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CC - April 19, 2011
C I T Y O F NDOWE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, April 19, 2011 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (4/5/11 Regular) Consent Items 2. Approve Payment of Claims — Finance 3. Approve Resolution/Support for Bunker Lake Boulevard NW Federal Funding Application — Engineering 4. Approve Resolution Accepting Donation/ABA/Andover Station North Park/Scoreboards for Ball Fields /11- 23 — Engineering 5. Approve Plans & Specs /Order Quotes /11- 12/2011 Parking Lot Maintenance — Engineering 6. Approve Plans & Specs /Order Advertisement for Bids /10 -30 /Crosstown Drive NW Reconstruction — Engineering 7. Approve On -Sale Intoxicating Liquor & Sunday Licenses /Andover Lanes — Administration 8. Approve Resolution Calling for a Public Hearing on the Proposed Adoption of a Modification to the Development Program for Development District No.1 and the Proposed Adoption of the Modifications to the Tax Increment Financing Plans for Tax Increment District Nos. 1-1 and 1 -2, Both Redevelopment Districts - Administration 9. Accept Resignation/Appoint New Board Member/Youth First -Administration Discussion Items 10. Anoka County Sheriff s Office Monthly Report — Sheriff 11. Public Hearing/Fence Ordinance /City Code 12 -7 -2 - Engineering 12. Public Hearing/Sign Ordinance /City Code 12 -15 - Planning 13. Discuss No Parking/148 h Lane NW Between Jay St. NW & Grouse St. NW — Engineering 14. Discuss /Consider Approval of Connectivity Services Agreement With Community Anchor Instiution(s) for Broadband Services at Co- location Service Site(s) — Administration/City Attorney Staff Items 15. Appoint Open Space Commissioner - Planning 16. Schedule Joint Meeting with City of Ramsey — Administration 17. Schedule May Workshop Meeting — Administration 18. Administrator's Report — Administration Mayor /Council Input Adjournment Y 0 F O ` V E 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administn FROM: Michelle Hartner, Deputy City SUBJECT: Approval of Minutes DATE: April 19, 2011 INTRODUCTION The following minutes were provided by TimeSaver for City Council approval: April 5, 2011 Regular DISCUSSION The minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: Minutes 0 1 2 3 4 5 6 REGULAR ANDOVER CITY COUNCIL MEETING —APRIL 5, 2011 7 MINUTES 8 9 10 The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor 11 Mike Gamache, April 5, 2011, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard 12 NW, Andover, Minnesota. 13 14 Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude 15 Councilmember absent: None 16 Also present: City Attorney, Scott Baumgartner 17 Director of Public Works /City Engineer, Dave Berkowitz 18 City Administrator, Jim Dickinson 19 City Planner, Courtney Bednarz 20 Others 21 22 23 PLEDGE OFALLEGLANCE 24 25 26 RECOGNITION OF OPEN SPACE ADVISORY COMMISSION MEMBER — JODY 27 KEPPERS 28 29 Mayor Gamache thanked Jody Keppers for his service to Andover on the Open Space Advisory 30 Commission. Mr. Keppers stated he enjoyed his service on the Commission and would like to 31 continue, but it would be difficult to do from Duluth. 32 33 34 RESIDENT FORUM 35 36 Mr. Wes Volkenant, 1482 158th Lane NW, he acknowledged Mayor Gamache and 37 Councilmember Jacobson are running for the Connexus Energy Board. He asked if there are any 38 benefits to having City Council representatives on the Connexus Board or a conflict of interest. 39 He noted there are 21 candidates and he questioned why the slate is so large — what is the big 40 benefit. 41 42 Councilmember Jacobson stated there is no conflict of interest. Mayor Gamache stated he is 43 surprised at the number of candidates. He does not know why the sudden interest. 44 45 Councilmember Jacobson invited Mr. Volkenant to speak to Mayor Gamache and he outside of 46 this meeting as this is not the proper forum. 47 48 Mr. Volkenant asked the other Councilmembers if they think it's a benefit. Councilmember 49 Trude stated there is not a direct benefit to the City. Regular Andover City Council Meeting Minutes — April S, 2011 Page 2 1 2 AGENDA APPROVAL 3 4 There were no changes to the agenda. 5 6 Motion by Jacobson, Seconded by Knight, to approve the Agenda as presented. Motion carried 7 unanimously. 8 9 10 APPROVAL OFMINUTES 11 12 February 22, 2011, Workshop Meeting 13 14 Councilmember Trude suggested a correction to page two line 36 changing the title to "2011 - 15 2012 COUNCIL GOAL SETTING DISCUSSION." Councilmember Trude referred to page 5 16 line 37 correcting it to read Crosstown Drive (rather than Crosstown Boulevard). 17 18 Councilmember Bukkila requested Mr. Berkowitz refer to page five lines 17 -19 changing to 19 "Mr. Berkowitz stated that by eliminating the left movement from Crosstown Drive by going 20 North on Crosstown Boulevard would be a possible solution, but this would cause much 21 inconvenience to the neighborhood to the northwest. They would have to go to Bunker Lake 22 Boulevard and then a U turn at Crooked Lake Boulevard and then back to the signal at Bunker 23 Lake Boulevard and Crosstown Boulevard to go north ". 24 25 Councilmember Jacobson referred to page four line 38 changing the wording to the Sheriff asked 26 them to move. 27 28 Motion by Trude, Seconded by Bukkila, to approve the minutes as amended. Motion carried 29 unanimously. 30 31 March 15, 2011, Regular Meeting: 32 33 Councilmember Trude requested a correction on page four, line 30 delete "Motion carried 34 unanimously ". Councilmember Trude requested on page four, line 22 add "Mr. Bednarz stated" 35 to the beginning of the sentence. Councilmember Trude requested on page eight, line 3 add 36 "thanked Mr. Dickinson and three other City Managers for their support". 37 38 There was discussion about page four and the retraction of the seconds. 39 40 Councilmember Trude stated Mr. Domogalla agreed to a verbal 60 day extension for his 41 application on page five, line 2 and the minutes should be corrected to reflect that. 42 43 Councilmember Jacobson referred to page six, line 38 adding the word "Council" between and — 44 sign the letter showing support. 45 Regular Andover City Council Meeting Minutes —April 5, 2011 Page 3 1 Motion by Jacobson, Seconded by Knight, to approve the minutes as amended. Motion carried 2 unanimously. 3 4 March 22, 2011, Regular Meeting: 5 6 Motion by Jacobson, Seconded by Knight, to approve the minutes as presented. Motion carried 7 unanimously. 8 9 10 CONSENT ITEMS 11 12 Item 2 Approval Payment of Claims 13 Item 3 Approve Request for Installation of Ambient Groundwater Quality Monitoring 14 Wells/MPCA 15 Item 4 Approve Resolution Authorizing City of Andover to be a Part of MN Water 16 Agency Response Network (See Resolution R025 -11) 17 Item 5 Approval/Extension of Liquor License /Tanners Station 18 Item 6 Accept Retirement/Resignation — Building Permit Technician 19 Item 7 Adopt 2012 Budget Development Guidelines 20 Item 8 Approval/Extension of Liquor License/Beef O'Brady's 21 22 Motion by Bukkila, Seconded by Trude, approval of the Consent Agenda as read. Motion 23 carried unanimously. 24 25 26 CONSIDER AWARD BID111- 2B,11 -2C & 11- 2DI2011 STREET RECONSTRUCTION & 09- 27 18AIII4 WKRIDGE PARK TRAIL 28 29 Mr. Berkowitz reviewed and the City Council is requested to receive bids and consider award of 30 the contract for the 2011 Street Reconstruction Projects. The street reconstruction program is an 31 effective and cost efficient means of rehabilitating deteriorated roadways. This program allows 32 the City to maintain a high quality transportation system, while limiting on -going maintenance 33 costs on the sections of roadway in most need of repair. Favorable bids were received and Rum 34 River Contracting is the low bidder by over $100,000. 35 36 Mr. Berkowitz stated a revision to the assessment policy was made by the Council which allows 37 a neighborhood on a gravel road can come forward with a petition and the City would consider 38 paying 50% of the reconstruction cost. Staff has received a petition from neighboring Butternut 39 Street, 173rd Avenue and Flintwood Street and a letter was sent out to schedule a meeting with 40 the residents regarding the project. The petition was signed "Yes" by many and "Maybe" by 41 three residents. 42 43 The street reconstruction projects are funded from the City's Road and Bridge Fund, with 25% of 44 the total street reconstruction project costs being assessed to the benefiting properties in 45 accordance with the City's Assessment Manual Policies and Procedures Guide. The Hawkridge Regular Andover City Council Meeting Minutes —April 5, 2011 Page 4 1 Park Trail project would be funded from the Park Improvement Fund. 2 3 Mayor Gamache asked if the alternate bid was just the Genthon Ponds portion. Mr. Berkowitz 4 stated that is correct. The final assessment is based on the final improvement costs. 5 6 Mr. Robert Egge, 17425 Butternut Street, stated he would rather see the gravel road done rather 7 than his street being fixed. He would prefer to see the entire project done in one package. He 8 requested the Genthon Ponds residents be invited to the meeting as well as those at the end of the 9 road. He asked if curbs and gutters would be done also. He asked if Staff had considered just 10 repaving rather than upgrading the road. He suggested resources may be better spent in other 11 places. 12 13 Mr. Berkowitz stated the City already has a half million dollar project which generates bid 14 economics. Staff likes to bid projects early in the spring when contractors are more likely to be 15 more aggressive on bids. The City needs to be cautious when adding to projects as the 16 contractors may increase their prices. 17 18 Mr. Berkowitz stated the gravel road would not have curb, since it has ditches. The road in 19 Genthon Ponds already has storm sewers. The City hopes to get 25 -30 years on an upgraded 20 road. The curb and gutter helps keep water off the blacktop and makes it last longer. 21 22 Mr. Berkowitz stated additional invitations to the meeting can be extended. Councilmember 23 Trude asked what the timing would be. Mr. Berkowitz stated it would begin in May. 24 Construction on the gravel road, if it went forward, would begin mid to late summer. 25 26 Mayor Gamache asked when the earliest the bids for the gravel road could be made. Mr. 27 Berkowitz stated possibly mid to late June with construction beginning in mid to late July and 28 being completed by the end of September. Rum River Contracting may wish to bid on this 29 project since they are working in the area. 30 31 Mr. Berkowitz stated the project would be completed sometime in August and after completion 32 residents would be invited to an assessment hearing. The assessments would be on the 2012 tax 33 statements and is amortized over 10 years. 34 35 Councilmember Trude asked if residents are given the opportunity to contact the contractors for 36 driveway construction. Mr. Berkowitz stated letters are sent with the contact information for 37 residents. The City is only providing the information not necessarily encouraging residents to do 38 this. 39 40 Motion by Jacobson, Seconded by Knight, to award the contract for the 2011 Street 41 Reconstruction Projects; 11 -02B Genthon Ponds, 11 -02C Rolling Forest, 11 -02D East Brook 42 Terrace /Aud. Sub. No. 137, and 09 -18A Hawkridge Park Trail. Motion carried unanimously. 43 (See Resolution R027 -11) 44 45 Regular Andover City Council Meeting Minutes —April 5, 2011 Page 5 1 HOLD PUBLIC HEARING /ORDER PLANS & SPECIFICATIONS 110 -30 1CROSSTOWN 2 DRIVE NW RECONSTRUCTION 3 4 Mr. Berkowitz reviewed and the City Council is requested to hold a public hearing for Project 5 10 -30, Crosstown Drive NW Reconstruction. He indicated the location on a map. Existing 6 deteriorated concrete curb and gutter along the project corridor will be replaced. The existing 7 bituminous surface will be reclaimed and a new bituminous surface will be placed. This road 8 has the highest ADT for a City Street in the City. A portion will be assessed to the City since the 9 City owns a large parcel along the street. 10 11 A feasibility report was previously prepared for this improvement project and was submitted to 12 the City Council at the March 1, 2011 City Council meeting. If the project is approved, 13 construction will begin in mid to late June of this year. 14 15 The estimated cost of the proposed improvements for Crosstown Drive NW is $341,880.00. The 16 City's portion is estimated to be $303,550.00, while the assessed portion is estimated to be 17 $38,330.00. The estimated assessment is $13.53 /front foot. Bids would be received in early 18 May with construction beginning in June, the assessment hearing would be held in October. 19 20 Mr. Berkowitz reviewed issues regarding the intersection changes at Crosstown Drive and 21 Crosstown Boulevard. Staff is recommending this project be put on hold for the time being and 22 the County would submit for a grant funding request to make a more permanent solution. The 23 speed limit could be reduced from 40 to 30 mph. An analysis was done on the intersection of 24 1381h Avenue and Crosstown Drive and whether it warranted a four way stop. A consultant was 25 hired and the analysis did not show the intersection met the warrants for a four way stop. 26 27 Councilmember Knight asked Mr. Berkowitz to explain traffic sign warrants. Mr. Berkowitz 28 stated the volume on 138th Avenue did not meet the warrants. A gap analysis was also done and 29 did not warrant a four way stop. With the speed limit reduction and additional patrols the hope 30 would be the speed would reduce over time. 31 32 Motion by Jacobson, Seconded by Knight to indefinitely delay the decision on the intersection of 33 Crosstown Boulevard/Crosstown Drive. Motion carried unanimously. 34 35 Councilmember Trade asked about the trail. Mr. Berkowitz indicated on a map where the trail 36 would be extended. Councilmember Trade suggested a flashing pedestrian sign be installed for 37 the crosswalk. 38 39 Motion by Knight, Seconded by Jacobson, to open the public hearing. Motion carried 40 unanimously. 41 42 Motion by Jacobson, Seconded by Knight, to close the public hearing. Motion carried 43 unanimously. 44 45 Mayor Gamache stated the reduced speed limit should be of some help to the residents. While Regular Andover City Council Meeting Minutes —April S, 2011 Page 6 1 the road is under construction people may select alternate routes. Mr. Berkowitz stated the road 2 would be open to local traffic during construction. Mr. Berkowitz stated closing the road to thru 3 traffic is for the safety of the construction crew. 4 5 Motion by Jacobson, Seconded by Trude, to approve the resolution ordering the improvement of 6 Project 10 -30, Crosstown Drive NW Reconstruction. Motion carried unanimously. (See 7 Resolution R028 -11) 8 9 Councilmember Trude commended Staff for their work on this and their work with the public. 10 11 12 DISCUSS SIGN CODE 13 14 Mr. Bednarz reviewed this item; it is intended to introduce suggested modifications to the City's 15 sign regulations to allow for entrance monuments and information signs that are currently being 16 considered by the EDA. In the process of evaluating locations for city entrance monuments and 17 city information signs it was determined that the City Code regulations for signs and the 18 definitions for sign types did not match. This amendment is intended to modify the regulations 19 to conform with defined sign types as well as to correct a few other deficiencies as described. 20 Mr. Bednarz referred Council to page 6 of the packet for the proposed changes. 21 22 Exemptions, Generally 23 12 -15 -4 Exemptions: The following signs shall not require a sign permit, provided that the 24 general sign regulations established in this code are met. 25 26 This statement is problematic because "general sign regulations" could encompass any or all of 27 the language in this chapter and defeats the purpose for allowing exemptions. Additionally, the 28 regulations need to be required or exempted with clarity for them to be applied fairly. The 29 proposed code amendment would clarify what is required. 30 31 Governmental Signs 32 12 -15 -413 Temporary Governmental Signs: All temporary governmental signs used to control 33 traffic during road or utility construction activities and provide information or warning to the 34 public. 35 36 While this section identifies information as one of the intended sign purposes, these types of 37 signs are not always temporary, such as the entrance and information signs currently being 38 considered by the City. Interestingly, City Code 12 -2 Definitions does not establish a temporary 39 governmental sign. 40 41 Sign, Governmental: A sign that is erected by a governmental unit or public utility for the 42 purpose of public information, warning or directing traffic. 43 44 12 -15 -413 Private Traffic Circulation Signs — The existing language is out of date. The City 45 utilizes the Minnesota Manual of Uniform Traffic Control devices (MMUCT) to review private Regular Andover City Council Meeting Minutes — April 5, 2011 Page 7 1 traffic circulation signs. This manual provides size, location, height and other details for signs 2 and striping. 3 4 The Council is asked to discuss the suggested modifications to the City Code. If found 5 acceptable, a public hearing will be scheduled for the April 19th Council meeting. If there are 6 other areas that the Council wishes to address, these thoughts can be shared at the meeting so the 7 public hearing notice can include the necessary information. 8 9 Councilmember Jacobson asked about Lions and Kiwanis signs. Mr. Berkowitz stated the City 10 is responsible for their signs and anyone attaching to our sign poles should come before the City. 11 12 Councilmember Trude stated the changes should be made and the remainder of the sign code be 13 cleaned up. She questioned temporary signage where businesses may not believe 30 days is 14 enough and suggested staff look at extending that to 45 days with some flexibility for situations. 15 16 Councilmember Jacobson suggested on page 6 the word "Private" be removed leaving just 17 Traffic Circulation Signs. Councilmember Jacobson referred to page 7 item C stating signs 18 cannot be affixed to a fence, tree or utility pole. He suggested this be looked at. 19 20 Councilmember Trude asked about temporary signs. Mr. Bednarz stated that is referring to the 21 black signs on a trailer with neon letters that are limited to 30 days per year. Promotional signs 22 are also permitted. 23 24 25 ADMINISTRATOR REPORT 26 27 City Staff updated the Council on the administration and city department activities, Legislative 28 topics, update on development/CIP projects and meeting reminders. 29 30 Mr. Dickinson requested dates for a joint meeting with the Ramsey City Council. 31 Councilmember Jacobson suggested any Monday except May 301h. Councilmembers are 32 requested to submit agenda items to Mr. Dickinson. A joint meeting with the Anoka City 33 Council may be scheduled in the future. 34 35 The annual audit is currently underway and the auditors are onsite. 36 37 April 12, 2011 will be the first remote County Board Meeting held at Andover City Hall. 38 It will be held 8:30 a.m. — Noon. 39 40 41 MAYOR/COUNCIL INPUT 42 43 (Mayor's Prayer Breakfast) — Mayor Gamache thanked all attendees to the breakfast at 44 Constance Free Church. He thanked the Pastor and Church for their hospitality. 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Regular Andover City Council Meeting Minutes — April S, 2011 Page 8 (Metro Cities Board) — Mayor Gamache stated he serves as a member and noted the board will discuss the Met Council on elections vs. appointments to the board. (Serendipity Building) — Councilmember Knight asked for an update. Mr. Bednarz stated the building is still for sale. There are 32 parking stalls on the site. (Open Space Commission Opening) — Councilmember Trude suggested we contact the members of the other commissions to see if there is interest in serving on the Open Space Commission. Councilmember Bukkila stated she believes it should be advertised to the public. Mr. Bednarz will ask the existing Commissioners. (Potholes and Street Sweeping) — Mr. Berkowitz, responding to Councilmember Jacobson, stated they are working on potholes and should have the street sweepers out by late this week or early next week. Mr. Berkowitz stated the County has on their website a place to report potholes. Motion by Knight, Seconded by Bukkila, to adjourn. Motion carried unanimously. The meeting adjourned at 8:35 p.m. Respectfully submitted, Debbie Wolfe, Recording Secretary Regular Andover City Council Meeting Minutes —April 5, 2011 Page 9 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — APRIL S, 2011 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE .......................................................................... ............................... 1 RECOGNITION OF OPEN SPACE ADVISORY COMMISSION MEMBER JODY KEPPERS ..................................................................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 2 APPROVAL OF MINUTES ............................................................................ ............................... 2 CONSENTITEMS .......................................................................................... ............................... 3 Item 2 Approve Payment of Claims .......................................................... ............................... 3 Item 3 Approve Request for Installation of Ambient Groundwater Quality Monitoring Wells/ MPCA ........................................................................................ ............................... 3 Item 4 Approve Resolution Authorizing City of Andover to be a Part of MN Water Agency Response Network (See Resolution R025 -11) .................................... ............................... 3 Item 5 Approve/Extension of Liquor License /Tanners Station ................ ............................... 3 Item 6 Accept Retirement/Resignation- Building Permit Technician ....... ............................... 3 Item 7 Adopt 2012 Budget Development Guidelines ............................... ............................... 3 Item 8 Approve /Extension of Liquor License /Beef O' Brady' s ................ ............................... 3 CONSIDER AWARD BID /11 -2B, 11 -2C & 11- 2D/2011 STREET RECONSTRUCTION & 09- 18A/HAWKRIDGE PARK TRAIL (See Resolution R027 -11) ................. ............................... 3 HOLD PUBLIC HEARING /ORDER PLANS & SPECIFICATIONS /10 -30 /CROSSTOWN DRIVE NW RECONSTRUCTION (See Resolution R028 -11) ................. ............................... 5 DISCUSSSIGN CODE ................................................................................... ............................... 6 ADMINISTRATOR'S REPORT ..................................................................... ............................... 7 MAYOR/COUNCIL INPUT ........................................................................... ............................... 7 (Mayor's Prayer Breakfast) ......................................................................... ............................... 7 (Metro Cities Board) ................................................................................... ............................... 8 (Serendipity Building) ................................................................................ ............................... 8 (Open Space Commission Opening) ........................................................... ............................... 8 (Potholes and Street Sweeping) .................................................................. ............................... 8 ADJOURMENT R VE A �qkNDO 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: April 19, 2011 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $107,254.32 on disbursement edit list #1- 2 from 04/04/11 — 04/08/11 have been issued and released. Claims totaling $124,269.04 on disbursement edit list #3 dated 04/19/11 will be issued and released upon approval. BUDGET IMPACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REQUESTED The Andover City Council is requested to approve total claims in the amount of $231,523.36. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, Lee Brezinka Attachments: Edit Lists lam. 0 Sol N n .T n X ro 0 O A A N O RO I b `3 O P'e J O, Q, O_14i U U 0000_ _0000_0 0_000 0000000 �- `0000000000 C) a> 0 0 0 0 0 0 0 o A A A A A w A A A A A A A A A A A A A O w w 00 w w .. 01 4i W N N \0 000 C> CD w.r .+�n o.-+N N �O �p Oi A ANA 000000000000 J W O N N W OO.fl 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N (O1 ON O, ON Oi 01 O\ O\ 01 Q\ 01 ON O\ 0) 01 01 01 O\ O �--' N N O O N N �--` N N N �--' N N �--` �-' �•' 00 U (D 0cI� Oln U O U 0000tH O4� tAO O'--' n x a z 0 �g O .°"Q+'-P= po ro 0.0 � o o �•�u, � �•� � ci Fn ,ci .ci •ci •ti O' w w o C G C N c G n C G G y y R. P'y C1 � � . O 'roU�'rotl�'roU� cl C 0 ro R 6e d 'ti .y co rn by O w m w O T ry C) alp oQ x y y f+ CD N N W ID W W w lD 10 N) C, /1 cn I'D J N N �] �O �O 00 J Vi 01 �rA-`� W �DO�OONb VNi Olin C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 A A A A A A A A A A? A A A A A A A A? 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W W l0 cu �D l0 lD l0 (o .-. cu OOm O C G O.O OO.O O OOOO , w N N N N n a\ p chi NNNN O W O O O O N U 0 0 P O A O O m m r b b s O C M b d �y P A K d P M A n M P s C CD fD R P A n T G M M py G OP. P. P. C O O p P O A O O m m r b b s O C M b d �y P A K d P M A n M P s C CD fD R P A i 0 b a M O' n x ro O M A N ro w as m O N 0 O O 0 ran. O fu O N O O N A O N x x x x M � �Hy M cwt C V a a 0 9 0 0 00000 t' C C O O o 0 0 0 W O A W O W O O O G h H� H�°C� HNNO_ 'aa Ny O O O O O 0 0 N ro a O N 0 O O 0 ran. O fu O N O O N A O N x x x x O C V a a 0 0o C rn inoin 00000 OOO O O o 0 0 0 W O A W O W O O O O O O O O O O N 0 O O 0 ran. O fu O N O O N A O N x x x x O C V a a c a 0 0 0 0 d r W O A W O W O O O O F d 9 b M d A� m A eY C s o a y C CD O C V a a c a 0 0 0 0 O F d 9 b M d A� m A eY C s o a y C CD O C V Iv d r r� O F d 9 b M d A� m A eY C s I T Y O F MOVE. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.AN DOVE RMN.GOV TO: CC: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administrator David D. Berkowitz, Director of Public Works / City Engineer Approve Resolution/Support for Bunker Lake Boulevard NW Federal Funding Application - Engineering April 19, 2011 INTRODUCTION The City Council is requested to approve the resolution in support for Bunker Lake Boulevard NW Federal Funding Application. 3, DISCUSSION The Anoka County Highway department has identified Bunker Lake Boulevard from Jefferson Street in Ham Lake to Crane Street in Andover as a good candidate for federal funding. The County is seeking support from the City of Andover to pursue such funding through the Regional Funding Solicitation. Applications are due this summer and if the project is approved funds would be available for construction in 2015 -2016. Bunker Lake Boulevard is a vital east west corridor for Andover that provides mobility for residents and provides a corridor to the businesses along this segment. Improving this section of roadway from the existing two lane undivided road to a two lane divided road would improve safety and mobility. If this segment was completed as such this would make Bunker Lake Boulevard a four lane divide road all the way through Andover. ACTION REQUIRED The City Council is requested to approve the resolution and attached letter in support for Bunker Lake Boulevard NW Federal Funding Application. Respectfully submitted, David D. Berkowitz Attachments: Resolution & Letterer CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. SUPPORTING ANOKA COUNTY FEDERAL FUNDING APPLICATION FOR CSAH 116 WHEREAS, CSAH 116 is an "A" minor arterial reliever route that provides an important east -west transportation connection in Anoka County, and, WHEREAS, traffic volumes on CSAH 116 have been increasing over the past decade and are expected to continue to increase in the future as the cities in and around the roadway continue to grow, and, WHEREAS, existing and future traffic volumes are such that safety is a concern at intersections and along some segments of the corridor, and, WHEREAS, existing and future traffic volumes are such that congestion is and will continue to negatively impact the ability of the corridor to move traffic, and WHEREAS, Anoka County has identified this corridor as needing safety and capacity improvements, and, WHEREAS, Anoka County and the City of Andover have worked together in the past to make capacity and safety improvements to other segments of CSAH 116 to serve long -term growth and development along the corridor, and, WHEREAS, Anoka County would like to submit an application to the Transportation Advisory Board to the Metropolitan Council for 2015 and 2016 to receive federal transportation funds to make capacity and safety improvements on CSAH 116. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA: That the City of Andover supports Anoka County in preparing and submitting an application for CSAH 116 in the "A" minor arterial reliever category based upon the preliminary layout presented at the March 29, 2011 council workshop. Adopted by the Andover City Council this 19th day of April, 2011. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Michelle Hartner — Deputy City Clerk 9 C I T Y • F LNIDOVE^ 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV April 19, 2011 Douglas W. Fischer, P.E. County Engineer Anoka County Highway Department 1440 Bunker lake Blvd NW Andover, MN 5304 RE: REGIONAL FUNDING SOLICITATION — CSAH 116 Dear Mr. Fischer, The City of Andover is writing this letter in regards to this year's federal funding solicitation. We understand that Anoka County would like to submit an application for the expansion and reconstruction of CSAH 116 in our community. This letter is in support of the project and for Anoka County to pursue federal funding. The City of Andover and Anoka County continue to coordinate their efforts in improving the area's transportation issues. We feel this project will help address safety and mobility issues occurring in the area. If you have any further questions in regard to the project on the city's end, please feel free to contact us. Sincerely, City of Andover Mayor ,,9kNDOVEA 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA �55''3''0''4 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERI;i y TO: CC: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administrator/Finance DirecttO� David D. Berkowitz, City Engineer/Director of Public Wrks W-R Todd J. Haas, Assistant Public Works Director Approve Resolution Accepting Donation/ABA/Andover Station North Park/Scoreboards for Ball Fields /11 -23 —Engineering April 19, 2011 INTRODUCTION The City Council is requested to approve the attached resolution accepting a contribution of scoreboards from the Andover Baseball Association to be installed at Andover Station North Ball Field Facility for all 3 fields. DISCUSSION Attached is a letter from the Andover Baseball Association (ABA) formally notifying the City of Andover that the ABA Board of Directors has purchased 3 new scoreboards for the Andover Station North Ball Field Facility. ABA would also be responsible to pay for other items such as the concrete work and electrical work. The Public Works Department will provide equipment and manpower to set the scoreboards on the concrete piers once the scoreboards are ready to set. The conduits for 2 of the scoreboards were originally installed as part of the ball field lighting. The east field will need conduit to be installed by ABA. The Park and Recreation Commission has reviewed the proposed donation at their meeting of April 7, 2011 and is recommending approval. ACTION REQUIRED The City Council is requested to approve the attached resolution accepting a contribution of scoreboards from the Andover Baseball Association to be installed at Andover Station North Ball Field Facility for all 3 fields. Respectfully sub /miffed, Todd J. aas Attachments: Resolution, Letter from ABA cc: Jason Saulsbury, Andover Baseball Association (copy sent by e -mail) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER FOR SCOREBOARDS THAT ARE TO BE INSTALLED AT ALL 3 FIELDS AT ANDOVER STATION NORTH BALL FIELD FACILITY. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the contribution from the Andover Baseball Association for scoreboards are to be installed at Andover Station North Ball Field Facility. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution for the installation of 3 scoreboards by the Andover Baseball Association to be installed at Andover Station North Ball Field Facility. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 19th day of April 2011, with Councilmember's Councilmembers passed. voting in favor of the resolution, and voting against, whereupon said resolution was declared CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Michelle Hartner - Deputy City Clerk M� ua44a wow ' 'gamed PO Box 428 Anoka, MN 55304 WWW.ANDOVERBASEBALL.ORG 3/3/2011 City of Andover RECEIVED Attn: Todd Haas 1685 Crosstown Blvd. NW MAR — 4 2011 Andover, MN 55304 CITY OF ANDOVER Dear Mr. Haas, This letter serves to inform the City of Andover that the Andover Baseball Association has purchased three scoreboards for the three baseball fields located at Andover Station North. We would like to donate these scoreboards to the city with the understanding that our teams will be using them during the baseball spring /summer /fall seasons as we use the fields. During non -use nights over the course of the winter and fall, the city is welcome to use the scoreboard as well. These scoreboards will add to the already positive atmosphere we have at the Andover Station North facility. It always has been and continues to be a pleasure working hand in hand with the City of Andover. I look forward to continuing the great relationship the Andover Baseball Association and the City of Andover has. If you have any additional questions or concerns, feel free to contact me at any time. Sincerely, Jason Saulsbury Facilities Director Andover Baseball Association Email: facilities@andoverbaseball.org Phone: (612) 868 -9101 Cc: Joe Ruhland, President, Andover Baseball Association 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: CC: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administratoo� David D. Berkowitz, Director of orks /City Engineer Jason J. Law, Assistant City Engineer (E) Approve Plans & Specs /Order Quotes /11- 12/2011 Parking Lot Maintenance - Engineering April 19, 2011 INTRODUCTION The City Council is requested to approve plans and specifications and order quotes for Project 1I- 12, 2011 Parking Lot Maintenance. DISCUSSION Parking lot maintenance, like street maintenance, is important to prolong the life cycle of the City's infrastructure. An annual parking lot maintenance project has been completed for the past several years in the City. A product called MACMAT, which is similar to what is used on City trails and was used on the parking lots for fires stations #1 and #2 is being proposed. This is a proven product that works well in high traffic areas. This material sets up within hours without the associated loose rock that is prevalent with the street seal coating. This summer the parking lot at the Andover Community Center /YMCA is proposed to be sealed. The project will be completed in early to mid August, during a slow period for the Community Center. BUDGETIMPACT This project is identified in the 2011 — 2015 Capital Improvement Plan and will be funded by Capital Projects Levy and Community Center Operations. ACTION REQUIRED The City Council is requested to approve the resolution approving plans and specifications and ordering quotes for Project 11 -12, 2011 Parking Lot Maintenance. Re ectfully submitted, V son J. Law Attachments: Resolution CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING QUOTES FOR PROJECT 11 -12, 2011 PARKING LOT MAINTENANCE. WHEREAS, pursuant to Resolution No. 005 -11, adopted by the City Council on the 18th day of January 2011, the City Engineer has prepared final plans and specifications for Project No. 11 -12.; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 19th day of April 2011 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council to hereby direct the City Engineer to solicit quotes for such improvement project. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 19th day of April , 2011 , with Councilmembers voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. ATTEST: Michelle Hartner — Deputy City Clerk CITY OF ANDOVER voting Michael R. Gamache - Mayor C I T Y O F �• NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.AN DOVE RMN.GOV TO: CC: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administrator David D. Berkowitz, Director of PI gineer Approve Plans & Specs /Order Advertisement for Bids /10 -30 /Crosstown Drive NW Reconstruction - Engineering April 19, 2011 INTRODUCTION The City Council is requested to approve final plans and specifications and order the advertisement for bids for Project 10 -30, Crosstown Drive NW Reconstruction. DISCUSSION Identified in the City's 2011 -2015 Capital Improvement Plan is reconstruction of Crosstown Drive NW from Crosstown Boulevard NW to Bunker Lake Boulevard NW. Construction will begin in June of this year. Existing deteriorated concrete curb and gutter along the project corridor will be replaced. The existing bituminous surface will be reclaimed and a new bituminous surface will be paved. The project will be reconstructed in a similar fashion to the annual roadway reconstruction projects, which have been successfully completed in the City since 1996. An 8' bituminous trail will be constructed along the west side of Crosstown Drive NW from 138"' Avenue NW to Bunker Lake Blvd NW. A Public Hearing was held on April 5, 2011 at which time the City Council ordered the preparation of plans and specification. The total estimated cost of the proposed improvements for Crosstown Drive NW is $341,880.00. The City's portion is estimated to be $303,550.00, while the assessed portion is estimated to be $38,330.00. The estimated assessment rate is $13.53 / front foot. Plans and specifications are available in the City Engineer's office for review. BUDGETIMPACT The project will be funded from the City's Road & Bridge Fund (in turn reimbursed through the City's Municipal State Aid funds). The oversizing of the roadway section will be funded by the City and the remaining project cost will be funded 85% by the City and 15% to benefitting properties. Mayor and Council Members April 19, 2011 Page 2 of 2 ACTION REQUIRED The City Council is requested to approve the resolution approving final plans and specifications and ordering the advertisement for bids for the Project 10 -30, Crosstown Drive NW Reconstruction. Respectfully submitted, David D. Berkowitz Attachments: Resolution & Project Location Map`s CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 10 -30. CROSSTOWN DRIVE NW RECONSTRUCTION. WHEREAS, pursuant to Resolution No. -11 adopted by the City Council on the 5th day of April , 2011 , the City Engineer has prepared final plans and specifications for Project No. 10 -30 . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 19th day of April 2011. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 am , May 13 , 2011 at the Andover City Hall. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 19th day of April 2011 , with Councilmembers voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. ATTEST: Michelle Hartner — Deputy City Clerk CITY OF ANDOVER voting Michael R. Gamache - Mayor CREEK 00� G 142nd LA. N.W. z U) 142nd AVE. a 141 st LA. N. . Q PROJECT LOCATION ° 141 st AVE. N.W. 140th LA. N.W. ° L w o 3 140th AVE. N.W. Eah j � o 139th LA. `sir O k�h , 138t6 w 3 z N.W. 145th 1(n- AVE O S9 O� /GF Li � j Easy BEM z Q z w n U [if a 142nd LA. N. w 2nd AVE. N.W. ° z '§t LA. 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J Of �3w 133rd L4. cy 133 rd LA. o \�� = Q 13 3rd AVE. \ \\ .W. z N CROSSTOWN DRIVE RECONSTRUCTION LOCATION MAP NO SCALE CITY PROJECT NO. 10 -30 ANDOVER, MINNESOTA EXHIBIT 1 4' \E^9T^eerin9 \env G,obete \oaen City e,oiWt \to -30 Cl—t — o, aw t(s) ewo O 1' E 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Approve On -Sale Liquor & Sunday Licenses /Andover Lanes DATE: April 19, 2011 INTRODUCTION Andover Lanes, 13633 Martin St. NW, has been sold and the new owner has applied for On -Sale Liquor & Sunday Licenses. DISCUSSION Michael J. Anderson, new owner of Andover Lanes has applied for On -Sale Liquor & Sunday Licenses and paid the appropriate fees. Approval of the licenses would need to be contingent upon a satisfactory background check by the Sheriff's Office. ACTION REQUIRED The City Council is requested to approve the above licenses for the period of April 20, 2011 through December 31, 2011; approval of the license would need to be contingent upon a satisfactory background check by the Sheriff's Office. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: License Application C I I T Y O F ND O E 1685 CROSSTOWN BOULEVARD N.W. < ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV ON -SALE INTOXICATING LIQUOR LICENSE APPLICATION False Information Prohibited: No person shall make a false statement or material- omission in a license application. Any false statement or material omission shall be grounds for denying or revoking a license. In answering the following questions, "Applicants" shall be governed as follows: For a Corporation, one officer shall execute this application for all officers, directors, and stockholders. For a Partnership, one of the "Applicants" shall execute this application for all members of the partnership. EVERY QUESTION MUST BE ANSWERED 1. I, t `iC �t �O �r, X dasor, as reSf't9�- f First tt Middle Last for and on behalf of Andover Levies A ga;s,u-,Gro-p,_hereby apply for an On -Sale Intoxicating Liquor License to be located' ae' at /q arlin St /trvJ City of Andover, County of Anoka, State of Minnesota, in accordance with the provisions of Minnesota Statues, Chapter 340, commencing 20 j_l_ and ending /a-,3! , 20 ,jj_. 2. Applicant's date of birth_ Birthdates of Partners or Officers of Corporation�+ri/i'ew 3. Applicant's Phone Number. 4. The residence for each of the applicants named herein for the past five years is as follows: A, 5. Is the applicant a citizen of the United States? \/e-? If naturalized, state date and place of naturalization: If a corporation or partnership, state citizenship of all officers or partners a1SA. 6. The person who executes this application shall give spouse's full name and address. 7. What occupations have applicant and associates in this application followed in the past five years? � a o. Wv A - �e r 8. If a partnership, state name and address of each member of partnership. (\/ C If a corporation: Date of incorporation: " / �� d State in which incorporated: MAI Amount of authorized capitalization:, 0 (©, 0,3,0 Amount of paid capital: # f0, aCz�- If a subsidiary of another corporation, so state: Name and address of all officers, directors, and stockholders, and the number of s�haar ; held by each: , VV,, a8 (Son X00 0�0 �°� 11 eat e S If incorporated under the laws of another state, is corporation authorized to do business in this state: Number of certificate of authority: 9. On what floor i the establishment located, or to be located? 0\ flat", 10. D scr' a the premises to be licensed. oe d v r / ,,_A e-S — 6 ow 11. Is the establishment located near an academy, college, university, church, elementary, middle school or high school? F1 State approximate distance of the establishment from such school or church: 12. Give name and address of owner of building establishment is to be Has owner of building any connection, directly or indirectly, with applicant? \.BSS ow(' CorK -P�a h ?ar✓�S _�e bu+���� 13. Are the taxes on the above mentioned property delinquent? Alo In accordance with City Code Title 3, no license shall be granted for operation or renewal on any premises on which taxes, assessment or other financial claims of the City are delinquent and unpaid. 14. State whether applicant or any of his associates in this application have ever had an application for a liquor license rejected by any municipality or state authority. NO If so, give date and details: 15.. Has the applicant or any of his associates in this application during the five years immediately preceding this application ever had a license under the Minnesota Liquor Control Act revoked for any violation of such laws or local ordinances? D If so, give date and details: 16. State whether applicant or any of his associates in this application during the past five years were ever convicted of any law violations or any crime in this state or any other state or under Federal Laws. If so, give date and details: YO 17. State whether any person, other than applicants, has the right, title or interest in the furniture, fixtures or equipment in the premises for which license is applied; and, if so, give name and details: 18. Is the applicant or any of his associates in this application a member of the City Council in the municipality where this license is be issued? If applicant for license is the spouse of a member of the governing body or where other family relationship exists, such member shall not vote on this application. 19. Have applicants any interest whatsoever, directly or indirectly, in any other liquor establishment in the State of Minnesota? \/e-s' Give name and address of such establishment: ( (�a-5e wee 20. Furnish the name and address of at least three business references, including one bank reference: 54e,rc Lear n — 131w,e y -f Gee), DA -J.'>dbS LiL Sjne S2 _ 21. What is the seating capacity of this establishment? -7-S-0 22. Durin)1hat hours will food be available? G'ce� — 7r -s. an r 23. tate the nam(e� of the person who will operate the restaurant. - -- 24. State the name of the person who will operate the bar. 1) 0 n.a10/ -1 n.h9/Wo r" 25. State the number of people the restaurant will employ. C s- 26. Will food service be the principal business of this establishment? 27. St¢jy`}¢�.etyrjade name to be used. J 4doo'ar 4_GA42�- ;i 28. If this restaurant is in conjunction with any other business (such as resort, etc.) describe such business. 29. How many years has this business been in operation under this ownership? iAle,vJ 30. Does applicant intend to sell intoxicating liquor to other than the consumer? 9fo 31. How many months of the year will this establishment be open? 32. Applicant and his associates in this application will strictly comply with all the laws of the State of Minnesota governing the taxation and sale of intoxicating liquor, rules and regulations, promulgated by the Liquor Control Commissioner, and all laws of the country, and I hereby certify that I have read the foregoing questions and that the answers to said questions are true to my knowledge. 