETAIL d o-- (LT.'.,--, OTT a' W s iI 1 IY �11� \ o-z,_ A �,� 9� v l \ n -b;:. c. , ' '— MATCH LINE - SHEET 17 \afl"'TD" e �� a I g. \�a 'S a; 4±1/2/ ,-/: I ‘6, \ ' `�- NEIL LAKE MARSH - +�� I LEGEND „11 m a NWL 805.5 / AWL 807.0 , Sc > 19�R f/ -yr�- /' WETLAND BUFFER REMOVE SEDIMENT PROPOSED HOLE ALIGNMENTn a m�v z / n'f°oNm'A t p ) ( .- �-' (YnDTu VARIES)-cc (SEE w 4 FdR DETAILED —— - - \ I ® PROPOSED WETLAND FILL _ - �VG )^E.�i �1) �C DREDGING,iNFORMA• i , " GOBS �/0� i/l /TI/J /)` / 2 REM4v£wo66 J 0 PROPOSED WETLAND RESTORATION 9 /(f ���t S �. 11 3 ®mdA ®. zc EJO PROPOSED WETLAND BUFFER `q IT /^,)iz` /`A o `� ,Y� ,o2L - a��'�w LI 80, I 1-' { PROPOSED EXCAVATION(NO CREDIT) �tlf 2 �i L/�,,,�• t jv 0 3 r �} EXISTING CARTPATH NOT REMOVED p / l( I ,'/ s S $ag d / r/1/-� __ �i4`34 A 3ti Lg' 'Nr Il '/' ) ' ® POND SEDIMENT REMOVAL ir§ l 1 ) c E P \ y fr_ s �`i —`` E \ - - EXISTING WETLAND DELINEATION ^� (- .. / n /�` : LAND e ioe IDES OFI i 1 I o \ / J � •y J` I J ,' - PROPERTY LINE .0 )J)/1�n1 ,l I tt / .I <y, / \0 Lrl(_ E` o Y4l C` 3' /I� ���� NATURALIZE WOOD �/ © ,/Ii, I --_ EXISTING CONTOUR Eeg31,i r✓ �, O eo g -F1- � ,,S! / 1 I ) '.� MMnA POND EDGE RETAINING WALL- -b i L / � ri. / /ir L. } 1 I _ VINYL OR STEEL SHEET PILE I i a 8 o P ,,L / /)K I 0/ ��' ? j _ / / /I I O le-0-1 INSTALL MUSKRAT PROTECTION 1K / _� / 1 1 1 ' (SEE DETAIL SHEET W-3) /S 9 / � pIr ATANBLZED '� .-_�//, //) I ( I l f-�--f l TEMPORARY WETLAND IMPACT J \ /'SA SM6AT PIA WALL Gb it / -ETEPiIs£n wA I , za533-c CONTRA_ / // / \Ii..' = § G ,/ \ O / `. /, I I \ A WL) WETLAND BASIN PER KJOLHAUG REPORT ( J /,p/l l// Y a ( �R4.. / / - // I' $ I •�25` DATED JAN 20,2012 �'q /A J -/ // 01• �/ 17Ir'Q; I IMPACT AREAS F LI / / r %fiVAT1ON E DONTR-CTOR / 8 1 �/ ` \ 244-33-A -i ! 14 / �0 , l� g i WI S ) l� / / -, / a -- IWpelWwm Alf, j t /' C — /�»)j / TotalM{at on Credit Re0u,etlmi2 Rego= , _� -IIiic Y 5BSg#ARATE CONTRACT //I ,/ / I /%�� / /� tuna Bank neanmb.oRranPKa= asap i7iEDEN PRAI IE f //, ,�5 - /_� -t--/C ,,,,/, i'i ikI M� WDIMP, �v)��tl4 \ ` � a)z/I ',`I / I 24-34-E _I a Z Trn,.., oP4,4, a 'PF �3 � l I `�_ �-� a, �� ye. a T �i �I ) ,, Sti o i / / 1 f_ / 57 � —_ � ROO '11 \ c_/) PTO l�)\\� / \� ���� —���% / 8,9g 11V \-?