33. Prior to consideration of the application an investigation shall be made by the county sheriff's department of all persons listed on the license application. X.x� / � 4 5 Z,, 5 " 4 � - q-? Signature Date Other liquor establishments owned by the applicant: Park Grove Bowl Sun Ray Lanes Colonial Lanes Super Bowl Classic Bowl PINZ The Mermaid 1020 Hastings Ave 2245 Hudson Road 182814`h St. NW 6720 Riverdale Dr NW 11707 Round Lake Blvd 7520 32nd St. N 2200 Highway 10 St. Paul Park, MN 55071 St. Paul, MN 55119 Rochester, MN 55901 Ramsey, MN 55303 Coon Rapids, MN 55433 Oakdale, MN 55128 Mounds View, MN 55112 ,AK66,y^� (D 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Approve Resolution Calling for a Public Hearing on the Proposed Adoption of a Modification to the Development Program for Development District No.l and the Proposed Adoption of the Modifications to the Tax Increment Financing Plans for Tax Increment District Nos. l -1 and 1 -2, Both Redevelopment Districts DATE: April 19, 2011 INTRODUCTION As follow up to discussion at the April 5fl' City of Andover EDA meeting, the EDA will be requested to receive a brief presentation (April 19, 2011) on the merits of pursuing modifications to the current Development Program for Development District No. 1 and to the Tax Increment Plans for Tax Increment Financing Districts (TIF) Nos. 1 -1 and 1 -2. DISCUSSION One of the City of Andover EDA's goals adopted at their March 15, 2011 meeting is to: "Look at programs to be more aggressive on sub -par properties, such as gaining control of foreclosed properties and develop a facade improvement loan program." To take advantage of available funding in the TIF Project Fund to pursue this goal, modification to the current TIF plan will be necessary. The Executive Director of the EDA will present the case to start the Development District and TIF plan modification process at the April 19, 2011 meeting and the EDA will ultimately adopt a resolution requesting the City Council to call for a public hearing on June 7, 2011. Attached is a resolution calling for the public hearing. ACTION REQUESTED Receive a presentation and approve the attached: RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND THE PROPOSED ADOPTION OF THE MODIFICATIONS TO THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICT NOS. 1-1 AND 1 -2, BOTH REDEVELOPMENT DISTRICTS. Res tfully submitted, J' Dickinson A chments SCHEDULE OF EVENTS ANDOVER ECONOMIC DEVELOPMENT AUTHORITY AND THE CITY OF ANDOVER ANOKA COUNTY, MINNESOTA FOR THE MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO.1 AND THE MODIFICATIONS TO THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICT NOS. 1 -1(F9) AND 1 -2 (Gl) (both redevelopment districts) April 19, 2011 The EDA requests that the City Council call for a public hearing on the proposed Modification to the Development Program for Development District No. 1 and the proposed Modifications to the Tax Increment Financing Plans for Tax Increment Financing District Nos. 1 -1 and 1 -2. City Council calls for a public hearing on the Modifications. April 22, 2011 Modification information, including maps, for drafting necessary documentation sent to Ehlers. May 6, 2011 Fiscal/economic implications received by School Board Clerk and County Auditor (at least 30 days prior to public hearing). [Ehlers will fax and mail on or before May 6, 2011.] May 10, 2011 Planning Commission reviews Modifications to determine if they are in compliance with City's comprehensive plan and adopts a resolution approving the Modifications. May 10, 2011 Ehlers conducts internal review of the Modifications. May 27, 2011 Date of publication of hearing notice and map (at least 10 days but not more than 30 days prior to hearing). [Anoka County Union publication deadline: May 25, 2011 @ 10:00 A.M. — Ehlers will submit notice, map, and instructions on or before May 25, 2011, via email to at legals.abc@ecm-inc.com.] June 7, 2011 EDA adopts a resolution approving the Modifications. City Council holds a public hearing at 7:00 P.M. on the Modification to the Development Program for Development District No. 1 and the Modifications of the Tax Increment Financing Plans for Tax Increment Financing District Nos. 1 -1 and 1- 2 and passes resolution approving the Modifications. [Ehlers will email Council packet information to the City on May 31, 2011.] , 2011 Ehlers files Modifications with the MN Department of Revenue, Office of the State Auditor, and Anoka County. EHLERS pnw LEADERS IN PUBLIC FINANCE CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND THE PROPOSED ADOPTION OF THE MODIFICATIONS TO THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICT NOS. 1 -1 AND 1 -2, BOTH REDEVELOPMENT DISTRICTS. BE IT RESOLVED by the City Council (the "Council ") for the City of Andover, Minnesota (the "City"), as follows: Section 1. Public Hearin ¢. This Council shall meet on June 7, 2011, at approximately 7:00 P.M., to hold a public hearing on the proposed adoption of a Modification to the Development Program for Development District No. 1 and the proposed adoption of the Modifications to the Tax Increment Financing Plans for Tax Increment Financing District Nos. 1 -1 and 1 -2 , which are referred to collectively herein as the "Modifications ", all pursuant to and in accordance with Minnesota Statutes, Sections 469.090 to 469.1082, Sections 469.124 to 469.134, and Sections 469.174 to 469.1799, inclusive, as amended, to authorize the use of tax increment financing for acquisition of certain parcels and to encourage the development and redevelopment of certain designated areas within the City; and Section 2. Notice of Public Hearing Filing of Modifications. City staff is authorized and directed to work with Ehlers & Associates, Inc., to prepare the Modifications and to forward documents to the appropriate taxing jurisdictions including Anoka County and Independent School District No. 11. The City Administrator is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10, nor more than 30, days prior to June 7, 2011, and to place a copy of the Modifications on file in the City Administrator's office at City Hall and to make such copy available for inspection by the public. Dated: April 19, 2011 Adopted: Mike Gamache, Mayor ATTEST: Jim Dickinson, City Administrator N OVE D 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administrator Accept Resignation/Appoint New Board Member/Youth First April 19, 2011 0 INTRODUCTION Current Youth First Board Member Jim Barber has indicated he will be stepping down as a Youth First Board Member effective July 1, 2011. The Council is requested to accept Mr. Barber's resignation and consider the appointment of a new member to represent the City of Andover. DISCUSSION Jim Barber has served as a City of Andover representative to the Youth First Board for over eight years. To most he is known as Pastor Barber, most recently at Constance Free Church in Andover. Pastor Barber is also the President of BridgeLink, a local non - profit based out of Constance Free Church that focuses on connecting people and organizations who care with several non profits that are providing the service of care in Anoka County through creating collaborative relationships between Service Providers that meet needs, and faith community small groups, businesses, families, and individuals that help them meet needs. Recently Bridgelink has formally decided to appoint Jill Discher as President of BridgeLink effective July 1, 2011. The background on this appointment has two dimensions: 1. Pastor Barber has been on a path toward greater involvement in church consulting for the past year. His personal consulting and his role in the Society for Church consulting are increasing to the point where he is unable to wear the third hat of BridgeLink President. Pastor Barber will be stepping down as president and then be available as needed only until September 30, 2011. From that point on Pastor Barber will then focus on his consulting, helping churches with their community involvement. Pastor Barber will continue pursuing his passion for faith community involvement, but in a different way. , 2. The other side of this is the exceptional resume and passion of Jill Discher for community involvement in Anoka County. Jill is a co- founder of BridgeLink and has been Vice President from its inception in 2005. Jill is also currently the programming face of BridgeLink to all social service collaboratives and to their partnership with the Compassion Action Network. She has also been on staff at Constance Free Church in a variety of roles since 1997 and prior to that, with her degree in education, has been a teacher, and ran a community children's program in Edina. With this transition, both Pastor Barber and City Administration are requestine that Jill Discher be appointed to replace Jim Barber as a City of Andover representative on the Youth First Board. ACTION REQUESTED Accept resignation of Jim Barber from the Youth First Board effective July 1, 2011 and appoint Jill ki-4er as a Youth First Board Member effective July 1, 2011. submitted, Y O F 4VE: 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: CC: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator Commander Kevin Halweg — Anoka County Sheriff's Office Anoka County Sheriffs Office Monthly Report - Sheriff April 19, 2011 ►o. INTRODUCTION Commander Kevin Halweg from the Anoka County Sheriff's Office will be present to provide the Council and the citizens of Andover with an update on law enforcement activities within the City. Attached is a copy of the March 2011 monthly report. DISCUSSION To be verbally presented. ACTION REQUIRED For Council information. Respectfully submitted, Commander Kevin Halweg Anoka County Sheriffs Office Attachment: March 2011 Monthly Report 04/14/2011 11:36 7637674679 ANOKA CO SHER PATROL PAGE 02103 CITY OF ANDOVER— MARCH 2011 ITEM MARCH FEBRUARY YTD 2011 MARCH YTD 2010 Radio Calls 777 647 2,124 2,147 Incident Reports 643 505 1,757 2,227 Burglaries 5 6 13 13 Thefts 34 32 112 127 Crim.Sex Cond. 1 1 5 4 Assault 1 3 7 16 Dam to Prop. 9 7 26 35 Harr. Comm. 10 7 31 37 Felony Arrests 5 5 24 8 Cross Mis. 2 2 6 3 Misd. Arrests 15 13 48 111 DUI Arrests 8 6 27 33 Domestic Arr. 6 4 15 8 Warrant Arr. 7 1 21 31 Traffic Arr. 172 114 408 639 DUI OFFENSES: DAY OF Sunday Monday Tuesday Wednesday Thursday Friday Saturday WEEK: Tom: 00:53 01:06 10:34 00:34 22:29 01:16 02 :18 19:48 04/14/2011 11:36 7637674679 ANOKA GO SHER PATROL PAGE 03163 CITY OF ANDOVER — MARCH 2011 COMMUNITY SERVICE OFFICER REPORT ITEM MARCH FEBRUARY YTD 2011 MARCH Radio Calls 105 95 262 271 Incident Reports 115 87 275 274 Accident Assist 5 8 23 10 Veh. Lock Out 32 33 92 51 Extra Patrol 217 227 630 343 House Check 17. 37 67 5 Bus. Check 4 5 1.6 27 Animal Compl. 37 25 81 84 Traffic Assist 13 3 25 47 Aids: Agency 202 143 472 417 Aids: Public 27 27 76 88 Paper Service 0 0 0 0 Inspections 0 0 0 0 Ordinance Vial. 3 3 7 6 N D OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: CC: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administra David D. Berkowitz, Director of Public Works / City Engineer Public Hearing/Fence Ordinance /City Code 12 -7 -2 - Engineering April 19, 2011 n INTRODUCTION The City Council is requested to hold a public hearing for City's Fence Ordinance /City Code 12- 7-2. DISCUSSION Private fences placed in critical easement locations (underground utilities, drainage areas, ponds, wetlands and access locations) can cause problems with utilities, storm water drainage systems and wetlands. To ensure the drainage systems and ponds function how they were designed it is critical to regulate the location of a private fence. Access to these types of facilities is important from a maintenance standpoint because if the stormwater system is not maintained they may not preform as designed which can cause flooding and other damage to occur. It is also important to protect wetlands from encroachment so that water quality is maintained and so that wildlife can flourish. The proposed Ordinance /City Code changes clarifies allowable locations for fences and also allows some flexibility for larger parcels in regards to where fences can be placed. ACTION REQUIRED The City Council is requested to hold a public hearing for Fence Ordinance /City Code 12 -7 -2, approve City Code changes and approve Summary Ordinance for publication. Respectfully submitted, r-004�D. David D. Berkowitz Attachments: Public Hearing Notice Proposed Changes to Fence Ordinance /City Code 12 -7 -2� & Summary Ordinance for Publication 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 f (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US NOTICE OF PUBLIC HEARING CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA The City Council of the City of Andover will hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, April 19, 2011 at Andover City Hall, 1685 Crosstown Blvd NW, Andover, to review the following request: PUBLIC HEARING: Consider changes to City Code 12 -7 -2 to better define allowable fence locations. There are several ways to participate in this process. You can attend the public hearing, send a letter, or e -mail to be added to the public record. A staff report summarizing the item also will be available prior to the meeting. Please contact David Berkowitz, Director of public Works /City Engineer with any questions at (763) 767 -5133 or d.berkowitz@andovermn.gov . David D. Berkowitz Director of Public Works/City ngineer Publication date: April 8, 2011 CHAPTER 7 FENCES AND WALLS SECTION: 12 -7 -1: Permitted Use 12 -7 -2: Locations 12 -7 -3: Fence Height 12 -7 -4: Performance Standards 12 -7 -5: Barbed Wire and Electric Fences 12 -7 -6: Exemptions From Provisions 12 -7 -1: PERMITTED USE: Fences, walls, hedges and similar barriers (herein referred to as fences) shall be permitted in all yards subject to the provisions of this chapter. A permit is required for the construction of all fences or walls that are located on, in, or near any property line, drainage and utility easement, or wetland in the City of Andover. A permit application shall be submitted for review by the Engineering Department and an application fee shall be paid as outlined in Chapter 1 -7 -3 of this code prior to the issuance of any permit. (Amend. 12/6/05, Ord. 317) 12 -7 -2: LOCATION: A. Fences shall be located entirely on the private property of the individual constructing the fence. Fences may be placed up to the property line. It is the responsibility of the property owner to determine the location of property lines. Fences may be located in any private yard or along a side or rear property line, except as follows: 1. No fence shall be placed in the public right -of -way. 2. Fences shall not be placed in underground any utility easements. whe a any under nrn ,+ utility + Fences may be placed in under other utility easements if within other utility en+ o to s ..����� o����, ,...� easements �o .0,.9 --ate they do not interfere iR any with existing ground utilities. The existence and location of private utility easements and equipment must be determined by contacting Gopher State One Call. 3. Fences shall not be constructed or placed in S, Gh a manner so as to drainage areas, ponds, or wetlands. Fences shall not be placed in easements that provide vehicle access for the maintenance of drainage, ponding, or wetland areas. 4. For fence placements on 2.5 acres and larger lots, the City may permit non- restrictive fencing in drainage, wetland or ponding areas as long as they do not restrict the flow of water. Access to ponds, wetlands and other such areas may be required by the City for maintenance purposes. NIn #tense shall be Gonrvo-u Gted as to enelese hinder, or restrin+ enness +e utility boxes fire hydrants, + , v�, v� icva,oc awa.oTCC�mny— vvicca� rrrc�Ty�ararrcsy er any other: above ground utilities 5. Fences in any area shall not be enclosed, hinder or restrict access to utility boxes, fire hydrants or other above ground utilities. on Berner lots shall not enereash upon the GleaF Vie Triangle as defir�ed�-2est1on 1-2 -2 of this sedgy 6. Fences on corner lots shall not encroach upon the Clear View Triangle as defined in Section 12 -2 -2 of this code. B. Any fence placed in violation of this section shall be the liability of the property owner who constructed it. The City, or any other agency having authority to work in a right -of -way or easement area, shall not be liable for repair or replacement of such fences in the event they are moved, damaged, or destroyed by virtue of the lawful use of that area. Any damage caused by the illegal placement of a fence shall be the responsibility of the property owner who constructed it. 12 -7 -3: FENCE HEIGHT: A. In the rear and side yards up to the front fagade of the principal structure, fences up to a height of six (6) feet are allowed. (Amended Ord. 386, 8/5/09) B. Fences located closer to the front property line than the principal structure, shall not exceed four (4) feet in height. In the R -1 Single - Family Rural Residential and R -2 Single - Family Estate zoning districts, "ornamental fences ", as defined in Section 12 -2 -2 of this title, of up to six (6) feet in height are permitted in all yards, provided the fence does not encroach upon the Clear View Triangle as defined in Section 12 -2 -2 of this code. (Amended Ord. 386, 8/5/09) 12 -7 -4: PERFORMANCE STANDARDS: A. Construction and Materials: Every fence shall be constructed in a workmanlike manner. For all fences constructed after the adoption of this title, all posts, supports, and framework shall be placed on the inside of the fence, with the finished side facing the abutting property or street. Fences in all districts shall be constructed of materials widely accepted in the fencing industry. No plywood boards, canvas, plastic sheeting or metal sheeting shall be used for any fence construction. No fence may have boards, planks, or panels larger than twelve (12) inches in width. Chain -link fences shall be constructed in such a manner that the barbed end is at the bottom of the fence. Silt fences shall only be allowed on construction sites or where deemed necessary to prevent soil erosion. Snow fences shall only be allowed between November 1St and April 15tH B. Maintenance: All fences shall be maintained in good condition and vertical position. Any missing, broken, incomplete, or deteriorated sections of fencing material or structural elements shall be replaced with the same quality of material and workmanship. All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by a protective covering or treatment. If twenty-five percent (25 %) of the surface is peeling, cracked, chipped, blistered, or weathered beyond effectiveness, the exterior surface shall be refinished. The entire surface shall be uniformly treated and maintained with the same quality of workmanship. (Amend. 12/6/05, Ord. 317) Any fence not in conformance with this subsection shall be declared a nuisance and repaired so as to be in conformance or removed by the property owner. 12 -7 -5: BARBED WIRE AND ELECTRIC FENCES: A. A security arm for barbed wire to a maximum of eight (8) feet may be permitted by Conditional Use Permit in industrial or business districts. B. Barbed wire and electrical fences shall not be permitted on residential lots of less than two and one half (2.5) acres. 12 -7 -6: EXEMPTIONS FROM PROVISIONS: Fences that are for the sole purpose of containing farm animals are not subject to the provision of this title. (Ord. 8PPPPPP, 8 -20 -2002; amd. 2003 Code; amd. Ord. 314,10-4-2005) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. SUMMARY AN ORDINANCE AMENDMENT TO CITY CODE 12 -7 -2 FENCES AND WALLS, LOCATIONS STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance amendment is adopted pursuant to the authorization and policies contained in Minnesota Statute 462. Policy The purpose of these regulations is to protect the public health, safety and welfare and to clarify the allowable locations for fences. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this _ day of 2011. ATTEST: Michelle Hartner, Deputy City Clerk CITY OF ANDOVER Michael R. Gamache, Mayor AN T Y O F�• D OVER 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator FROM: Courtney Bednarz, City Planne* SUBJECT: Public Hearing/Sign Ordinance /City Code 12 -15 - Planning DATE: April 19, 2011 INTRODUCTION This item is a public hearing to discuss changes to the city's sign regulations. DISCUSSION At the last Council meeting the Council identified the following areas of the sign regulations for further discussion: 1. City Code 12 -15 -4 Exemptions 2. City Code 12 -15 -5 Signs Prohibited in All Districts 3. City Code 12 -157: C: Size and Placement Standards 4. City Code 12- 15 -10: Temporary and Promotional Signs 1. Citv Code 12 -15 -4 Exemptions The three changes within this section are as presented at the April 5' Council meeting. Exemptions, Generally The introduction to the exemptions section currently reads as shown below: 12 -15 -4: Exemptions: The following signs shall not require a sign permit, provided that the general sign regulations established in this code are met: This statement is problematic because `general sign regulations' could encompass any or all of the language in this chapter and defeats the purpose for allowing exemptions. Additionally, the regulations need to be required or exempted with clarity for them to be applied fairly. The proposed code amendment would clarify what is required as shown on page 7. Governmental KM An exemption is currently provided for temporary governmental signs as shown below: 12 -15 -4 B. Temporary Governmental Signs: All temporary governmental signs used to control traffic during road or utility construction activities and provide information or warning to the public. While this section identifies information as one of the intended sign purposes, these types of signs are not always temporary, such as the entrance and information signs currently being considered by the city. Interestingly, City Code 12 -2 Definitions does not establish a temporary governmental sign. Instead this section establishes the type of sign shown below. 1 Sign, Governmental: A sign that is erected by a governmental unit or public utility for the purpose of public information, warning or directing traffic. It appears that the word temporary was added in 12 -15 -4 B. to address temporary construction signage without regard for the other types of signs included in the established definition in City Code 12 -2. The proposed code amendment would restore the established definition to this section of the sign regulations as shown on page 7. 12 -15 -4 B. Private Traffic Circulation Signs The existing language is out of date. The city utilizes the Minnesota Manual of Uniform Traffic Control devices (MMUCT) to review private traffic circulation signs. This manual provides size, location, height and other details for signs and striping. The proposed code amendment references this manual on page 7. 2. City Code 12 -15 -5 Signs Prohibited in All Districts One change within this section is presented for discussion. One of the provisions of this section prohibits signs attached to fences. The Council identified that there are signs attached to fences adjacent to streets within the city and wanted to discuss whether they should be allowed. Common types of signs are for home day care, nameplates for fence companies and occasionally campaign signs. The size and type of residential signs is regulated by City Code 12 -15 -8 (page 11). The types of signs that are permitted by this section prevents advertising for off site businesses. Commercial and industrial signs are regulated by zoning district through the rest of that section (pages 11 -13). If the Council would like to allow signs attached to fences, staff suggests the modification shown on page 8. 3. City Code 12- 15 -7C: Size and Placement Standards This section requires signs larger than 4 square feet to be set back at least ten feet from property lines. The Council identified this requirement as one that should be discussed. One concern if this requirement is reduced or eliminated is the potential for signs to block visibility at intersections. This can be addressed by prohibiting signs within the sight triangle. Another is the fact that 10 foot wide drainage and utility easements are typically established along the perimeter of commercial lots to protect an area for utilities. 