(� °� 780 \ IUD/\\�� _ ,�,v`�=-�`-'\�\\ ) ALI 3� �1 I`\ _ 5) i � goo . vv )) � = �� ��,�� � Tom IDES RnRO I— III ( __ 1 ) \.\\ asg ,/1I v \r \\'-,---'7 z .11 ii sae \i�i� tl 68��\� \` ) /\"� \\\ 4it / ' //1 V A V A / 41 �\ ass. ` ��`� `� ��. tlb. ��'—`L�oMATCHLINE SHEET W 2 \ / Ri g. 8x A m P 1/ATCH LINE SHEET W-3 8- AAA 1 A 3 g�sgA vA� A\ MATCH LINE SHEET W-1 A� - �'��""�//� I� „��L V sA v ... ebb V A _ -� \\\\\ \\ \ 1\\\ eea.y\\\ �I\ I/\ \ s�z ��8 ��\\\�\ \\ r \ \�� ��\�/ Vv , �� - - /// / fj v I I / /v 2-V -_-\_- V\V 1 \� 1�v - v A A v , / 1 v/I �� v vvv LEGEND \ `\X..\.`-...\\\,\,,,,,,.`N v v -. m 6, I 1// ¢ 1 vvv1 = , f/` v �lv. WL9 l I // 1 \a PROPOSED HOLE ALIGNMENT \ wey zs—zz—n /// �1 .1 `v _ ' /\ ``�\\��./ \\ \ �® Il �� ''�i L\11�\,. \ / \ \ 1 ® PROPOSED WETLAND FILL rc \ / // \ f \l 1 PROPOSED WETLAND RESTORATION to '" • `\ / D\= __ / / , - _ �� �j\ \ 111841 I 1/ 11' j. PROPOSED WETLAND BUFFER $ilig b / - \ / \ /` / ,WL7 \ \ i, i . \\\ I '/ / �I II11 t,;,„ PROPOSED EXCAVATION(NO CREDIT) ., / // / / / �� zs 21—A vv v / ` ,� . � _ _ = I \ / / / �I (\), 1\ ® REMOVE/REPLACE CARTPATH €¢� / v/i // / / /�/ \ -_ ( --e9o--�// gl EXISTING CARTPATH NOT REMOVED ' / ,I ii i III4 a�n ��1i iL JJ�1I1 °a / , - \ �- y/ 1 8,� e BB6,6 1 I 1 ` = POND SEDIMENT REMOVAL NE` � /' / \ � / I `./\ ` EXISTING WETLAND DELINEATION g£j u m � / r�� � \\ � �l :ell/ / \_ — gI / ��D \} X \ /.� /4l �/I\ y \ • -—- PROPERTY LINE /v� i /,��//� �/ .-d.5 / ,f/ \\/ ---1\,i/•88i.- /1I/ \11 \ \ f EXISTING CONTOUR 9 A W1MA POND EDGE RETAINING WALL- / \ .; \ -\\I / /7 - , ea VINYL OR STEEL SHEET PILE �l _ _ - I \ -U / / \ 6� / �I I �/ I -1 INSTALL MUSKRAT PROTECTION g E // y 'I �_ / 8/ -`\\ ---, \\ / � 8T9-. /% Ba\6 V I I\f�, \\ (SEE DETAIL SHEET W-3) LH sE / /4' - 1\ \ \ \ / /i/ \I > �j \ ii TEMPORARY WETLAND IMPACT 0q1.,£ a s v -`\ - - ��!-' \\ I- j_\ IJ/� 1\ /\\T,I \ WLl WETLAND BASIN PER KJOLHAUG REPORT Z(� \ --- qn.1 \ /`.-�� �\ '8 g\ / �� ✓ 1 ^ej ,� DATED JAN 20,2012 O Z 11 1 � �- / \ \/ �\ / T \\\ \ //✓/ '1 / \ J / A IMPACT AREAS B w 86z8/ - /83 7' v n v BB --vr v v _// w• / / // 1 v- - ,, 1 v V / / / ,/ x \ / I// r/r/ \ / yay // TVf� \\`/i/i/ 1 �� ��. i \ �.Avv���i I / � ,- I �� / ae�.: / /��-, QW�� lt, 9j7 � D /✓ ea� / j P v y\11 ,vvv/ _/ I I v� L—l< li/--/ �_ I 0 //j —v %''8. / // _/1�v v� __// ) Asav /�v ee51 /_/ `// /G- �� ,—e6 — 6��-v— A www 3 —,, 1v�// -,v1, 7— /� ' ----_ / s� �I -- /_'C�" ,vv -, ici 1 / Iv/ zjw ofq �'i/ ! ,1, ��/ �� U� 'v / /�/rA� i i / �B� � A �.I Coo \ - \ Yl L / 1 %Cn �; v� ) 25q / J s\-' /,R� 1 \ U 1 s�l \f 17 r // G, 1,1 ( u o l'i-t) ee 7,'' mm L P,IVP,P/: 5y ; 'I I f Fa NEIL LAKE MARSH / ^ _ N'(IL 805.5 0 >o Sao mo o o .8., `q0k Hama-z 0 rf ov'S�J0�0 LEGEND / \ O / \ PROPOSED HOLE ALIGNMENT 0 0 0 '\ \ , ® PROPOSED WETLAND FILL \� ` \ //'° = PROPOSED WETLAND RESTORATION �; \ 9 w V I 1 1° = a /////' ° s!sw PROPOSED WETLAND BUFFER bps \�j. \ / f re/7 ` t f, _ ',}{: PROPOSED EXCAVATION(NO CREDIT) li§ / '\\ \\ /�\\,,,I,_ ® REMOVE/REPLACE CARTPATH 5�'p \ .. E G FOI CHANN ()• i dd p / \ OR DRP N�AGE / / /.\ (SEE Gawp rvG 5) i 1/_1ZrI5 °/ = EXISTING CARTPATH NOT REMOVED 1 �\ \\\ I\-�,✓ POND SEDIMENT REMOVAL P \ \ \\ REMOAE EXISTING i - EXISTING WETLAND DELINEATION b n \4.I \ \ TIMBER WALL& O O � ]'1 o V / v b - A STALL MusKRAi PROTECT.ON ? \ /\ \ ry4i33` PROPERTY LINE `q\\\� f \ �\ `\\\ 0 `IN3 - EXISTING CONTOUR 9 REMOVE EXISTING A '' / A ' I/ A- A � \\ i WHAM POND DATE SHEET WALL -- 1 / \\ / \ \ II _r VINYL OR STEEL ASHEET PILE &REPLACE t` '/r\ \Y,Y S^j \ \ \ ''\\ e n / s 11 / ( \\\^ 1\\_ \ ,\ A, Y' X ry�n T\r� N--�ti INSTALL MUSKRAT PROTECTION g ��\ ^� \� X (SEE DETAIL SHEET W-3) maE V V A V!VI v Rro ovE IrReE&/jVAAYB�oVH p ill \1\ \� - 25 sk P.HMPnOT� \ W. r f-�--f I TEMPORARY WETLAND IMPACT f =� �,; b�,a� m 7, `N gym " Flo- —4�`�^ O- g I / \ I j'-, \� ��"\ Z-@�_ �\ - � /- s �1 WETLAND BASIN PER KJOLHAUG REPORT ' _ ` \ /4____-__:,, ,�� \�_/' .��'yq_^~�4c��� \ - I t _ DATED JAN 24 2012Z(tO 23-43 B`>H_ `\11\ 1� \ \�^ \ \� \� _ ID"� Jr \ ® IMPACT AREAS OZgEPerernu MusrcR aorzcuRE l� V i �i_, _ � To EX SArvc E� IWL72 - \i i� /)l \ \ \ '^a I W POND EDGES ON THIS BASISNAPE POND EDGE TO N ' N 1 \ \ IT- �� .�A UNDULATING NATURAL SLOPE /•J^ z. J —\',RI., 5: ---':71-'- \ uE Ewsnnc vm L DIRECTEDVARY 31 TO 51 AS 2 vvvv ,,._ ) i ' n NT°tti�Cox�nE" NI ON-SITE AREAERIALS Qw g V.: AV —1 Al s.zv - vvvi / �t�" /��vv v A II // I �z vvv EXISTING GROUND LEVEL V I, \ I v A vv , v v i(� III ` _ v v NORMAL PER DETAIL BELOW <IN \ _ _ POND INSTALL SLOPE d 8 ' i . \\ _ /- ? . BOTTOM JWETL(UNLESS NO FILL os EnumPo c mow~ AND LINE —it,Z m �` �N// unvv 1 ' /n , 1 a. \� \\\\_� /////I If///�/� Lr \\ TYPICAL SECTION - POND SLOPE/WALL REMOVAL(NTS) d Q hi I ,T \ 1\\\ ; 1�i ' 1\I1i1 �/ I— )// A A i xgtN 2 FT/` gm sLovE vER AETLANO PUN o Q 2 FT rBEITOVI";ATE E 1/Z CfL a 1\ lL� \' \ '''' I v�Nz£o N°R FOR MUSKR,PROTECT. a 1 1\`—I-L rt\\\\ \ 1 I, - REBAA BENr IN u�qG" Z TO 2'BEY ND WATER.l 6'Rlv RAv siAPLES i0 BE I' a ro Y BEYOND NEEDED OBAL LINEONLY a nRE REINFORCEMENT MATAST -1 I T 1 W s'I I11 - \ TYPICAL SECTION - SLOPE PROTECTION AT POND SLOPES(NTS) m I'11— ��� 1 \ 1 0- \ \ / Vn w MATCHLINE SHEET W-2 \\ \ \ e \ \\\\ a M a; 8 o • ____--- , , , %Ill �< oa.z Utioso - ® o Li"" m o /�� _, o 4t•' °0°0°0°0°0°0°0°0°0� 8071 / i/ ^A�VA �i�/ ` +s °o°o°o°o°o°o°o° '' • „ c/ _ LEGEND ^ " l/ ,r {L• -O•°O°.o°.'• \ ET99 GF.9,�',- _ �� V A A • ILL / \1 ., aoa •\` ___ _ 1 "<�Na ( II O PROPOSED HOLE ALIGNMENT EXISTING C+TOURS • - ��— G—� /��\ (TOP OF-DIMENT) —;i a�:o O��•Wt�• ' // 1 i 1 1 ® PROPOSED WETLAND FILL I 2 05 d O. 0 ___/ WL3 J` �' o °d°O° •• 0 PROPOSED WETLAND RESTORATION NWL 803.E • I� L-.34 B 1 3 �1♦•`-• / _—i . ��V 24-33—D '� O T . ���••I EJO PROPOSED WETLAND BUFFER _ w / WL3 _ NWL BOS9 I �\1 3. I /OI I ... PROPOSED EXCAVATION(NO CREDIT) o 0 0 \ / 1 w rc , � 3 — 4-34—' -r x 1- / j �`� ® REMOVE/REPLACE CARTPATH el 05 O 2 ®� - \ = EXISTING CARTPATH NOT REPLACED I=�` 80 .1 1, / di a T. 4 5 — / I " �� / ---- EXISTING CONTOUR lyqig�� ( _—` PROBE EXPLORATION POINT \`SI I F°g§, P'1" y yam' BOTTOM OF SEDIMENT(TTP) i �02 PROPOSED CONTOUR d�€C 807.5 litlp''' ——_ I , 11,\ 22 1 •l; /- �� ��� \\ , , WU WETLAND BASIN PER KJOLHAUG REPORT •J�e —_ / Lil 0 NO•• PROPOSED CONTOURS_ ---- / \ /' / / DATED JAN 20 2012e3F 41 �Q i / -I \�`. %�1 $ SEDIMENT PROBE/BORING �7$� WL3 � • ao8_s ��� v l i Ao 24-33—A o i \�I y� / ♦•` ,•,, ' / 52 1 / / �.I Boring Approximate Bottom Elevation : / / # ,/ (, '— V v �J� / / { 1 801.32 E N 2 799.88 a¢ 3 797.54' fi 4 796.58. It Ell 5 797.02. I s6 797.95 -NCE WAS NOT FELT FOR BORINGS 3-5. 