4. City Code 12- 15 -10: Temporary and Promotional Signs The Council identified temporary signs as a topic for discussion. Presently the city allows these signs for 30 days per calendar year with the potential for up to 10 additional days for promotional events. The maximum size of this sign is 32 square feet, typically appearing as a 4 x 8 foot black sign with neon letters. A comparison of other communities temporary sign regulations is provided below. WJ City M. Permit Period Total Anoka 32s da 0 up to 3 times per year (90 days) Blaine 50 sf dal s up to 4 times per year (56 days) Rao ds 12 sf da 0 60 days total per year (60 days) Ham Lake 32 sf da 0 up to 3 times per year (90 days) 6 sf sandwich board - no limit except hours of operation Lino Lakes 32 sf temporary sign - 17 consecutive days 32 sf temporary banner 17 consecutive days Plus 14 additional days for new businesses Most retail businesses would prefer additional time for temporary signs. Several have indicated that there is a direct correlation between this type of signage and the number of people who visit their business. In some cases this is the result of making people aware of grand openings, specials or promotions that are being offered. Advertising these events is the intent of temporary signage. In other situations temporary signage is used to address poor visibility, most commonly in retail centers where the business is set back a significant distance from major thoroughfares. In this situation a permanent monument sign is a better solution than periodic temporary signage. ACTION REQUESTED The Council is asked to hold a public hearing and to discuss changes to the City Code. An ordinance amendment is attached and can be modified and approved if there is consensus. If more time is needed this item can be brought back to a future Council meeting. If an ordinance amendment is approved, please also approve the attached ordinance summary for publication in the Anoka County Union. Please note the ordinance summary may also need to be modified based on the Council's discussion. Attachments Proposed City Code Amendment Summary Ordinance April 5h Council Minutes (draft minutes are earlier in the packet) 4 FA 3 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TO CLARIFY THE EXEMPTIONS OF SIGN REGULATIONS THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 12: ZONING REGULATIONS CHAPTER 2: RULES AND DEFINITIONS 12 -2 -2: DEFINITIONS: The following words and terms, whenever they occur in this title, are defined as follows: SIGN: A name, identification, description, display, structure, illustration, or device which is affixed, painted, or represented either directly or indirectly upon a building or other surface which directs attention to an object, product, place, activity, person, institution, organization or business. SIGN, ABANDONED: A sign which no longer correctly advertises a bona fide business, lessor, owner, product or activity conducted, or product available on the premises where the sign is displayed, or elsewhere. SIGN AREA: The area within the frame shall be used to calculate the square footage; except, that the width of a frame exceeding twelve inches (12 ") shall constitute advertising space, or should such letters or graphics be mounted directly on a wall or fascia or in such a way as to be without a frame, the dimensions for calculating the square footage shall be the area extending six inches (6 ") beyond the periphery formed around such letters or graphics in a plane bounded by straight lines connecting the outermost points thereof, and each surface utilized to display a message or to attract attention shall be measured as a separate sign. SIGN STRUCTURE: The supports, upright, braces and framework of the sign. SIGN STYLES: Sign, Audible: Any sign constructed to produce or emit sound. This shall not include order boards used in conjunction with a drive -thru window. Sign, Bench: A sign that is affixed to a bench, not to include memorial dedications in park areas. Sign, Combination: A sign incorporating a combination of the features of freestanding and wall signs. Sign, Flashing: An illuminated sign on which the artificial light is not maintained stationary and /or constant in intensity and color. Sign, Freestanding: A sign that is supported by one or more uprights, poles or braces in or upon the ground, other than a combination sign. This shall include ground monument style signs. Sign, Illuminated: Any sign that has characters, letters, figures, designs or outlines illuminated by electric lights or tubes. Sign, Multifaced: A sign with two (2) or more exposed faces, not to exceed the square footage allowed for a single face sign. Sign, Reader Board: A sign that has a reader board where copy changes. Sign, Roof: A sign erected upon the roof deck or above the parapet of a building. Sign, Wall: A sign attached to or erected against the wall of a building with the exposed face of the sign in a plane parallel to the plane of said wall. SIGN TYPES: Sign, Area Identification: A freestanding sign that identifies the name of a neighborhood, a residential subdivision, a multiple residential complex consisting of three (3) or more structures, a shopping center or area, an industrial area, an office complex consisting of three (3) or more structures, or any combination of the above, could be termed an area identification sign. Sign, Ballfield Advertising: A sign that is attached to the outfield wall or fence of a baseball or softball field and advertises a business, good, or product. (Amended Ord. 330, 6 -6 -2006) Sign, Billboard: A permanent sign or sign structure with a changeable face used to advertise products, goods, or services that are not sold, offered, or otherwise related to activities conducted on the premises on which the sign is located. Sign, Business Or Industrial Identification: A sign which states the name, address, or both, of the businesses, or occupants of a lot. Sign, Governmental: A sign that is erected by a governmental unit or public utility for the 5 purpose of public information, warning or directing traffic. Sign, Institutional: A sign and /or reader board that identifies the name and other characteristics of an institutional use located within designated zoning districts and allowed by this title. "Institutional signs" shall contain no advertisement. (Examples: churches, schools, sanitariums, hospitals, government buildings and nursing homes). Sign, Memorial Dedication: A sign memorializing a person or persons, deed, or event. Such signs shall not include any type of advertising or commercial message. Sign, Real Estate: A sign offering property (land and /or buildings) for sale, lease or rent. Sign, Residential Identification: A sign identifying a resident (including address and profession, occupation or home occupation), school, church, or other non - business use. Sign, Scoreboard Advertising: A sign attached to a permanent scoreboard structure at an athletic field that advertises a business, good or product. (Amended Ord. 330, 6 -6 -2006) Sign, Temporary: Any sign placed in such a manner as not to be solidly affixed to any building, structure, or land. Sign, Unsightly: A condition where a sign has deteriorated to the point that one - fourth (1/4) or more of the surface of the name, identification, description or other symbol is no longer clearly recognizable to the human eye at a distance of forty feet (40'). In the case of painted signs, "unsightly" shall mean that the paint is peeling away from the structure surface or is faded so that it is not recognizable to the human eye at a distance of forty feet (40'). CHAPTER 15: SIGNS SECTIONS: 12 -15 -1: Purpose 12 -15 -2: Scope 12 -15 -3: Permit Required 12 -15 -4: Exemptions 12 -15 -5: Signs Prohibited in All Districts 12 -15 -6: Real Estate Signs 12 -15 -7: Performance Standards 12 -15 -8: Permitted Signs and Standards by Zoning District 0 12 -15 -9: Signs Allowed by Conditional Use Permit 12- 15 -10: Temporary and Promotional Signs 12- 15 -11: Inspections 12 -15 -1: Purpose: The purpose of this section is to allow effective signage appropriate to the planned character of each zoning district and to provide minimum standards for the safeguard of life, health, safety, property and public welfare by regulating and controlling the design, quality of materials, construction, type, size, location, and maintenance of all signs and sign structures not located within a building. 12 -15 -2: Scope: The sign regulations set forth in this chapter shall apply to all structures and all land uses, except as otherwise provided in this chapter. All signs allowed by this chapter shall be limited to on- premise signs, except where otherwise specifically noted. 12 -15 -3: Permit Required: A permit is required for the installation of any sign in the City except for those exempted in section 12 -15 -4. A permit application shall be submitted and a fee established by the City Council shall be paid before a permit is issued. There shall be no fee for governmental units or nonprofit organizations. 12 -15 -4: Exemptions: The following signs shall be allowed without ^e+ „fie a sign permit, provided that the general Ginn regulations established in this Gode are met the sign conforms to City Code 12 -5 -5 and the requirements for each type of sign shown below: A. Election Signs: Election signs are permitted on any private property. Such signs may be displayed from August 1 until ten (10) days after the general election. B. TenpGraFrGovernmental Signs: All temporary governmental c..n� . Any sign that is erected by a ,governmental unit or public utility for the purpose of public information, warning or directing traffic. 13C. Private Traffic Circulation Signs: Private traffic circulation signs in parking lots, and pedestrian circulation signs, and traffic warning signs in alleys or other hazardous situations are permitted, provided: the sign conforms to the Minnesota Manual of Uniform Traffic Control Devices (MMUTCD), as amended. 111H.P11 F!'111111111 !'111! IMPMEW-M.M.M. GD. Normal sign alteration and maintenance shall not require a sign permit, including: 7 1. The changing of the copy or message on a reader board sign, or changing a message on theater marquees. 2. Maintenance, painting, repainting or cleaning of a sign unless a structural change is made. 12 -15 -5: Signs Prohibited in All Districts: The following signs shall not be erected within the city: A. Any sign that, by reason of position, shape, movement or color, interferes with the proper functioning of a traffic sign or signal or which constitutes a traffic hazard. B. There shall be no flashing or revolving sign in the front setback area within one hundred twenty five feet (125') of a street intersection (as measured from intersecting right of way lines) or within one hundred twenty five feet (125') of a residential district, except where such sign in no way constitutes a traffic hazard. C. Signs painted directly on a stoneLer� the outside wall of a building or fence and any sign affixed to a fence, tree, or utility pole. D. Roof signs, roof advertising symbols, roof logos, roof statues, or roof sculptures. No sign shall extend above the roofline. D-: E.Signs within the public right of way or easements, except as authorized by the governing body. F. Audible signs. G. Billboard signs. Fr. H. Signs displayed on parked semi - trailers used primarily for advertising purposes. H-. I. Any sign which contains information, whether written or graphic, that is obscene in nature. J. All signs not expressly permitted or exempted under this chapter. 12 -15 -6: Real Estate Signs: Signs advertising the availability of property for sale, lease, or rent shall be allowed in all districts, subject to the following provisions: A. All real estate signs shall be subject to the provisions of this chapter, except herein provided. B. All signs shall be removed within seven (7) days after the completion of the advertised sale or lease. C. Signs advertising new residential or commercial developments are permitted, provided that: 8 1. Such signs do not exceed thirty -two (32) square feet in size. 2. There shall be no more than one such sign per street frontage of the development. D. Signs offering individual properties, either land and /or buildings, for sale, lease or rent shall be limited to six square feet in size. One such sign shall be permitted per lot. A sign permit is not required for the placement of these signs. 12 -15 -7: Performance Standards: A. Construction Requirements: All signs shall be in compliance with applicable provisions of the Andover Building Code. Every person engaged in the business of erecting signs in the city is required to have a valid contractors license issued by the Building Department. B. Maintenance And Repair: All signs shall be maintained so as not to be unsightly or create hazards to the public health, safety, or general welfare. All signs, together with their supports, braces, guys and anchors, shall be kept in good repair and in a proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times. The City may order the removal of any sign that is not properly maintained. C. Obsolete Signs: Any sign that no longer advertises or identifies a bona fide business conducted or product sold on the premises shall be removed by the property owner within thirty (30) days after written notification from the Zoning Administrator. Support posts and frames that no longer contain signage must be removed by the property owner within six (6) months after written notification from the Zoning Administrator. G D.Size and Placement Standards: 1. Illuminated signs located within fifty feet (50') of a residential district lot line shall be diffused or indirect so as not to reflect direct light into adjacent residences. 2. In all districts, any portion of any sign exceeding four (4) square feet shall be set back a minimum of ten feet (10') from any street right of way line and five feet (5') from any residentially zoned property line. 3. Projection: Signs may project a maximum 2 feet into a required building setback area. 4. Automobile service stations may erect one pylon or pedestal sign not to exceed twenty five feet (25') in height in a setback area, provided no part of any such sign shall be closer to the side lot lines than the required side yard setback, nor within five feet (5') of the rear lot line or any street right of way. 5. Multi -faced signs shall be permitted, with the maximum square footage on each 9 side. Multi -faced signs shall not exceed two (2) times the area of single faced signs. 6. All corner and double frontage lots shall be considered as having two (2) front lot lines for application of regulations pertaining to signs. B E. Area Identification Signs: Area identification signs, including off site signs, shall be permitted in all districts subject to the provisions of this chapter and with the following conditions: 1. The sign shall not be separated from the area or project it identifies by an arterial roadway. 2. The sign shall be within 500 feet of the project it is identifying. 3. The sign shall not be included in the total signage permitted for the property on which it is located. 4. The owner of the property where the sign is to be placed shall give written permission for the sign to be placed on their property. 5. All area identification signs shall be identified on the plat or commercial site plan. €. F. Ball Field and Scoreboard Advertising Signs: Ball field advertising and scoreboard advertising signs shall be permitted in all districts subject to the provisions of this chapter and with the following conditions: 1. Ball field advertising signs shall not be visible from adjacent residential properties when viewed at ground level. 2. Ball field advertising signs in City parks shall be subject to the City of Andover Park Advertising Policy. 3. Scoreboard advertising signs shall be placed in such a way so as to minimize to the greatest possible extent the exposure to adjacent residential properties. 4. Ball field and scoreboard advertising signs shall not be illuminated when not in use for ball games. 12 -15 -8: Permitted Signs and Standards by Zoning Districts: Signs shall be permitted by zoning district in accordance with the following standards: A. Residential Districts: 1. Type: Area identification, ball field advertising, institutional, residential identification, scoreboard advertising, temporary, any sign exempted in section 12 -15 -4. a. Portable, trailer based temporary signs shall be permitted for 10 governmental or institutional uses only. 2. Style: Combination, freestanding, wall. 3. Number: One per lot frontage. 4. Height: Not over ten feet (10') above grade except as otherwise provided herein. 5. Illumination: Indirect or diffused lighting of signs is permitted. 6. Size: a. Residential identification and temporary, as follows: Parcels (Land) Size Maximum Square Feet Per Dwelling On parcels less than 5 4 acres On parcels of 5 acres 16* but less than 20 On parcels of 20 acres 20* or greater *Signs greater than four (4) square feet on parcels of land five (5) acres or more in size shall only identify agricultural related uses. b. Institutional Signs: Institutional signs up to thirty -two (32) square feet shall be permitted. Sixty -four (64) square feet of signage is permitted for multiple frontage lots. c. Area Identification Signs: One freestanding sign shall be allowed at each street entrance to a subdivision provided: (1) The area for development is larger than five (5) acres; (2) All signs shall be identified on the preliminary plat. (3) The maximum square footage of the sign is thirty -two (32) square feet. (4) The sign is located ten feet (10') from any property line. B. General Recreation (GR) and Limited Business (LB) Districts: 1. Type: Area identification, ball field advertising, business identification, institutional, scoreboard advertising, temporary, any sign exempted in section 12 -15-4. 11 2. Style: Combination, freestanding, illuminated, wall. 3. Height: No taller than the highest outside wall of building, or twenty -five feet (25'), whichever is less. 4. Size: a. The aggregate square footage of sign space per lot shall not exceed the sum of two (2) square feet per front foot of building. b. No single sign shall exceed two hundred (200) square feet. c. No individual business signs shall be arranged so as to create one integrated sign that exceeds two hundred (200) square feet in size. C. Shopping Center (SC) and Neighborhood Business (NB) Districts: 1. Type: Area identification, ball field advertising, business identification, institutional, scoreboard advertising, temporary, any sign exempted in section 12- 16 -4. 2. Style: Combination, flashing, freestanding, illuminated, wall. 3. Size: a. The aggregate square footage of sign space per lot shall not exceed the sum of three (3) square feet per front foot of building. b. No single sign shall exceed one hundred (100) square feet except area identification signs, which shall not exceed three hundred (300) square feet. 4. Height: No taller than the highest outside wall or parapet or twenty -five feet (25'), whichever is less. D. General Business (GB) Districts: 1. Type: Area identification, ball field advertising, business identification, institutional, scoreboard advertising, temporary, any sign exempted in section 12- 16-4. 2. Style: Combination, flashing, freestanding, illuminated, wall. 3. Size: a. The aggregate square footage of sign space per lot shall not exceed the sum of four (4) square feet per front foot of building. b. No sign shall exceed two hundred fifty (250) square feet, except area identification signs, which shall not exceed three hundred (300) square feet. 12 4. Height: No sign shall be more than twenty five feet (25') above grade. E. Industrial (1) Districts: 1. Type: Area identification, ball field advertising, business identification, scoreboard advertising, temporary, any sign exempted in section 12 -16 -4. 2. Style: Combination, flashing, freestanding, illuminated, wall. 3. Size: a. The aggregate square footage of sign space per lot shall not exceed the sum of four (4) square feet per front foot of building. b. No sign shall exceed three hundred (300) square feet. 4. Height: No sign shall be more than twenty -five feet (25') above grade. 12 -15 -9: Signs Allowed By Conditional Use Permit: A. Permitted Signs: The following signs shall be allowed by conditional use permit: 1. Marquees of any type, with or without signs. 2. Signs on benches (not in city parks), newsstands, cabstand signs, bus stop shelters and similar places. 3. Real estate signs over thirty -two (32) square feet per lot frontage and exceeding other sign area limits in business and industrial areas. 4. Institutional signs in residential districts with an aggregate square footage exceeding thirty -two (32) square feet and /or more than one sign per lot frontage, provided: a. The sign is located ten feet (10') from any property line. b. The aggregate square footage of sign space shall not exceed one hundred (100) square feet. c. The sign shall be of the following styles: combination, freestanding, or wall. d. The sign shall be located at least one hundred thirty feet (130') from any residential structure. 12- 15 -10: Temporary and Promotional Signs: The following signs are permitted, subject to the provisions of this chapter: 13 A. Temporary Signs: Temporary signs shall be permitted in any district in any yard area except, that: 1. Such sign shall not be within ten feet (10') of any street right -of- way or within five feet (5') of any other lot line. 2. There shall be no more than one (1) such sign per business. 3. The total area of such signs shall not exceed thirty -two (32) square feet. Non - institutional signs in residential districts shall be limited in size as outlined in section 12- 16 -8 -A -6 of this code. 4. A maximum of 30 days of temporary signage is permitted per business per year. B. Promotional Signs: The City Administrator or designee may approve signs or other devices that do not comply with the standards of this title when they are found to be in conformance with public health, safety, and welfare. Such signs or devices may be used to attract attention, special promotional events (grand openings, carnivals, craft shows, flea markets and other similar events). Such events shall not exceed ten (10) calendar days per year. Examples of the signage and devices that may be approved in this manner are spotlights, skytrackers, balloons, and similar devices. Such signage shall not be counted against the permitted 30 days of temporary signage. (Amended Ord. 8, 10 -21 -1970; amd. 2003 Code) C. Temporary Real Estate Signs- The City Administrator or designee may approve temporary, off -site real estate signs. 12- 15 -11: Inspections: Upon proper presentation of credentials, the Building Official or his duly authorized representatives may enter at reasonable times any building, land or structure in the city to inspect or re- inspect any signs. (Amended Ord. 8, 10 -21 -1970) 14 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. SUMMARY AN ORDINANCE AMENDMENT TO CITY CODE 12 -15 SIGNS STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance amendment is adopted pursuant to the authorization and policies contained in Minnesota Statute 462. Policy The purpose of these regulations is to protect the public health, safety and welfare and to clarify the exemptions from sign regulations, the location of signs and the duration of temporary signs. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this _ day of , 2011. ATTEST: CITY OF ANDOVER Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor 15 13, ND OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrato FROM: David D. Berkowitz, Director of Pub > orks /City Engineer SUBJECT: Discuss No Parking/1481h Lane NW Between Jay Street NW & Grouse Street NW - Engineering DATE: April 19, 2011 INTRODUCTION The City Council has been requested to discuss the conditional no parking restriction along 148th Lane NW between Jay Street NW and Grouse Street NW. DISCUSSION A petition was received in June 2010 requesting conditional no parking signs be placed along 148th Lane NW between Jay Street NW and Grouse Street NW. The request was made because the concern of congestion in this area due to parents dropping children off and picking them up from Andover Elementary School. On June 15, 2010 the City Council approved a no parking resolution that restricted parking along both the north and south side of 148th Lane NW from 8:00 am to 10:00 am and 3:00 pm to 5:00 pm, Monday through Friday from September 1st to June 1st. Signs were installed before the beginning of the 2010 -2011 school year. City Council items and meeting minutes along with the petition are attached. February 2011 a petition was received requesting that parking be reinstated on the south side of 148th Lane NW within the section described. The various reasons are listed on the attached February 2011 petition cover letter. Also attached for information is additional items listed below. ACTION REQUIRED The City Council is requested to discuss the conditional no parking restriction along 148th Lane NW and direct staff on how to proceed. ectfully submitted, e -VCZ0. David D. Berkowitz Attachments: �ty Council Items and Minutes from June 0 and June 15th 2010, Petition dated February 2011, City Council Workshop Minutes Februat 22,11, Andover Elementary School Newsletter ( "All Around Andover Elementary School ") & School Walking Zone Map ✓ cc: Richard & Shannon Wagner, 1735 -148th Lane NW, Andover Dan & Patti Stay, 1668 —146th Ave. NW, Andover 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER., MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: CC: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administrator David D. Berkowitz, Director of Public Works /City Engineer Discuss Petition/No Parking Request/148th Lane NW - Engineering June 1, 2010 INTRODUCTION The City Council is requested to discuss the attached petition requesting no parking along 1480h Lane NW. DISCUSSION Attached is a petition that has been received from the neighborhood south of Andover Elementary requesting conditional no parking signs be place along 148" Lane NW. The attached letter from Shannon Wagner addresses the concern of parking along 148th Lane NW and provides pictures. If the petition and request is acceptable to the City Council a no parking resolution will be brought back to the June 15, 2010 regular scheduled City Council meeting for approval. ACTION REQUIRED The City Council is requested to discuss the attached petition requesting no parking along 148th Lane NW and direct staff on how to proceed. Respectfully submitted, (Q-004�. David D. Berkowitz / Attachments: Petition, Letter & Location Map cc: Richard & Shannon Wagner, 1735 —148`" Lane NW, Andover NDOVE 1685 CROSSTOWN BOULEVARD N.W. a ANDOVER, MINNESOTA 55304 a (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US Dater 4 2q -lo Andover. City Council Members: We, the undersigned, owners of real property in the following described area: . Do hereby petition that said portion of said area be posted no parking �- � ©- SIGNATURE OF OWNER ADDRESS YES NO This petition was circulated by: t 'kfAV q$ 6Y) (I V, kl Address:(-736 14y"" LN NW Ak) d OVe - if �I N G:'OATA\STAFFMOHOAAkFOFM 1nelgModrood pegHon.doo P6 170<6 S' G, If s r in s 1 -0 /g j�jxl I This petition was circulated by: t 'kfAV q$ 6Y) (I V, kl Address:(-736 14y"" LN NW Ak) d OVe - if �I N G:'OATA\STAFFMOHOAAkFOFM 1nelgModrood pegHon.doo Richard & Shannon Wagner 1735 148x' Lane NW * Andover, MN 55304 * ' May 4, 2010 City of Andover 1685 Crosstown Boulevard N.W. Andover, MN 55304 Dear Andover City Council Members: Thank you for taking the time to review this petition. The following are a couple of concerns regarding the issue of people using 148d' Lane NW as their own school drop off zone: • The street ends up being so congested, with vehicles lining both sides, that trying to pass through becomes a challenge. It even becomes dangerous hying to back out of our own driveways. (photo below was on a slow day) • There have been many times where a vehicle pulls to the side to park and wait for their children) and end up blocking our driveways: • The safety of the children is at risk. Often times these kids enter into the street without paying any attention to the fact that there are other vehicles driving through. Parents also stop their vehicles in the middle of the road to talk to another parent in a vehicle that is already parked. • The home to the east of the walking path has complaints of all these kids cutting across her yard to reach their parents, vehicle, trampling through her hastas that line her driveway. The attached petition has been signed by the residents of this block who are directly affected by all of this unnecessary traffic. We do not agree that our block should be used as a school drop off zone and that these parents should utilize the drop off/pick up process that the school has in place. Thank you again for your time. Sincerely, Shannon Wagner 1735 148t' Lane NW Andover, MN 55304 Encl: no parking petition L .f Q 1v+ • c O US 00 o —> w 0 oo a W jQ. z t Y N E i W y Iry N O 4 z 0 W J V% N Z QD W Y F ti m Y n.,.l' U J ¢ Q NQ x_ n g3a moo Y ` ❑©❑ io m m OO C3 NQ a n QAIG NOSNVH 1 � - 6296 co co SV94 ( r — — L996 0996 6996 8594 SS96 v—+ 6996 ZL96 6196 OL96 1996 Z } 6896— —£896 2896 6L96 £696 969 9696 V696 6696 � vqlk r 5016 — • gp� LOl6 9016 £016 CD tn 1616 OZ0—� -- -- - -- __ �+ _— • }� Wt. 8616 S£L 6 ££16 Z£L 6 .' i - - - - -- % LZ16 q LVL6 • •9tiL6 Str16 tib16 _ 6516 8SL6 9516 t � 15L6 Al i -- -- coo co co cc V N Q © Regular Andover City Council Meeting Minutes —June 1, 2010 Page 3 H S Ms. Peggy Moeller, HLB Tautges Redpath made the Year End December 31, 2009 Audit presentation to the Council outlining the required reports and provided some details on the City's financials. Acting Mayor Jacobson stated he understood the auditors found a few items that needed attention and he wondered if they were taken care of Ms. Moeller indicated she was satisfied with the results and both items have been corrected. Motion by Knight, Seconded by Bukkila to accept the Year End December 31, 2009 Audit reports. Motion carried unanimously. DISCUSS PETITIONINO PARKING REQUEST /148TH LANE NW Mr. Berkowitz explained the City Council is requested to discuss a petition requesting no parking along 148' Lane NW, south of Andover Elementary. Acting Mayor Jacobson noted the school provides a place to pick up the kids but wondered why it is not being used, he questioned if it is a little less convenient. Mr. Berkowitz stated the Sunshine Park parking lot is used quite a bit at the end of the day and can be very congested, but the parking lot has a lot of capacity. Councilmember Knight asked if the school could send home a flyer to the effect to what is being done so parents are being warned ahead of time. Mr. Berkowitz stated they can work with the school to see if they could get some type of notification out. The petitioner, Shannon Wagner, was at the meeting. Acting Mayor Jacobson stated not all of the homes along the street signed the petition and he wondered why. Ms. Wagner stated the times she went around the neighborhood the residents that did not sign the petition were not home. Councilmember Knight asked what percentage of homes she got to sign the petition. Ms. Wagner stated seven homes signed the petition out of fifteen homes she went to and nobody refused to sign the petition. Motion by Bukkila, Seconded by Knight to authorize staff to go forward as presented and draft a resolution for approval at the next City Council meeting. Motion carried unanimously. SCHEDULE JUNE WORKSHOP The Council is asked to schedule a City Council Workshop for either Tuesday, June 22, 2010, or Tuesday, June 29, 2010 at 6:00 p.m. ANLb 6 q (F) u4k 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: CC: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administrator David D. Berkowitz, Director of Public Works /City Engineer Approve No Parking Resolution /1481h Lane NW - Engineering June 15, 2010 INTRODUCTION This item is in regard to approving a resolution designating no parking on both sides of 148'h Lane NW between Grouse Street NW and Jay Street NW. DISCUSSION Attached is a petition that has been received from the neighborhood south of Andover Elementary requesting conditional no parking signs be place along 148h Lane NW. The attached letter from Shannon Wagner addresses the concern of parking along 148 "t Lane NW and provides pictures. This item was presented and discussed at the May 18`I' City Council meeting. ACTION REQUIRED The City Council is requested to approve the attached resolution designating no parking on both sides of 148`" Lane NW between Grouse Street NW and Jay Street NW. Respectfully submitted, 12 t David D. Berkowitz Attachments: Resolution�etter & Location Map cc: Richard & Shannon Wagner, 1735 —148'h Lane NW. Andover CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION DESIGNATING NO PARKING FOR BOTH SIDES OF 148TH LANE NW BETWEEN GROUSE STREET NW AND JAY STREET NW WHEREAS, the City Council is cognizant of the public nuisance, traffic hazard and congestion; and WHEREAS, the Council believes restricting the parking in the area will be a solution to a problem. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to designate the no parking zone from 8:00 am to 10:00 am and 3:00 pm to 5:00 pm, Monday through Friday from September 1St to June 1St. Adopted by the City Council of the City of Andover this 15th day of June , 2010. ATTEST: Michael R, Gamache - Mayor Michelle Hartner — Deputy City Clerk {C m � p/ c a N y 7 I � 1756 ti� y 1757 1758 ,. 1758 N 1759 1759 � - - -J _ -- . - -..- 1744 1745 1746 4 7_ 1747 b 1727 / -._.. - - -- - - - -- -- - - 1732 1733 �34i 1735 � u 1718 ... 1719 � - - -�- 120• • - -� a _ 1717 0 _ 1703 1706 170708 Piz -1705 - 1691 1694 1695 6 1693 _ 1683 I64 1681 -1679 - -1682 II(- o Z 1667 1670 1671 1672 1669 p 5 1655 1658 9659 I 1660 1657 ` C- �' rn �w co 'b N W 1645 C3 -•l 22 m CJ 1629 fL / 1 BLVD 4 T` #R HANSON. Z. d d dam' - 2 ❑ El D N d d ry y JJ r T m rolt I m Z oO o m 5 nN �_ nn ` cQ t 0 O C am C I T Y �]0 F Y .tom. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • 4V1NW.CI.ANDOVER.MN.US Date: y ` ZCI - Vo Andover City Council Members: We, the undersigned, owners of real property in the following described area: I j x- � L- j N v,4 c, Do hereby petition that said portion of said area be posted no parking xoi �KkNC`3" �?G(>) >: Do SIGNATURE OF OWNER ADDRESS YES NO This petition was circulated by: Fi Address: 14? 1)4 LN NW r/Vhd OVP(- ; Mty Gs3(q q G:\ DATA\ STAFFiRHONDAA \FOHIJS \neighborhoad pelirion.doc 1735 ;Lt? � LAN NJ W ?C _- 1: -7 "� q ij � t4 L vz aitl 17 a5 YS ` r^ 1'f /U 6K )7T)�1 �n• v��' - -... '✓ (7'f� i r6r/ /U This petition was circulated by: Fi Address: 14? 1)4 LN NW r/Vhd OVP(- ; Mty Gs3(q q G:\ DATA\ STAFFiRHONDAA \FOHIJS \neighborhoad pelirion.doc Richard & Shannon Wagner 1735 148`h Lane NW * Andover, MN 55304 * 763 - 862 -1145 May 4, 2010 City of Andover 1685 Crosstown Boulevard N.W. Andover, MN 55304 Dear Andover City Council Members: Thank you for taking the time to review this petition. The following are a couple of concerns regarding the issue of people using 148`h Lane NW as their own school drop off zone: • The street ends up being so congested, with vehicles lining both sides, that trying to pass through becomes a challenge. It even becomes dangerous trying to back out of our own driveways. (photo below was on a slow day) • There have been many times where a vehicle pulls to the side to park and wait for their child(ren) and end up blocking our driveways: • The safety of the children is at risk. Oftentimes these kids enter into the street without paying any attention to the fact that there are other vehicles driving through. Parents also stop their vehicles in the middle of the road to talk to another parent in a vehicle that is already parked. • The home to the east of the walking path has complaints of all these kids cutting across her yard to reach their parents' vehicle, trampling through her hastas that line her driveway. The attached petition has been signed by the residents of this block who are directly affected by all of this unnecessary traffic. We do not agree that our block should be used as a school drop off zone and that these parents should utilize the drop off /pick up process that the school has in place. Thank you again for your time. Sincerely, 4W44&� Shannon Wagner 1735 148°i Lane NW Andover, MN 55304 Encl: no parking petition © Regular Andover City Council Meeting Minutes —June 15, 2010 Page 2 Motion by Trade, Seconded by Jacobson, to approve the minutes as indicated above. Motion carried unanimously. June 1, 2010, Regular Meeting: Correct as presented. Councilmember Trade stated she had one concern because the minutes of the May I e meeting were approved and three members were at the meeting and since then they have received an email from a resident who had a concern that the comments made at the resident forum made by herself were not accurately reflected in the minutes so she requested that the Councilmembers that were at the meeting and approved the minutes to make a motion to reconsider the minutes of the meeting so they could have a better record of what happened. Councilmember Jacobson stated he talked to City Administrator Dickinson and he communicated with the person involved and agreed to include the photographs in the record of what she presented but he thought the rest of what is in the record was correct as stated. He did not think they needed to reopen the minutes that were approved. He thought they needed to fix the spelling of her name and insert the photos in the record to make it complete and suggested they do not reconsider the minutes. Mayor Gamache asked if the Councilmembers who were at the meeting and approved the minutes thought the minutes needed to be looked at again. Councilmembers Bukkila and Knight felt the issue was correct as approved. Motion by Jacobson, Seconded by Knight, to approve the minutes as presented. Motion carried 3 ayes, 2 present ( Gamache, Trade). June 1, 2010, Closed Session Meeting: Correct as amended. Councilmember Trade stated on line 21, page 1, there is a sentence that states "what they agreed" and she believed "they" meant "City ". Mr. Dickinson indicated it should be staff. Councilmember Trade stated on page 22, line 17, there is a misspelling of a word and should read: "graded ". On line 21 there is an extra apostrophe in the middle of the sentence also. Motion by Jacobson, Seconded by Knight, to approve the minutes as indicated above. Motion carried 3 ayes, 2 present ( Gamache, Trade). CONSENT ITEMS Item 2 Approval of Claims Item 4 Approve No Parking Resolution/148th Lane NW (See Resolution R047 -10) February 2011 Dear Andover Mayor and Council Members, The following residents would like to ask that parking in Pinewood Estates on 148`h Lane NW, be reinstated on the south side of the street. The safety of ALL the children in Pinewood Estates is why most residents pick their children up on 148`h Lane NW. The concerns on this side of the argument are as follows: • Pinewood Estates is a short cut for the Andover High School students to avoid the stop light at Hanson Blvd. and Andover Blvd. Thus, driving through Pinewood Estates at high speeds while the young children are walking home. • Parking on the south side of the street would allow all vehicles to face the same way (facing East) and then exit the same way down the street. • South side parking would not block the visibility of the path. • South side parking would allow the children to walk or ride their bikes down the path and onto the street without darting between parked vehicles. • South side parking would allow parking for the 148`h Lane NW residents and their customers, if they should participate in the Andover city supported garage sale. • South side parking would eliminate any type of "airport circling" that is and may continue to occur. • South side parking would allow the residents of 148`" Lane NW and their family and friends to park legally on holidays that land on weekdays. IE: Thanksgiving, Christmas, etc. Thank you for considering our request. Please let us know which meeting this will be discussed at. Dan J -- atti Stay 1668-146"' Avenue NW 763 - 767 -2760 ►; _ Q z _ J L co ei O N L 3 O N L _ O CL ifs ea IA CL O L CL 1 m N W go 3 as a 1 h r6 h K1- a " r y 3 O af W L v _ N ca E1vn\ m z � � oc 1 d c 2 O c ca J s 0 et O a, N s 3 O N GJ s a+ C O Y L C. O m H O C. 0 L. IL 4A 4) IA N W .a O a F r, v 1 J � s L V Q 3 Z G7 _ t 0 RT 0 a, Vf t 3 N d t w _ O Y L m a O 4a OR VA Q. O L a IA O 00 m ++ IA W M O 0) a C � V q u Qs 4 t ti Oft � can J b 3 2 -a N V j :y v a Z , Obi � d S L _ to t%f Ca VN Ic �'I S LAW C � V q u El z AtA= 4.0 co 4e pq 4- 0 l'� 02 0 o. .be 0 44 Ora 0 CL 0 L. CL ui "a 0 0 IV bo of M CA (U N-71 E m G2 00 O a� -ca c G a� J s co O d .a N L 3 (A L O Y L m M O N O M O L a H m H W 3 a, c ..1 s \D v V �r cJ T�( L 'a r J i J r Q `-Y L 3 � 00 N ca 0 G; z a� a� a Thursday October 7, 2010 9:00 am Dish Network truck parked between "no parking" signs. Truck was still there at 10:21 am. This truck was working on 1735 —148`h Lane NW. The residents of 1735 —148`h Lane initiated the petition for no parking and are 1 of the 7 signatures. j ! r ` 7 ,.id d _ � f sn�x�.� .v»x� _.: `z[ r..,3'�r�i*• -_ - ..^, .�a-i -. .,. �c. ti�>• - k .�.__ Monday February 7, 2011 3:40 pm Black car pulls up at approximately 3:40 pm and parks between "no parking" signs in front of 1735 — 148`" Lane NW, driver gets out of car and enters this residence. The car was still parked in the same spot at 5:19pm. The residents of 1735 —148' Lane initiated the petition for no parking and are 1 of the 7 signatures. Andover City Council Workshop Meeting Minutes — February 22, 2011 Page 4 Councilmember Bukkila asked how much did blacktop roads cost versus gravel roads. Mr. Berkowitz stated with a gravel road, it cost approximately $5,000 per mile. He would need to breakdown and amortize the costs for maintenance for blacktop roads as he did not have that information. Mr. Dickinson noted certain segments of gravel roads made sense to pave while other gravel roads do not make sense to pave. Councilmember Bukkila stated she is not sure she wanted a 50150 percent policy for gravel roads and wondered if paving the gravel road is worthwhile for the City as a whole. Councilmember Jacobson stated if paving a gravel road is not worthwhile for the City it could be rejected at the Council level. Mr. Berkowitz suggested to include a policy on gravel roads and update the assessment policy for approval by the Council. Councilmember Bukkila stated she wanted some more numbers on maintenance. Mayor Gamache stated the policy should be approved before any letters go out by Mr. Berkowitz. OTHER DISCUSSION: 1481h Lane NW Mr. Berkowitz stated he wanted to discuss no parking on 148th Lane. He stated the City had received a petition from people who did not live directly on the road signed, but lived in a neighborhood that wanted to reinstate parking on the south side of 148th Lane to allow picking up and dropping off of their children from Andover Elementary School. Mayor Gamache asked if there is a pick -up area on the school property. Mr. Berkowitz responded there is a pick -up area, but it is crowded and that was a concern. Councilmember Bukkila asked if he had heard from the original petitioners. Mr. Berkowitz responded he has heard that they needed more reinforcement of the no parking as this is still an issue. Councilmember Jacobson stated they could change the parking restriction to state the cars could be parked there between certain times as long as they are in the car. Mr. Berkowitz responded the cars are asked to move out of the area by the Sheriff. Mr. Berkowitz stated he had never had a petition from someone not directly affected by the no parking. He asked if this should be brought to Council with both sides notified. Andover City Council Workshop Meeting Minutes — February 22, 2011 Page S Mayor Gamache stated he wants fiuther information from the school as to what they are requesting of the parents picking up their children and how the information is sent out to the parents. Councilmember Knight believed it is a flow and time issue. He stated the school should have some input into this as it is part of their problem. It was the Council's consensus to obtain more information from the school and bring this back to Council. Crosstown Drive Mr. Berkowitz stated the Crosstown Drive meeting went well. He stated one business owner is concerned about closing the intersection for a couple of months. He stated a few residents had concerns about the volume and the speed of traffic and the ability to tum into their driveways. Mr. Berkowitz stated that by eliminating the left movement from Crosstown Drive going north on Crosstown Boulevard would be a possible solution, but this would cause much inconvenience for the neighborhood to the northwest. They would have to go to Bunker Lake Boulevard and then u -turn at Crooked Lake Boulevard then back to the signal at Bunker Lake Boulevard and Crosstown Boulevard to go north. Councilmember Bukkila believed this would cause more problems and she did not believe it is a good solution. She stated one way streets are outside of the normal driving pattern in a rural setting. She stated this would cause a lot of confusion and would cause accidents. Councilmember Knight stated this would be confusing for people. Mayor Gamache stated the road would have to be closed during construction so people would be used to not taking the short cut. Mr. Berkowitz stated he had spoken with Jane Rose from Anoka County Highway, specifically about this segment of roadway. He stated Ms. Rose indicated the purpose of the road was to have a neighborhood setting and have the through traffic in the other area. He stated that had not occurred though. Mr. Dickinson noted the businesses would obviously not like the proposal. Mayor Gamache recommended a four -way stop be put in on Crosstown Drive, even if it was not warranted. He noted the road was designed for a neighborhood road, which would remove traffic. Mr. Berkowitz stated he could not recommend that as the traffic volumes are not high enough. He stated a four -way stop would not work for this area and there is a liability issue. Principal's Message It is February! It is I Love to Read Month, Black History Month and Valentine's Day. In the education world, each of these things changes some of the learning that we usually do and integrates some of these topics into our daily curriculum. Hopefully, your children are telling you of the different things that are happening in their days. The book that the entire school is reading this year is The Mouse and the Motorcycle by Beverly Cleary. We started reading this yesterday on the live broadcast. Many other activities are focused on I Love to Read Month. Some of the reading that our students will be doing will focus on the influence of different African- Americans on our nation, on music and the arts or in our every day lives. Then we have Valentine's Day. This is one of the days that we have parties or special field trips. Just think, a day to celebrate good things, good people, those we love. I hope that this is a great month for all of you! Mrs. Shea A.P.T.C.O. Meeting: Thursday, February 24 *6:30 %rn ( *please note new start time) Gr. K Extra -5 Parent - Teacher Conferences: February 9, 15, 17 EOD Kindergarten Parent - Teacher Conferences: February 9, 15, 17 & 18 *No School for Every- Other -Day Kindergarten on February 17 & 18th. Field Trins: K Extra — MN Children's Museum February 18 10:00 a.m. — 2:30 p.m. KSC, KJS, KDW Gr. 2 — Andover Lanes 9:30 —11:15 a.m. February l l 2KB, 2LM, 2SN, 2LV February 14 2KA, 2JB, 2JM, 2RT All Around Andover Elementary School Alice Shea, Principal 14950 Hanson Blvd. NW Andover, MN 55304 (763) 506 -1700 TDD (763) 506 -1719 February 2011 (Field Trips — con't.) Gr. 5 - Champlin Park Ice Arena February 14 11 :30 — 3:10 p.m. Muscle Week(s) in P.E. February 25 to March 10 *No School for all K -5 Students: Monday, February 21 President's Day *No School for EOD Kindergarten: Thursday, February 17 & Friday, February 18 In School Programs. Oak View Middle School Music Program February 4 1:35 p.m. Grade 5 To expose the 5' grade students to the music program at Oak View Middle School. Blaine Honor Choir Concert - Friday, February 11 Grade 5 11:30 a.m. Grade 4 12:-00 p.m. Parent Pick -Up Locations Andover Elementary has two locations where parents may pick -up their students at the end of the day. The first location is in our south cafeteria by door #7. Parents park their cars, enter the building at 3:30 and meet their child in the south cafeteria. The second location is at Sunshine Park. The students are walked out to the park by a teacher and the parent must come out of their car and pick up their child. The neighborhood adjacent to the school (near 148th Avenue) is NOT a location where students are to be picked up at the end of the day. A teacher does not walk out with students to this area, and therefore, we do not know if they have been picked up safely. Also, the amount of cars picking up their children in this area make it unsafe for the students walking. If you do parent pick -up and are picking your child up in this area. please make arrangements to nick un This document will be provided in alternative format within three days of receipt of request W _.