9 Z x CI yap z' ! � / Qw NOTES: / ' //�I /// / 2 O ALL SEDIMENT DISPOSAL SHALL BE IN "� PROBE EARLORAnOry DIN a / , -2;) • '^ / ACCORDANCE WITH WENCK ASSOCIATES TECHNICAL I � MEMORANDUM DATED AUGUST 9,2013 I_I / 8 TTOM OF sEO MEN (lI ' `,9,�� //1 \//// 0 I/ Ir /� g d �O6 / J 2O E%CAVATEO SEDIMENT FROM WL3 MAY BE (� J / � // — //jjj DISPOSED OF ON SITE CALCULATED EXCAVATION E I r \OP't'- /)I( CHANNEL EXCAV I• - ONTRACTOR \�� '� VOLUME TO CONTOURS SHOWN 2 430 CY J W EXISTING CONTOURS I C E . (BLE• =••UER TO MATCH NEW Jam+ —1 Z F I / / vnnorv8 AFTER aTr DREDGING) �.r/ i 3 EXCAVATED SEDIMENT FROM WL2 WILL REQUIRE e E I (TOP OF SEDIMENT) ^ / / �'W ,p ��.�� /1 E O SPECIALIZED DISPOSAL PER MEMORANDUM. _0 W 3 I \ / I / / CALCULATED EXCAVATION VOLUME TO CONTOURS W m /,1 T / / IN i , �1; SHOWN=2.000 cY E 8 ( —/ / / l WL3 L.-, ��/ .-O°O 4 CONTRACTOR SHALL SUBMIT DISPOSAL MANIFESTS M W ct Q j // ___ �r �rvwt.s03.6 �� \ 24-33—A� / .�.��/ �J°o000 p O REQUIREMENTS.TO OWNER&COMPLY WITH MPCA REGULATORY JO0- g --V ) T I , ' O i 'o0°000000 0(9 R � / ♦ a a o 0 0 _ / �—/ / v / / /.� . 00000000bo ,e• DREDGING VOLUME 0 0 o y 6 o J ti �� VAA / �, � �� Dredging boo 9. SEDIMENT-REWOVAL AND PERM wrvc-V -"� /%�i/� •._D2\ D., / °� . 60000000 0000•� Wetland Volume CY d sx'cl,OFEGER PRAIRIE AGER—� ��. \VvD_— , ,O� / 0000�o od000 we a ID m ( ) o I SEPARATE CONTRACT \ � i �4, 41.. O°.°OWO°o° 2 24-34-B 2000 \ c. d - o°o° • 3 24-34-A 2430 p m i 5 0d- g a I $v _ 17, 8 o H o p ��a� o aY,a NWL 8055 h BUFFER EASEMENT(WIDT1 VARIES) \\ I�� I Y i0 j44 'W a HWL 80]0 //// / .,„�9� / �� PROPOSED 20' ae. //`� WDE D&U ESMT 0 o GC�/ (SANITARY SEWER) �� o o E� � / LEGEND ` - � - z�\ \\ f1 y -- PROPOSED HOLE ALIGNMENT ��g W L ` - — PROPERTY LINE �g5 a \Va 24-34-B I_ DELINEATED WETLAND Tag / / /EASEMENTT ON PROPOSED EASEMENT LINE &i§g ' 00i_ A a I t J PROPOSED DRAINAGE&UTILITY EASEMENT €g� f Y////I PROPOSED CONSERVATION EASEMENT N'e PROPOSED BUFFER EASEMENT Ci¢ // / n./ AWLS PROPOSE020' II \mil HNfTenESWllm.ry PrcmfedlW9asn ' - N7 /� W1DE OkU ESMT. ' VJ yi '41Pa i �, /� i !—:.Es • , ir.y., /.... , r- % „. 7 / r ,,,,r / / /.0 ----,,,,,„ i i 0 ----1/ ...... -T j, 40 A _ - - - to c o s , PROPOSEDEMO�/'\ *� / //7\.s IJ I� �I w WIDE . / \_ drw I— I� 0 ] / 1 .n. I p....�nw..al..,.,—Nx"..n.M,. . n. ¢wig /\��� //// ��)) PROPOSED 20' I, I LAW1DE OkU ESMT y y (n W(1, I / ' // � wDE DkU ESMT r I I I��! `� q�w xw anC s gq "w nn.n 11 a ewn �e r d�� =a Z U � �� / /\ Y•10 ��� � � a.a..a_" ,. .ems_„ >-0a J Nl4.s� 8 U'm I„ ^ / �� PROPOSED 20( / ` eir.er.