%•p" z H NW cn It 22 JH AV 10 W cr R W Lu z 0 z —i 156TH LN NW ZI �T---' . .......... S.L� 156TH LN NW co < 0 (9 (— I z rD 164TH LN NW z 1 3R L A Anclovet Elementary walk boundary 60TH LN N 15 X L-iu - w� 01 \z ."MD b! 14 NOD W � '\� _Y�� .�A v� ST L T NW co L fvkv Vp 17 3;, VN ANN —A 16IoA t. LU 40 �c M W z < 14 TH NNW ir IIH , I 148TH LN IH AVE NW 14G1 I W . z LN NV� ANDOVE BLV QIA�� NV' ANDOVE BI 144TH VE NW ' z 1447 AVE NW m 1 3RD N 1i 2NLA� E NW W T-I A� 2�JD I - - LN -3 i i El a 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 + (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Discuss /Consider Approval of Connectivity Services Agreement with Community Anchor Institution(s) for Broadband Services at Co- location Service Site(s) DATE: April 19, 2011 INTRODUCTION Connect Anoka County is the county -led effort to increase the amount of fiber optic cable in Anoka County. The Connect Anoka County project has resulted in a partnership between Zayo Bandwidth, LLC and Anoka County. Through the partnership, Zayo Bandwidth applied for and received a National Telecommunications Information Administration (NTIA) grant paying 70 percent of the fiber construction cost and initial equipment. The grant project will construct an approximately 286 mile fiber network throughout Anoka County linking 145 governmental institutions. DISCUSSION The Connect Anoka County project is currently underway; in particular the environmental assessment is scheduled to be completed by spring 2011. Some connectivity service may be provided in 2011, but project completion will not be until 2012. Zayo Bandwidth is currently working with road authorities to acquire the appropriate permits. To date entities within Anoka County have only been asked for good -faith non binding commitments. Anoka County is in the process of securing written agreements with each entity that wishes to participate in the Connect Anoka County project. The original target date for those agreements was April 1, 2011, but with multiple entities and numerous questions to be answered, that date has been pushed out. Attached is the current version of the "Connectivity Services Agreement" the City of Andover is being requested to approve. At the meeting City Administration and the City Attorney will provide a brief presentation on our reviews of the attached documents the City Council is being asked to approve. ACTION REQUESTED Receive a brief presentation and consider approving the attached Connectivity Services Agreement. submitted, Dickinson P2 Connectivity Services Agreement With Community Anchor Institution(s) For Broadband Services At Co- location Service Site(s) This Agreement, entered into by and between: 1. COUNTY of Anoka (Anoka County), 2100 Third Avenue North, Anoka, Minnesota 55303; and 2. City of Andover, (Entity), 1685 Crosstown Blvd. NW, Andover, Minnesota, 55304. WHEREAS, ZAYO Bandwidth LLC (ZAYO) was recently awarded a grant from the National Telecommunications and Information Administration (NTIA) which is to be combined with matching funds from ZAYO and Anoka County to build a fiber optic network in Anoka County to provide high -speed broadband services to Community Anchor Institutions; and WHEREAS, Anoka County has recently entered into a Master Fiber Indefeasible Right of Use (IRU) Agreement and a Wholesale Master Service Agreement with ZAYO in order to facilitate the purposes of the grant obtained by ZAYO; and WHEREAS, Anoka County and ZAYO have identified multiple Community Anchor Institutions to be connected by the Core Backbone and Distribution Network which will comprise the fiber optic network; and WHEREAS, Anoka County desires to arrange for co- location service sites at various Community Anchor Institutions which have been identified for the purposes of building the fiber -optic network; and WHEREAS, Connectivity Services will become available to each of the Community Anchor Institutions at the co- location service sites as a result of the fiber - optic network built by Anoka County and ZAYO; and WHEREAS, the Community Anchor Institutions will have the option of accepting Connectivity Services initially, or allowing the equipment to be installed and reserving the acceptance of Connectivity Services until a later time; and WHEREAS, Entity is a community anchor institution which owns, leases, controls, rents or administers a designated co- location service site; and Final Agreement as of April 4, 2011 P3 WHEREAS, it is in the interest of Entity to work together with Anoka County to facilitate the construction of the ZAYO System in order to encourage the continued deployment and availability of advanced and reliable telecommunications capabilities in Anoka County and and access to such capabilities at affordable rates. NOW, THEREFORE, the parties hereto agree as follows: I. DEFINITIONS The parties agree to the following definitions for terms used in this Agreement: a) Community Anchor Institutions: quasi - government, government, educational and public safety institutions. b) Co- location service sites: designated physical sites located in various Community Anchor Institutions located in and around Anoka County. (See Attachment A.) c) ZAYO System: an integrated multi - cable, multi -ring fiber optic communication system comprised of cables and ducts, lateral connections, and the manholes and handholds locates therein, and related equipment required to provide Connectivity Services as provided through the NTIA grant. d) Connectivity Services: As described in Article V. e) Underlying Rights: all deeds, IRUs, (exclusive or non- exclusive) easements, licenses, grants, contracts and other rights, titles and interests to use real property of any third person, which are reasonably necessary for the construction, placement, location, installation, operation, use, IRU, rental, maintenance, repair or replacement by ZAYO or Anoka County, as the case may be, of the ZAYO System, Ducts, County Equipment, Cable or County Dark Fibers to the co- location sites. (See specific identified rights for this Community Anchor institution in attachment 1). f) IRU: Indefeasible Right of Use. g) Equipment: electronics, optronics, and other devices as necessary to deliver the Connectivity Services. h) Permitted use: Connectivity services shall only be . used by Community Anchor Institutions for quasi - governmental, governmental, educational or public safety purposes and shall not be used to directly or indirectly compete with ZAYO in the commercial markets. 2 Final Agreement as April 4, 2011 P4 i) ZAYO Staff: Employees, consultants, and other sub- contractors working under the direction of ZAYO to install and support the ZAYO System. II. SCOPE OF SERVICES A. Anoka County will provide, through its contract with ZAYO, Connectivity Services to Entity through the fiber optic network built by ZAYO. Once the fiber optic network is built and the system is installed in the various co- location service sites, Anoka County, through its agreement with ZAYO, its successors and /or assigns, will provide ongoing support for the provision of Connectivity Services to Entity. Only site locations identified with fee amounts on Attachment A will receive Connectivity Services. Any mutually agreed changes to Connectivity Services will require a modification to Attachment A pursuant to section XII. B. Entity shall provide space for a co- location service site where ZAYO, on behalf of Anoka County, can install equipment to be connected to the ZAYO system in order to build the Fiber Optic network. Entity shall provide Underlying Rights to the co- location site to ZAYO only pursuant to Minnesota Statutes Chapter 237 and local ordinances for the purpose of building the Fiber Optic network to the point of demarcation. C. Nothing in this agreement affects or limits Entity's cable franchising authority or other authority to manage and regulate ZAYO's use of public rights of way. III. COSTS AND COMPENSATION A. To the extent that Connectivity Services are used by Entity, Entity will pay Anoka County a monthly fee as detailed in Attachment A. Fees reflect the actual costs to provide the Connectivity Services. For entities receiving connectivity services, the initial fee is established at $75.00 per month per site for 100 mbps and $400.00 per month per site for 1 gbps. Fees will be periodically reviewed to reflect current costs, but will not be modified without the agreement of both parties. Initially the fees will primarily be used to pay the proportionate share of the county's match to the project. Once the 3 Final Agreement as April 4, 2011 P5 proportionate share of this match is recovered, it is expected the fee amount will decrease if other factors remain constant. Fees will be invoiced starting the month following when Connectivity Services begin. Entity will provide payment within 30 days of receipt of an invoice. Nonpayment shall be grounds for default. B. Entity shall not charge Anoka County, or ZAYO through Anoka County, for the Underlying Rights in the co- location site used by Anoka County and ZAYO to build the Fiber Optic Network. Additionally, Entity shall not charge rent, access fees, lease payments, or any other fee to Anoka County or ZAYO for the co- location space provided for the installation and housing of Equipment provided for connectivity service for Entity. IV. PHYSICAL ACCESS TO CO- LOCATION SITE A. Entity shall provide co- location space at co- location service sites indicated on Attachment A where ZAYO, on behalf of Anoka County, can install Equipment to provide services. Security shall be maintained at the site as indicated in Attachment B. Entity shall provide adequate power and temperature control as may be further detailed on the service order Attachment B. Entity shall provide all Underlying Rights and rights of access necessary for ZAYO to enter the premises and to construct and maintain fiber connections across the co- location service site whether the site is owned, leased, rented or administered by Entity. B. ZAYO, on behalf of Anoka County, shall provide, install, maintain, repair, operate and control its Equipment, as necessary. Unless specifically provided in Attachment A, there shall be no cost to Entity for the purchase and/ or installation of the ZAYO Equipment. Any ZAYO Equipment shall be maintained and replaced at no expense to Entity until the earlier of August 17, 2017, or this contract is otherwise terminated. Thereafter, if the ZAYO Equipment deteriorates, or no longer supports the provisioning of services, Entity agrees that it shall pay the prorata costs incurred in the replacement of such ZAYO Equipment. 4 Final Agreement as April 4, 2011 C. ZAYO, through Anoka County, may request permission to place additional ZAYO Equipment at the co- location service site indentified in Attachment A to solely service commercial customers. If Entity elects to allow such installation for commercial service at the co- location service site, ZAYO shall pay to Entity $250 per month for the first device, and $100 per month for each additional device. No co- location fees will apply if ZAYO Equipment used to provide services to Entity and to Anoka County if such ZAYO Equipment is also used to serve a commercial customer. D. The ZAYO Equipment shall remain the sole and exclusive property of ZAYO, and nothing contained herein shall give or convey to Entity any right, title or interest whatsoever in the ZAYO Equipment. The ZAYO Equipment shall remain personal property, notwithstanding that it may be or become attached to, or embedded in, realty. The ZAYO Equipment shall not be considered a fixture of that real property. Neither Anoka County nor Entity shall tamper with, remove or conceal any identifying plates, tags, or labels identifying ZAYO's ownership interest in the ZAYO Equipment. E. Equipment and service beyond the point of demarcation and /or interconnection between ZAYO's facilities and Entity terminal Equipment and the wiring at the point of demarcation shall be the responsibility of the Entity. F. Entity shall provide access to ZAYO on behalf of Anoka County to provide services for purposes of installation, maintenance and repair of ZAYO Equipment. ZAYO, on behalf of Anoka County, shall restrict access to the co- location site space to authorized ZAYO staff. ZAYO staff shall abide by any physical security requirements provided to ZAYO in writing. ZAYO shall make reasonable attempts to provide at least two days notice prior to entering the co- location site to install, maintain, or repair any of the ZAYO Equipment. If it is not reasonably possible to provide such notice, or in an emergency, ZAYO shall provide notice as soon as practicable, but in all events prior to entering the co- location site. See Attachments B and D. G. If Entity provides its own Equipment, Anoka County, or ZAYO on Anoka County's behalf, shall have no obligation to install maintain or repair the Equipment. If, on responding to an Entity initiated service call, Anoka County, ZAYO and Entity jointly 5 Final Agreement as April 4, 2011 P7 determine that the cause of the service delinquency was a failure, malfunction or the inadequacy of Entity's Equipment, Entity shall compensate Anoka County /ZAYO for ZAYO's actual time and materials expended during the service call. H. Neither party shall adjust, align, attempt to repair, relocate or remove the other party's Equipment, or ZAYO's Equipment, except as expressly authorized in writing by the other party or ZAYO. I. Prior to any installation of the ZAYO System, ZAYO will submit to Entity entrance and construction plans specifying the location, construction and method of installation related to the System. Entity shall respond to the plans with any objections as soon as reasonably possible, but in any event no later than 60 days. Entity shall immediately provide notice to ZAYO of known asbestos or other hazardous substances, pollutants or contaminants as defined by the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), Title 42, U.S. Code, or similar state or federal law. J. Entity shall provide to Anoka County 24 -hour contact information for the purpose of gaining co- location service site access. This information shall be used for both business hour and non - business hour services access. Entity will review and update the information provided as needed, but at least on an annual basis. See Attachment D. K. Entity shall not arbitrarily or capriciously require ZAYO to relocate ZAYO Equipment. However, upon ninety (90) days written notice, or, in the event of any emergency, Entity may require ZAYO to relocate co- located ZAYO Equipment; provided, however, the site of relocations shall afford comparable environmental conditions for the ZAYO Equipment and a comparable accessibility to the ZAYO Equipment. V. CONNECTIVITY SERVICE LEVEL REQUIREMENTS 6 Final Agreement as April 4, 2011 on LELM A. Anoka County, through its agreement with ZAYO, shall provide Connectivity Services to Entity at the capacity level indicated in Attachment A. Any upgrades to service will be dependent on costs of Equipment, fees to ZAYO, capacity limitations of the network, and other relevant factors. Entity recognizes that the network has a total bandwidth of 10gbps on the core ring and 1gbps on distribution rings and distribution laterals. This total capacity is shared among other Community Anchor Institutions which are part of this project. Entity agrees to work with Anoka County to manage bandwidth and equitably resolve capacity issues on the network. B. Dark fibers will be installed at each co- location service site as indicated in Attachment A. These dark fibers will be terminated at the site and are reserved for future use. This agreement neither contemplates nor conveys to Entity present or future rights to the use of the dark fiber. Any future use will be by a separate agreement and at an additional cost. C. Entity may use the network only to provide service to itself, and agencies and departments of the Entity in keeping with the Permitted Uses of this Agreement. D. Transport Availability: The transport services being provided will meet or exceed 99.999% network availability for protected optical service, 99.99% for protected TDM based services such as DS3s and DS1s and 99.9% for unprotected services as measured on a monthly basis. If Network Availability is below the percentage above in two out of the three preceding calendar months not due to an Excused Outage, the same shall constitute an event of default hereunder. E. Ethernet Availability:. The Ethernet Services being provided will meet or exceed 99.9% network availability for unprotected service and 99,95% for protected service as measured on a monthly basis. If Network Availability is below 99.9% for unprotected circuits and 99.95% for protected circuits in two out of the three preceding calendar months not due to an Excused Outage, the same shall constitute an event of default hereunder. 7 Final Agreement as April 4, 2011 .. F. Mean Time To Repair (MTTR): ZAYO's MTTR will be four hours for protected services and eight hours for unprotected services as measured on a monthly basis for outages of the services provided or any part of the services provided; for example an individual DS3 or group of DS3s. If ZAYO's MTTR for all protected services is greater than four hours in two out of the three preceding months not due to a Force Majeure Event such occurrence shall constitute an Event of Default on the part of ZAYO, on behalf of Anoka County, for the affected circuit. VI. TERM This Agreement will be for a period commencing on the date of signing by both parties, and continuing until August 16, 2015 (Initial Term), with up to a total of three (3) renewal periods of additional five (5) years terms (Renewal Terms) upon written amendment. Both parties shall provide written notice of intent to renew this agreement not less than one hundred eighty days (180) before the end of the Initial Term or Renewal Term. For purposes of this agreement, written notices shall be sent to the addresses of each of the Parties as indicated above. Upon the termination or expiration of this Agreement, Anoka County shall have no further obligation to provide Services and no further liability to Entity. Upon termination or expiration of this agreement, ZAYO shall be provided a reasonable opportunity to retrieve its equipment from the co- location service site(s). At the request of the entity, ZAYO will remove equipment from individual terminated co- location sites within a mutually agreed time not to exceed 180 days. Upon termination of Entity's connectivity service from a co- location site, without terminating this entire agreement, ZAYO, at the request of the entity, shall remove its equipment from said co- location site within a mutually agreed time not to exceed 180 days and any underlying rights for that co- location site shall terminate with the removal without further action or notice by any party. Any underlying rights granted by the Entity under this Agreement shall terminate or expire with the Agreement without need for further action or notice by any party. VII. INDEMNIFICATION 8 Final Agreement as April 4, 2011 . 1 To the extent permitted by law, each party shall indemnify, defend and hold harmless the other party, it's commissioners, council members, school board members, superintendents, directors, officers, employees and agents, successors and assigns, from all damages, costs, expenses and liabilities, including reasonable attorney's fees and disbursements, sustained in any action commenced by any third party in connection with the indemnifying party's performance of its obligations and duties under this Agreement except those damages, costs, expenses, and liabilities arising from the negligence or willful misconduct of the other party. The indemnified party shall promptly notify the other party in writing of any such law suit or claim. Under no circumstances shall a party be required to pay on behalf of itself and other parties, any amounts in excess of the limits on liability established in Minnesota Statutes, Chapter 466, or any similar statutory limits on tort liability. VIII. INSURANCE During the Initial Term, and during each renewal term, each party shall obtain and maintain not less than the insurance set forth in Attachment C. IX. LIABILITY AND LIMITATIONS OF LIABILITY A. Entity shall be liable for any loss of or damage to the ZAYO Equipment at the co- location site caused by Entity's negligence, intentional acts, willful misconduct or unauthorized maintenance subject to statutory limits. Entity shall reimburse Anoka County on behalf of ZAYO for the reasonable cost of repair of the ZAYO Equipment, or the replacement thereof, within thirty (30) days after receipt by Entity of a written request for reimbursement. B. Anoka County shall be liable for any loss of or damage to Entity's equipment caused by Anoka County or ZAYO's negligence, intentional act, willful misconduct or unauthorized maintenance. Anoka County shall reimburse Entity for the reasonable cost of repair of the equipment, or the replacement thereof, within thirty (30) days after a written request for reimbursement and ZAYO has reimbursed Anoka 9 Final Agreement as April 4, 2011 P11 County for the loss or damage pursuant to Anoka County's Agreement with ZAYO. Anoka will make reasonable effort to pursue reimbursement on the Entity's behalf. C. Anoka County shall not be liable for delays in installation, commencement or restoration of the service; for any temporary or permanent cessation of service; for errors, malfunctions, delays or defects in transmission of the service; for loss or damage occasioned by a Force Majeure Event. Anoka County's liability for any and all causes and claims whether based in contract, warranty, negligence or otherwise shall in no event exceed: 1) an amount equivalent to the proportionate charge by Anoka County to Entity for the period of service affected, or 2) if applicable, the replacement value of any Entity equipment which is lost or damaged as a result of Anoka County's gross negligence or willful misconduct. D. ANOKA COUNTY NEITHER ASSUMES NOR MAKES ANY WARRANTY, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE AS TO THE DESCRIPTION, QUALITY, MERCHANTIBILITY, COMPLETENESS OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OF THE SERVICE, LOCAL ACCESS OR ANY OTHER MATTER, EXCEPT AS SET FORTH IN THIS AGREEMENT. SUCH WARRANTIES ARE HEREBY EXCLUDED AND DISCLAIMED. X. FORCE MAJEURE Neither party individually and Anoka County on behalf of ZAYO shall be liable for any failure of performance hereunder due to causes beyond its reasonable control including, but not limited to acts of God, fire, explosion, vandalism, cable cut, flood, storm, or other similar catastrophe, any law, order, regulation, direction, action or request of the government, or any department, agency, commission, court, or bureau of a government, or any civil or military authority, national emergency, insurrection, riot, war, strike, lockout, or work stoppage (each a "Force Majeure event "). The party claiming relief under this section shall notify the other party of the occurrence or existence of the Force Majeure event and of the termination of such event. In the event Anoka County through ZAYO is unable to deliver services as a result of a Force Majeure event which precludes ZAYO from performing, the other party shall not be 10 Final Agreement as April 4, 2011 P12 obligated to pay for the services so affected for as long as ZAYO is unable to deliver the Services. XI. COMPLIANCE WITH LAWS In providing all services pursuant to this Agreement, the parties shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this Agreement and shall entitle the Parties to terminate this Agreement immediately upon delivery of written notice of termination. XII. MODIFICATIONS Any material alterations, modifications, amendments, or variations of the terms of this Agreement shall be valid and enforceable only when they have been reduced to writing as an amendment and signed by the parties. XIII. DATA PRIVACY In collecting, storing, using and disseminating data on individuals in the course of providing services hereunder, the parties agree to abide by all pertinent state and federal statutes, rules and regulations covering data privacy, including, but not limited to, the Minnesota Government Data Practices Act and all rules promulgated pursuant thereto by the Commissioner of the Department of Administration. All data created, collected, received, stored, used, maintained, or disseminated by the parties in performing this Agreement is also subject to the provisions of Minn. Stat. § 13 et. seq. (the Minnesota Government Data Practices Act) and, pursuant to that statute, the parties must comply with the requirements of that statute. All remedies set forth in Minn. Stat. § 13.08 shall also apply to the parties. 11 Final Agreement as April 4, 2011 P13 XIV. EARLY TERMINATION This Agreement may be terminated in entirety by either party at any time, with or without cause, upon One Hundred Eighty (180) days written notice delivered by mail or in person. If notices are delivered by mail, they shall be effective two days after mailing. Termination of an Entity's connectivity service, and obligation to pay therefore, may be terminated on sixty (60) days written notice, as provided for in this agreement. XV. DEFAULT AND REMEDY A. Default by Entity: Entity is in default of the agreement if Entity: 1) is more than 15 days past due in paying for services as agreed in this Agreement, or any invoice pursuant to its terms, excluding those amounts which Entity has notified Anoka County as reasonably being in dispute; or 2) materially fails to observe or perform any non - monetary obligation or covenant hereunder; or 3) files or initiates proceedings or has proceedings filed or initiated against it, seeking liquidation, reorganization or other relief(such as the appointment of a trustee, receiver, liquidator, custodian or such other official) under any bankruptcy, insolvency or similar law; or 4) violates the permitted uses. In the event of default by Entity, notification of Default shall be sent to the address provided below in Section XVI. Entity shall have five days to cure a monetary breach, or thirty days to cure a non - monetary breach. If the Default remains uncured, Anoka County may suspend services until Entity remedies the Default, terminate or suspend services under this agreement and /or the applicable services being provided under the service order. If Anoka County terminates this Agreement pursuant to this article of the Agreement, Anoka County shall have the right to seek full payment for amounts due for services rendered prior to the date of termination. B. Anoka County shall be in default under this Agreement if it: 12 Final Agreement as April 4, 2011 P14 1) fails to arrange for ZAYO to provide the services in accordance with the Service Order (see Exhibit E) or otherwise fails to cure any breach of the Agreement after receiving written notice of default from Entity; or 2) defaults on its agreement with ZAYO and does not cure said default within five days for a monetary breach or thirty days of a non- monetary breach of that agreement: or 3) fails to notify Entity of default by ZAYO within five days of said Default, or fails to notify Entity that ZAYO has alleged that Anoka County is in Default, within five days of receipt of notification from ZAYO. Notification of Default by Anoka County shall be. sent to the address provided below in Section XVI. Anoka County shall have five days to cure a monetary breach and thirty days to cure a non - monetary breach of the agreement. If Anoka County is caused to be in default of this agreement by the breach of ZAYO, Anoka County shall notify ZAYO in writing and allow ZAYO thirty days to cure, or such longer period of time as may be reasonably necessary to cure as long as the cure is initiated and diligently pursued within such thirty days or provide notice of a dispute about the existence such default. However, Entity and Anoka County may terminate this agreement upon written notice if ZAYO causes Anoka County to default by not meeting the terms of Article V. CONNECTIVITY SERVICE LEVEL REQUIREMENTS as noted above. XVI. NOTICES Notices shall be sent to the parties at the following: Anoka County Information Technology Director Anoka County Government Center Information Technology Department 2100 Third Avenue North Ste. 300 Anoka, Minnesota 55303 13 Final Agreement as April 4, 2011 P15 Entity: City of Andover City Administrator 1685 Crosstown Blvd. NW Andover, Minnesota 55304 XVII. AFFIRMATIVE ACTION In accordance with Anoka County's Affirmative Action Policy and the County Commissioners' policies against discrimination, no person shall illegally be excluded from full -time employment rights in, be denied the benefits of, or be otherwise subjected to discrimination in the program which is the subject of this Agreement on the basis of race, creed, color, sex, sexual orientation, marital status, public assistance status, age, disability, or national origin. XVIII. SURVIVAL OF REPRESENTATIONS AND WARRANTIES. The representations, warranties, covenants, and agreements of the parties under this Agreement, and the remedies of either party for the breach of such representations, warranties, covenants, and agreement by the other party shall survive the execution and term of this Agreement. XIX. WAIVER. The waiver of any of the rights and /or remedies arising under the terms of the Agreement on any one occasion by any party hereto shall not constitute a waiver of any rights or remedies in respect to any subsequent breach or default of the terms of the Agreement. The rights and remedies provided or referred to under the terms of the Agreement are cumulative and not mutually exclusive. 14 Final Agreement as April 4, 2011 P16 XX. GOVERNING LAW. This Agreement shall be interpreted and construed according to the laws of the State of Minnesota, excluding the State of Minnesota's choice of law provisions. Jurisdiction and venue shall reside in the County of Anoka, Minnesota. XXI. SEVERABILITY. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement. XXII. NO RIGHTS OF THIRD PARTIES. Except for specific provisions as related to ZAYO acting through the auspices of Anoka County, nothing in this Agreement is intended to confer any rights or remedies on other than the parties to the Agreement 15 Final Agreement as April 4, 2011 P17 XXIII. ATTACHMENTS AND EXHIBITS. The following Exhibits are attached to this agreement and are incorporated into this agreement by reference: Attachment A: Capacity and costs for each co- location service site Attachment B: Co- location service site requirements Attachment C: Insurance Requirements Attachment D: Building Access Contact Information Attachment E: Service Order Form Attachment F: Frequently Asked Questions (FAQ) Attachment I: Identification of Underlying Rights. The following Attachments are included for reference in this agreement and are informational exhibits, but do not confer any rights onto the Entity unless also specifically included in this agreement: Attachment G: Wholesale Master Service Agreement, Anoka County Contract #2010 -0239 Attachment H: Master Fiber IRU by and between ZAYO BANDWIDTH, LLC and Anoka County, Minnesota dated August 17, 2010 (this exhibit does not include 20 pages of photographic exhibits which are included in the original, and are available to Entities on request.) XXIV. AUDIT, DISCLOSURE AND RETENTION OF RECORDS Both parties agree to make available to duly authorized representatives of the other and of the State of Minnesota, for the purpose of audit examination pursuant to Minn. Stat. § 16C.05, any books, documents, papers, and records of the party that are pertinent to the provision of services hereunder. Both parties further agree to maintain all such required records for six (6) years after receipt of final payment and the closing of all other related matters. XXV. INDEPENDENT CONTRACTOR A. Anoka County has entered into a separate contract with ZAYO for the construction of the ZAYO system /fiber optic network. See informational Exhibits G and H. ZAYO remains an independent contractor, however, and neither that agreement nor 16 Final Agreement as April 4, 2011 this one creates a partnership, joint venture or agency relationship between Zayo or the County. Anoka County has no authority to bind ZAYO beyond the obligations and responsibilities of those contracts. B. It is agreed by the parties that at all times and for all purposes hereunder, the relationship of the County to the Entity is that of an independent contractor and not an employee or agent of the Entity. C. It is agreed by the parties that at all times and for all purposes hereunder, the relationship of the Entity to the County is that of an independent contractor and not an employee or agent of the County XXVI. ENTIRE AGREEMENT It is understood and agreed by the parties that the entire agreements of the parties is contained herein and that 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 Anoka County and Entity relating to the subject matter hereof. The parties hereto revoke any prior oral or written agreement between themselves and hereby agree that this Agreement is the only and complete agreement regarding the subject hereof. IN WITNESS WHEREOF, the Parties do hereby authorize the adoption of this agreement and do set their hands. ANOKA COUNTY By: Rhonda Sivarajah, Chair County Board of Commissioners Dated: 17 Final Agreement as April 4, 2011 ANDOVER, MINNESOTA Mike Gamache, Mayor Dated: M ATTEST Bv: Terry L. Johnson County Administrator Dated: APPROVED AS TO FORM Bv: Kathryn M. Timm Assistant County Attorney Dated: 18 Final Agreement as April 4, 2011 ATTEST Jim Dickinson City Administrator Dated: APPROVED AS TO FORM Scott Baumgartner City Attorney Dated: P19 P20 Attachments Attachment A: Capacity and costs for each co- location service site Attachment B: Co- location service site requirements Attachment C: Insurance Requirements Attachment D: Building Access Contact Information Attachment E: Service Order Form Attachment F: Frequently Asked Questions (FAQ) Attachment G: Wholesale Master Service Agreement, Anoka County Contract #2010 -02391 Attachment H: Master Fiber IRU by and between ZAYO BANDWIDTH, LLC and Anoka County, Minnesota dated August 17, 2010 (this exhibit does not include 20 pages of photographic exhibits which are included in the original, and are available to Entities on request.) Attachment I: Identification of Underlying Rights. 1 Note Bene, the MSA has two attachments which will be amended, but have not been so at the time of this writing. The list of 145 co- location sites has been altered since the MSA was signed on August 17, 2010. Once the final sites are approved by the NTIA, this attachment will be amended. Additionally, there is an attachment which details minimum power requirements at the co- locations site of 48 volts DC. The County and Zayo verbally agreed that these requirements will be changed to standard 110 AC. This verbal agreement has not been reduced to writing as of the date of this writing, but is expected shortly. 19 Final Agreement as April 4, 2011 P21 Attachment A Capacity and Costs for Co- location Sites 1. Entity Name: Andover, MINNESOTA 2. Entity Contact Information: Principal Contact: Name: Jim Dickinson Position: City Administrator Office Phone: (763) 767 -5110 Cell Phone: ( ) Home Phone: ( ) Pager: ( ) Email: I.dickinson @andovermn.gov Secondary Contact: Name: Scott Allen Position: IT Coordinator Office Phone: 1763) 767 -5148 Cell Phone: �) Home Phone: L) Pager: ( ) Email: s.allen@andovermn.gov Billing Contact: Name: Lee Brezinka Position: Finance Manager Office Phone: (763)767 -5115 Cell Phone: ( ) Home Phone: (_) Pager: ( ) Email: I.brezinka @andover_mn.gov 20 Final Agreement as April 4, 2011 P22 3. Following are the site locations included for equipment co- location: Site # Location Address City Service Monthly Capacity Costs 8 Andover Fire Station 1 13875 Crosstown Blvd. NW Andover lo0m $75.00 9 Water Tower #1 14055 Rose St. NW Andover loom ** 10 Andover Fire Station 2 16603 Valley Dr. NW. Andover loom $75.00 11 Andover Fire Station 3 15929 Crosstown Blvd. NW Andover loom $75.00 12 Andover City Hall 1685 Crosstown Blvd. NW Andover loom $75.00 13 Water Tower #2 1717 Crosstown Blvd. NW Andover loom ** TOTAL $300.00 ** Site #9 (Water Tower #1) & Site #13 (Water Tower #2) will not initially have service, but are still co- location sites. 21 Final Agreement as April 4, 2011 P23 Attachment B Co- Location Service Site requirements A. Security Requirements. Entity shall provide best practices physical security to the co- location service site in the form of traditional lock service, key card, numeric access code, or electronic security system equal to that which Entity provides for its own assets. Keys, key cards, numeric access codes and the electronic security systems shall be maintained according to industry standards. Entity shall take all reasonable precautions to ensure the integrity of the security of the co- location service site. Anoka County shall make reasonable efforts to ensure that its employees and agents, including ZAYO, follow all written instructions at the co- location site as provided by the Entity. B. Temperature and Environmental Control Requirements. Space provided to ZAYO for the housing of the ZAYO system and equipment in the co- location service site shall meet industry standards for temperature controls, humidity, lighting, and protection from power surges and outages. Entity shall ensure that the co- location service site temperature remains in a constant range between 68 °F and 83 °F, and humidity remains in a constant range of 40 % - -60 %. Entity shall use best efforts to implement a protection plan ensuring that the ZAYO System remains functional in the event of a power outage or similar emergency. C. Environmental Space Requirements. Entity shall provide sufficient cubic space for the installation of the ZAYO system and equipment in a secure area. ZAYO shall provide the space specifications for each co- location service site directly to Entity. Entity shall ensure that the space provided to ZAYO for the installation of the ZAYO System and equipment will also include sufficient space for ZAYO to access the equipment for repairs, maintenance and upgrades. The space will be convenient to the demarcation point, and will include any necessary space to install cable, conduit, fiber, and or circuitry from the demarcation point to the equipment. 22 Final Agreement as April 4, 2011 P24 Attachment C Insurance Requirements Insurance Limits. During the Term, each party shall obtain and maintain not less than the insurance set forth below: Worker's Compensation: Statutory limits. Automobile Liability Insurance: Such policy coverage will include coverage for all vehicles owned, hired, non - hired, non - owned and borrowed by the party in the performance of the obligations covered under this agreement: Combined single limit: $1,000,000.00 Commercial General Liability and /or Umbrella Liability: All liability insurance must meet the requirements of Minn. Stat § 466.04 subdivision 1 (a) (3) or $500,000.00, minimum liability for claims of death by wrongful act or omission and $500,000.00 to any claimant in any other case, whichever is greater. All liability insurance must meet the requirements of Minn. Stat. § 466.04 Subdivision 1 (a) (7) or $1,500,000.00 minimum liability for any number of claims arising out of a single occurrence, whichever is greater. All umbrella insurance must meet the requirements of Minn. Stat. §466.04 Subd. 1(a) (8). Umbrella insurance coverage must be on a "follow- form" basis. The above limits may be satisfied using a combination of primary and excess coverage, self insurance as provided by Minn. Stat. § 471.981. Each Party shall obtain and maintain the insurance policies required above with insurance and /or reinsurance companies authorized to insure risks in Minnesota. With the exception of Worker's Compensation, each party, its Affiliates, and their officers, directors and employees and any other person entitled to indemnification hereunder, shall be named as additional insured to the extent of such indemnification. Each Party shall provide the other party with a certificate of insurance showing that the party has complied with the insurance requirements of this Attachment. Each insurance policy shall contain a provision providing such other party with thirty days advanced notice of any cancellation or material change in coverage at which time such party will notify the other party immediately of such cancellation or material change in coverage. Deductible/ Self Insured Retentions: All proof of insurance shall clearly set forth deductible or self insured retentions. Each Party shall be responsible for its deductible and /or self insured retentions. 23 Final Agreement as April 4, 2011 P25 Attachment D Building Access Contact Information Entity shall provide 24 hour, seven day a week access to ZAYO for the ZAYO System equipment housed in the Co- location service site for the purposes of maintenance, service, upgrade and repairs of the equipment and system. Such access will include the name and contact information of co- location site key - holder for business and non - business hour access. All access shall comply with written instructions provided to ZAYO and County (see section IV.F). Please provide contacts below. Business Hour Contact(s) — List contacts in the order you would like them to be called. Provide a minimum of 2 contacts (you may provide as many as you would like). Name: Position: Office Phone: Cell Phone: Home Phone: Pager: Email: Contact #1 IT Coordinator ( 763 ) 767 -5148 overmn. 24 Final Agreement as April 4, 2011 Contact #2 Name: Lee Brezinka Position: Finance Manager Office Phone: 763 ) 767 -5115 Cell Phone: Home Phone: ( ) Pager: ( ) Email: I.brezinka@andovermn.gov Contact #3 Name: Position: Office Phone: ( ) Cell Phone: Home Phone: ( ) Pager: ( ) Email: 24 Final Agreement as April 4, 2011 P26 Non - Business Hour Contact(s) — List contacts in the order you would like them to be called. These contacts should have keys for building access to the co- location equipment area and be available after hours. Select people you would like called in case of such emergencies as equipment failures, fiber hits, storm damage, emergency locates, etc. Provide a minimum of 2 contacts (you may provide as many as you would like). Contact #1 Name: To be determined - Will be forwarded at later date. Position: Office Phone: Cell Phone: Home Phone: Pager: Email: Name: Contact #2 To be determined — Will be forwarded at a later date. Position: Office Phone: Cell Phone: Home Phone: Pager: Email: Name: Contact #3 Position: Office Phone: Cell Phone: Home Phone: Pager: Email: Updates may be submitted to Anoka County IS at address provided in the Notices Section. 25 Final Agreement as April 4, 2011 P27 EXHIBIT E EXAMPLE SERVICE ORDER FORM Page 1 of 2 T" Service Order Form BAND' 10TH AccauntKame TestAoeounl Billing Amount ID CusAamer Name Vies Kinney Zap Pan htaure Product F&M Prwte Une care -wwctk Flh% Palo Ohwahy Yes Representative Phow Number (303) 3811,23237 Phone Number EmOAddress wkimmeyonyoccm Email Address pmoae9Z33!0.0cm Ngw Sewlice Omer - MISS CWdlact 09teCe Product 09111118 Protection 09ie11a• 3e�iceCrteflO 96873& Product F&M Prwte Une care -wwctk Flh% Palo Ohwahy Yes Ordsri}pe New Product Category Pdnito Pc" CoreNetWd(kPrd@ectlan Yea SeMwTenn M Bawatdh 083 Claerse Laterals =S6'R separation No MSA Felt CI"A0pllons 063 C- UtUWhanMEflaa Cudonw_r PO NA ,. Blia'O%J5�16 - _. On-N� Ndnddr c - a dv r Form expkesif Serhce ! ._ 01 MY A- location s0 Hudson St,1st R AIMR Z- location 401 N Broad S1, Suite 990 NerrYak. NY 19013 Phiadelphia, PA 19123 DRUM Prabcttnn Delano* OebM pmbc tors Qe1e w % _ -... &lydf%J Stv�rJ6 G+e} -N� Eialntlofl ,_- E36 -3 ,. Blia'O%J5�16 - _. On-N� Ndnddr L7u-3 tom) (COM) CFARMGIdBy Za)n CFAI�ed By. Zd)a 6��an � -.. Entrance SNgte CFALOMAM Zaya on WA - CFALowallon Zaya Oo-rb'_t total Fiber Path Yes Laval FberPafh Yes Weralty atvelslty .. Local rbatltmk FrofeC630 Yes �hn�art d Yes c - a dv r Form expkesif Serhce ! ._ 01 EXHIBIT E EXAMPLE SERVICE ORDER FORM Page 2 of 2 Son C6 order BD(a)= 040766 Cusbxmer Signattre: ZIP Slwu tre_ Printed Name: Prnred Name, Date: Date: rw Attachment F P29 Connect Anoka County Frequently Asked Questions 1. What is Connect Anoka County? Connect Anoka County is the county -led effort to increase the amount of fiber optic cable in the county. The Connect Anoka County project has resulted in a partnership between Zayo Bandwidth, LLC and Anoka County. Through the partnership, Zayo Bandwidth applied for and received a National Telecommunications Information Administration (NTIA) grant paying 70 percent of the fiber construction cost and initial equipment. The grant project will construct an approximately 286 mile fiber network throughout Anoka County linking 145 governmental institutions. 2. Who owns the fiber optic cable? The fiber optic cable that is installed as part of the grant will be owned by Zayo Bandwith. Zayo will provide the capacity services for the governmental network and separately offer connectivity services to the private sector. The grant will also provide dark fiber strands for Anoka County use. The right to use these dark strands is conveyed to the county through a fiber Indefeasible Right to Use (IRU), which is similar to a long -term lease. Should the county decide to use the dark fiber, equipment will need to be purchased and a monthly maintenance fee paid to Zayo. 3. What are the project costs and how are they paid? The total grant- funded project budget is $19.1 million. Seventy percent of the costs ($13.4 million) will be paid by the NTIA grant. The balance of the project ($5.7 million) will be paid equally by Zayo Bandwidth and Anoka County ($2.8 million each). The county intends to recoup a portion of the $2.8 million match by charging the anchor institutions a proportional share based on a per connection charge. 4. What services are offered? The project is only providing connectivity, meaning that any governmental institution will still need to have an Internet Service Provider (ISP). The county purchases its ISP service from the State of Minnesota, Office of Enterprise Technology (OET) and is in discussions with OET to expand ISP services to include cities that are a part of the project. If this option becomes available, Cities will be notified. 5. How were the 145 anchor institutions decided upon? The agreements between Anoka County and Zayo Bandwidth specify 145 governmental and quasi - governmental anchor institutions as a part of the grant project. The list was made by asking each jurisdiction to submit a list of facilities to include in the project. As the project developed, some sites were added and others dropped at the request of the entities. NTIA will need to approve all changes. 6. Can sites be added in the future? The agreements between Anoka County and Zayo Bandwidth limit the number of sites to 145. Any additional sites on the network will require a service request to Zayo Bandwidth. As additional governmental sites require fiber, each entity will need to conduct an analysis as to the most cost - effective way to serve the location. In some cases it may be possible to connect through one of the original 145 sites. In other cases it may be cost effective to have Zayo Bandwidth or another private company serve the facility. March 7, 2011 1 P30 7. What is the project schedule? The project is currently underway. The environmental assessment is scheduled to be completed by spring 2011. Some connectivity service may be provided in 2011, but project completion will not be until 2012. Zayo Bandwidth is also working with road authorities to acquire the appropriate permits. 8. What are the decisions needed by my entity and when? Thus far, entities have only been asked for good -faith non binding commitments. However, Anoka County will need to have written agreements in place with any entity that wishes to participate by April 1, 2011. Specifically, each jurisdiction will need to confirm the sites and the connection speed. 