‘. /J�//{y\\ y/`yV\j WIDE D&U ESMT / wlaq�l li..."prman.u.up3ld.�m.n.b.iwe.iwdve...a.wrl.. uR \/ / \(SANITARY SEINER) // ...xe.rdn /. 37 Q t. T02-1 \ / ›N \ 4 ,7..,,,./ \/ \ w 1H _ _,( v4,, - o"ii �B \ \ii MATCHLINE — SHEET-EASE-2 -- a�= N Rv 3 W fi' o 8K H. \ AO ` ' Ire �� '\ "� A u p • „� QMyHL SHEET E -1 yy / —MATCHLINE — EASE-3 \ i ® agN� \ Oy�qy / N y Q sm _ yv ;o�� �2z� , ; I � y \-- ..yy N y , 0 �/ 1 1 1 y LEGEND / OD\ WLa y 1 _ y� I_, o 0/ N y 25_2Z___- tir0 O PROPOSED HOLE ALIGNMENT PROPERTY LINE S/9 rc / " ����� " DELINEATED WETLAND gg: y d z� — — lib yy / . ' PROPOSED DRAEMENT LINE ww O / ��WL7� § /,/ 111, 41 r25-21-Ay II PROPOSED DRAINAGE Su UTILITY EASEMENT -'' y ��_--J ' Y////I PROPOSED CONSERVATION EASEMENT 11 p IL- .,:e a _ / ) , " y 1 PROPOSED BUFFER EASEMENT pe''g„"' / as y ,p /_yy�0 � — — — — — — r — — — — II � y = y � 5-24A\i 0 E 0 0 y 1'4' 17 I 0 , i .. „E tow g w W"4 �� 0 1 z�-; 1 aW0: yi 0 i I D71 ri //N =�Z m WIDE D&U ESA.- '\ y U O w CL Q :I ii D&UnESMT. // / 0 1 J d / \—4 ) �L6 y/ �0 y� y z 4 1 ,,,__ H �,,,,,.. •� 25-23-A I- y -Ew4T.UNfl >/ /C WIDE D.y/0 �y / w �y y oCA sal 1 yy 0 0/ O y— Q W 2 y o y/ y CV �— N� N / — � n _ a o i ® „may p NEIL LAKE N NWL 805 _ HWL 807 .rEn n a n < m n T d , ,:, ..N, \\ LEGEND w /\ �\ I 0 PROPOSED HOLE ALIGNMENT o V 69g w si\ / f* \ ——— PROPERTY LINE gp: a \/> �� ' .ma 3-41-8 / DELINEATED WETLAND $a b / /^' \ �� � ' PROPOSED EASEMENT LINE §@ / ,� !/ \ k -1 PROPOSED DRAINAGE&UTILTY EASEMENT �4 p / \ ��' DhUPROPESMT. Y////I PROPOSED CONSERVATION EASEMENT ¢e OSED 111 J`�� \�\ / PROPOSED BUFFER EASEMENT b \ C � %f \ -----;,---\ ,� � E%ISTING D&U ESMT / � 4���a � r � _ ��� PER PLAT � «6,n� - / MIN,,,,0110,Tz:zz.............. 0 , ,.,„...z..„..._i.... _ o/ zo / / T � / �''�\\\ \ PROPOSED 20' '��. fTl / -� , O I WL12 vnDE D&D ESMT. — (n UJ o g W's %..../ i \ 4..,,,,,,Z /, ',1_,_ ---7----- s...._c'''',40,, ---__ ,.....4 : ' 7____7 jr 1-''-J1,_' 2 Igl \ ?,/ ,‹ . � � ` IouTLar c \���� . Z!® �/��� �+F'aY/ \`,,,�\ � �I �t�/ �� I WS 111:1011114,,A ill au / N N� / / I J - �i �� �� � � - - - �� 51 a w 11 11 Ld s2 I \ \\ o I MATCHLINE — SHEET 2 W N \)/ 2,+Al A. A - W