9. What are the costs to my entity? Anoka County will charge each entity that connects a monthly fee. Any fee charged will be included in the agreement. The proposed agreement establishes a fee of $75 /month for 100 mbps service, and $400 /month for 1gbps service. Cities that do not need service immediately can elect through the agreement to have equipment placed at their facility as part of the project and then establish service during the term of the agreement. The monthly fee will not be charged until service is established. To establish service at that time or make some other change for sites that have equipment, the entity and Anoka County will need to modify Attachment A of the agreement. 10. What do I do if a business in my community asks me about service? Zayo Group provides a full range of business products to the private sector. If you are interested in learning more, or getting information for business expos, chamber of commerce meetings, or specific businesses, the contact is Steve Kopp, Senior Account Manager, Zayo Enterprise Networks, at 952- 230 -4861 or steve kopp()-zayoenterprise.com, Web site www.zavo.com. 11. Who is Zayo and how were they selected for this project? Anoka County developed a Request for Proposal (RFP) seeking a partner for the Connect Anoka County project and to submit for an NTIA grant. The county received five proposals and, after review, selected Zayo Bandwidth. Zayo Bandwidth is a part of the Zayo Group which provides telecom and bandwidth infrastructure solutions that span over 153 markets and 30 states plus the District of Columbia including over 21,000 miles of fiber optic infrastructure. 12. Will each Entity be required to provide easements without cost to Anoka County and/or Zayo? Yes, it is contemplated that the easement will be provided without charge to get from the right of way to your facility across the private property of your facility. Entities retain authority to charge for building permits, franchises, etc. in the right of way. 13. Will physical access be required by Zayo? The agreement contemplates that there may be specific requirements that vary from location to location. Zayo must abide by your written security requirements. For example, if you want equipment installed in a location that you do not want to give unaccompanied access to, simply state that requirement in writing. Also, you do not need to give keys, access codes, or access cards to Zayo, so presuming that you keep your facilities locked, they would not be able to enter them without someone to let them in. The access that Zayo needs to maintain your equipment is similar to other providers such as Qwest, Comcast, US Cable, etc. March 7, 2011 2 P31 14. What assurances are in place for Zayo performance? Zayo has obligations under the agreement with the County to perform as well as NTIA grant requirements that Zayo must follow. In addition, Zayo will have an incentive to complete the fiber network so they can sell connectivity services to their commercial customers. 15. Does the County agreement with Zayo include a Performance Bond requirement? No, there is no performance bond requirement. However, Zayo has notified the County that performance bonds will be required from Contractors that Zayo employs in the construction process. 16.. What happens if Zayo goes bankrupt? Prior to entering into an agreement with Zayo, an analysis was completed that determined that Zayo was in a healthy financial situation. If, in the future, Zayo files for bankruptcy, the outcome would be determined by the bankruptcy court. Additionally, Anoka County has an IRU in the dark fiber, there is added protection for the integrity of the network even if Zayo is no longer available to provide maintenance and support. 17. Concern was expressed with the warranty language in Section IX.D. This type of warranty language is very typical of fiber agreements such as this. This warranty language is a pass through to the Entities of the warranties negotiated between Zayo and the County. Anoka County cannot bind Zayo to any other warranties than what is provided in the Master Service Agreement and the IRU which are attached to the agreement in Exhibits G and H. 18. How will equipment replacement be made after the expiration of the warranty on August 17, 2017? If the equipment needs to be replaced after that time, the entity will need to pay the prorata costs for such replacement. In addition, consideration will need to be made for future maintenance of this new equipment. If the entity is not getting connectivity service, or no longer wants service, no replacement equipment at entity cost is required. 19. Will there be a forum for the entities to provide input in the future? It is the County's intent to continue meetings with the entities. In addition, if there is interest, we could consider creating advisory committees (i.e. technical, administrative) to provide a forum for interested entities to meet more frequently. 20. Does the agreement only address the installation of equipment at the co- location site, or does it also include the construction of dark fiber to the site? The entity needs to approve the agreement to allow the placement of equipment at the site as well as construction of the network including dark fiber to the co- location site. However, the entity may initially elect not to receive the connectivity service at a site. 21. 1 note the service site requirements in Attachment B (security, temperature and environmental, and space requirements). What is the size of the equipment; how much space is required, and; are there any special location requirements? The County and Zayo staff will be conducting a review of each site location over the next couple of months. It should also be noted that the Zayo equipment will be owned and managed by Zayo. The equipment will be switches that will fit into standard racks commonly found in data closets. See #27. March 7, 2011 3 P32 22. Should additional language be included for waiver of subrogation? No, the mutual indemnification language included in the agreement eliminates the need for any waiver of subrogation. 23. What is the point of demarcation contemplated in the Agreement? It is clear in the Agreement that the Entity is responsible for interconnection and wiring beyond the point of demarcation. Does this mean that the Entity will be required to wire to individual sites within the co- location service site? Yes, the Entity is responsible for wiring within each co- location site. This wiring is likely the entity's existing network. See Exhibit H for definition of demarcation point. 24. What exactly will the Entity be paying for? Does the agreement contemplate the use of dark fiber, or any additional cost to add capacity in the future? The entity is paying for connectivity which includes transport and ethernet service. The Entity will only pay if the connectivity service is used. The dark fiber will be installed with the network, but additional equipment will be required to utilize it. No specific use of the dark fiber is included in the agreement. 26. The Agreement states that the Entity will work with the County to manage bandwidth, but what does that mean? If there are capacity issues, all the entities will need to work together to resolve them to the mutual benefit of the parties. We will also be working to monitor bandwidth utilization to identify potential problems before they impact the service. 26. Have the insurance issues been resolved so that the requirements coincide with what is currently provided through the League of Minnesota Cities? We have made edits to the insurance language with input from the cities. Kurt Glaser, Lexington City Attorney, requested an opinion from the League of Minnesota Cities, which was received on March 2, 2011. Additional edits were made to the insurance requirements in order to comply with this opinion. 27. What are the space and environmental requirements for the Zayo Equipment? Ideally there would be rack space (19'X72" standard steel or aluminum telecom relay rack) available for the switch of 8u or about 12 inches, with sufficient space to access the equipment for repairs, maintenance and upgrades. The space should also be convenient to the entity's demarcation point. To maintain maximum uptime, it would be best to meet the specified requirements for space and environmental conditions. However, if all specifications cannot be met, the County and Zayo will work with the entity to determine an acceptable equipment location. See #21. 28. Why isn't Zayo a party to the Connectivity Services agreement? Some attorneys have suggested that ZAYO should be a party to this agreement. The County's agreement with ZAYO provides that the County must secure the various co- location sites, whether the properties are County owned or owned by another governmental or quasi - governmental agency. ZAYO has expressed disinterest in directly contracting with the various entities. 29. Who is responsible if Zayo damages equipment or systems belonging to a third party that are at the co- location site during installation? March 7, 2011 This agreement does not confer any third party benefits to anyone. The agreement is between the P 3 3 County and the Entity, with Zayo subordinate to the County. If the entity is concerned that Zayo will not use due care regarding a third party's equipment located at the co- location site, then the Entity should limit ZAYO's access to third party property. 30. We are not clear on the meaning of certain terms, such as Demarcation Point, Fiber Optic Network, Ducts, Network Availability, Transport Services, Ethernet Services, etc. Are these terms defined anywhere? Many of these terms are defined in the Master Service Agreement and Indefeasible Right of Use Agreement executed between the County and Zayo on August 17, 2010. A copy of these two agreements will be attached to the Connectivity Services Agreement for reference as informational exhibits. Additionally, some of these terms are "terms of art" in the broadband and Information Technology industry, and are used here in standard industry usage. 31. Why doesn't the Entity gain ownership rights in the equipment if the city is required to pay a pro -rata share for repairs and /or replacement after the warranty period expires on August 16, 2017? The initial equipment is paid for by the grant, at no cost to the Entity. Contrast this with more typical agreements, where the Entity pays a much larger monthly fee to a provider for both the service and the equipment. If, after 2017, equipment is replaced completely the situation may change. Options for total replacement at that time, if necessary, may include replacement with Zayo Equipment, Entity Equipment or County Equipment, 32. May the entity, in particular a city, charge building permit fees, franchises, etc. to Zayo outside of the co- location site? Pursuant to Paragraphs II.C. and III.B., Entities retain franchising authority, and may issue building permits, franchise fees as allowed by Minnesota statutes. The entity may not charge these fees for the co- location site itself (for example, the entity may not charge fees for underlying rights needed to place equipment in City Hall, or a fire station which are the designated co- location sites described in Exhibit A.) 33. Will Zayo or Anoka County be providing cable services in competition with Comcast or other private cable carriers through this agreement? No. Anoka County will not be a cable provider. Providing cable TV services is not consistent with Anoka County's mission statement. The County's fibers may only be used for governmental and quasi - governmental purposes. Zayo is not a cable provider, nor does it offer triple- play services (telephone /voice, data /internet, and cable /video). While no one can predict the future, a more likely scenario is that private carriers will contract with Zayo to use Zayo's fibers to provide services to private customers throughout the county. 34. Where can I get more information on the project? By phone: 763- 422 -7537 (Carrie Johnson) By e-mail: ConnectAnokaCountyCa .co.anoka.mn.us By mail: Connect Anoka County, Attn: Information Technology 2100 3rd Avenue, Suite 300 Anoka, MN 55303 March 7, 2011 5 P34 ATTACHMENT G Wholesale Master Service Agreement This Wholesale Master Service Agreement ("Agreement") is made by as of August 17 2010 ("Effective Dafe") and between Zayo Bandwidth, LLC, a Delaware limited liability company, with an address of 400 Centennial Pkwy, Suite 200, Louisville, CO 80027, its . affiliates and /or subsidiaries (collective(y referred to herein as "Zayo ") and Anoka County, a body corporate and politic under the laws of the State of Minnesota("County "), with an address of 2100 Third Avenue, Anoka, Minnesota 55303, Each may be referred to herein as a "Party" and collectively as the "Parties:' 'This Agreement sets forth the general terms and conditions governing County's purchase of telecommunications services and/or data communication services ( "Services ") from Zayo. The initial Services to be provided to County are set to in the service order, attached hereto as Exhibit A (the "Initial Service Order'), which shall be incorporated herein by reference. Any future Services reque §fed by County and acdepted by Zayo shall be documentedin- a.service. order in the form attached, hereto as Exhibit B._( ".Service Order°). As used in this Agreement, Service Order shall include the Initial Service Order. Services shall only be used by quasi- government, government, educational and public safety institutions and shall not be used to directly or indirectly compete with Zayo ( "Permitted Use"). In the event of a conflict between this Agreement and a Service Order, the terms of this Agreement shall control unless the Parties agree otherwise in the terms of a Service Order. 1. GRANT AWARD; CONDITIONS PRECEDENT 1.1 Zayo has applied for and received an NTIA grant ("Grant':'). The Grant will be used in part to construct and install fiber optic facilities and equipment to connect. County s government, educational and public safety sites within Anoka County, Minnesota (the "Project'). The Project is estimated to cost approximately $19.12 million dollars. The Grant award will contribute seventy percent (70 %) of the Project costs. Pursuant to Section 4.1, County shall make a Contribution to the Project cost. The Parties expressly acknowledge. that receipt of the full Grant award is a condition precedent. to the enforceability and validity of obligations under this Agreement. Further, as a second condition precedent to the enforceability and validity of bbligations under this Agreement, Zayo and County shall enter into and execute that certain Master Fiber iRU Agreement ( "Fiber Agreement ") executed of even date herewith• between the Parties, whereby,County shall receive an indefeasible right to use certain strands- of fiber optic cable from Zayo as provider thereunder. 2, TERM 2.1 This Agreement and the Services provided hereunder shall be in, effect for five (5) years ( "Initial Term "). The Agreement bhall automatically renew at the end of the Initial Term for up to a total of three (3) renewals for a period of five (5) years each (each a "Renewal Term ") unless the County provides written notice of its intention to terminate this Agreement by providing not less than one hundred eighty (180) days written notice before the end of the Initial Term or any Renewal Term. Upon the termination or expiration of this Agreement, Zayo shall have no further obligation to provide Services and no further' liability to County hereunder, except -for any obligations that Zayd may have under the Fiber Agreement. 2.2 This Agreement may be terminated by County at any time, without cause, upon one hundred eighty (180) days written notice. Termination of this Agreement shall have no effect on the obligations of County under the Fiber.Agreement. 3.. EQUIPMENTAND INSTALLATION 3.1 County shall provide coloration space at every site where Services will be delivered in which Zayo can place its Equipment to provide Services and County shall be responsible for maintaining the same level of security of such space as it does for the site generally. The space required under this Section, to deliver the Services to County, shall be provided at no c(5st to Zayo. County shall provide adequate power and 'temperature control as- may be further detailed on the Service Order. Zayo, or.its agent,'shall provide, install, maintain, repair, operate and control Zayo's electronics, optronics, and- other equipment ( "Equipment ") as necessary to deliver the Servicep. unless specifically provided for herein or in the Service Order, Zayo shall pay the cost of purchasing and installing Zayo's Equipment. Any .Zayo equipment used in the provisioning of Services shall be maintained and replaced at Zayo's expense for seven (n years from the Effective Date. Thereafter, if the Zayo Equipment deteriorates, or no longer supports the provisioning of the Services, County agrees that it shalt pay the pro rata costs incurred in the replacement of such equipment. 3.2 If Zayo colocates any Zayo Equipment at a County site in order to provide telecommunication services to a non -. County user outside of the site building, Zayo will pay a fee of $250 per month for the first colocated equipment serving a commercial user beyond the site building, and $100 per month for each additional device_ For clarity, no coloration fees will apply to Zayo Equipment used to provide Services to County, even if such Equipment is also used to serve a commercial customer. 3.3 Zayo's Equipment shall remain the sole and exclusive property of Zayo, and nothing contained herein shall give or convey to County, or any other person, any right, title or interest whatsoever in Zayo's Equipment. Zayo's Equipment shall remain personal property, notwithstanding that it may be, or become, attached to, or embedded'in, realty. County shall not tamper with, remove or conceal any identifying ptates, fags or labels identifying Zayo's ownership interest in Zayo's Equipment. 3.4 Equipient and service beyond' the point of demarcation and/or interconnection between Zayo's facilities and County terminal equipment and the wiring at the point -of demarcations (`Point of Demarcation ") shall be the responsibility of County. 3.5 Zayo shall be provided access to all County locations necessary to provide Services for purposes of installation, maintenance, and repair of Zayo Equipment. Zayo shall restrict access to the coloration space to authorized Zayo staff which' staff shall abide by any County physical security_ requirement provided to Zayo in writing. Zayo shall make reasonable aftempts to provide at least two (2) days notice to County prior to entering County's point of presence (POP) to install, maintain or repair any of the Equipment. If it is not reasonably possible to provide such notice, or in an emergency, Zayo shall provide notice to County as soon as practicable, but in all events prior to entering the POP. ` .Page 1 of 19 Rev. 911/09 3.6 If County provides its own equipment, Zayo shall have no obligation to install, maintain or repair the equipment. - If, on responding to a County initiated service calf, Zayo and County jointly determine that the cause 'of the service deficiency was a failure, malfunction or the inadequacy of r equipment other than Zayo's Equipment, Cdunty shall compensate Zayo for actual time and materials expended during the service call. 3.7 Neither party shall adjust, align, attempt to repair, relocate or remove the other partys equipment, except as — =-expressly authorized in writing by the otherparty. - 3.8 County shall be liabld'for any loss of or damage to Zayo's Equipment caused by County's negligence, intentional acts, willful misconduct or unauthorized maintenance. County shall reimburse Zayo for the reasonable cost of repair of Zayo's Equipment, or the replacement thereof, within thirty (30) days after receipt by County of a written request for reimbursement. 3.9 Zayo shall be liable for any loss of, or damage to, County's equipment caused by Zayo's negligence, intentional act, willful misconduct or unauthorized maintenance. Zayo shall reimburse County for the reasonable cost of repair of the equipment, or the replacement thereof, within thirty, (30.) days after receipt by Zayo of a written request for reimbursement. County shall not arbitrarily or capriciously require Zayo io relocate Zayo Equipment, however, upon ninety. (90) days written notice, or, in the event of any emergency, County may require Zayo to relocate coloeated Zayo Equipment; provided, however, the site of relocations shall afford comparable environmental conditions for the Zayo Equipment and a comparable accessibility to the Zayo Equipment. 4. PAYMENT & BILLING 4.1 County shall confibute fifteen percent (15 1/6) of the Project cost, such contribution amounting to $2,867,698 ("Contribution "),in connection with the Services in the Initial Service Order, pursuant to the processes set out in Fiber Agreement. In addition, for Services in the Initial Service 'Order, County shall pay a total of $1.00 per month, for each site identified on the Initial Service Order, for both the Initial Term and the Renewal Terms, if any. After the expiration of the Renewal Terms, fees will be mutually agreed upon but shall be basedon market rates.. 4.2 If County requests Zayo to upgrade the capacity of the Services for any site set forth in the Initial Service Order, provided that the request does not exceed the maximum capacity for the core ring, or the distribution ringliateral as stated in the Initial Service Order, Zayo shall comply with the request, brit shall charge a one -time non - recurring fee of $500 for each such request to compensate for labor; provided that Zayo is not required to purchase any additional Equipment to accommodate such upgrade request. Any request for upgrades in excess of the respective maximum capacity for distribution rings /faterals or core rings as set forth in the Initial Service Order shall be at the then current market rates, including any costs of equipment acquired in order to provide such requested services. Any subsequent Service Orders other than the Initial Service Order shall be at the rates set forth in the Service Order. 4.3 Billing for Service will commence upon County acceptance or three (3) days after written or electronic P35 notification bf service availability at each individual site in a Service Order is sent to County, whichever is earlier ( "Service Start Date "). The Patties acknowledge that it is the understanding of the Parties that the Services will be provided on a site by site basis and there is no expectation that ail of the sites on a Service Order would begin to receive Services at the same or similar dates. 4.4 Zayo will provide County with a monthly itemized invoice for the Services together with all other charges due pursuant to the terms of this Agreement through the date tliereof. All amounts- due- Zay()_are_payable.in- fuiltwithin fifteen c...:•. (15) days from date of invoice. Delinquent amounts shall bear interest at the rate of one and one -half percent (1.5%) per month or the highest lawful rate, whichever is tower. ' 4.5 Written requests for billing adjustments together with all supporting documentation must be received by Zayo within ninety (90) days from date of invoice or the right to billing adjustment shall be waived. In the event of a billing dispute, County shall timely pay all undisputed amounts. If the dispute is resolved against County, County shall pay such amounts due plus interest from the date the paymentwas originally due. 5. DEFAULT; SUSPENSION OF SERVICE; TERMINATION OFAGREEMENT 5.1 County Is in Default of this Agreement if County: a. is more than fifteen (15) days past due in paying the Co'ntribufion as it comes due, or any Zayo invoice pursuant to its terms, excluding those amounts which County has notified Zayo as reasonably being in dispute; b. faits to observe or perform any non - monetary obligation or covenant hereunder, c. files or initiates proceedings or has proceedings filed or initiated against it, seeking liquidation, reorganization or other relief (such as the appointment of a trustee, receiver, liquidator, custodian or such other official) under any bankruptcy, insolvency or other similar law; d. defaults under the Fiber Agreement; or e, violates the Permitted Uses. In the event of a Default by County, Zayo shall notify County and allow five (5) days for County to cure a monetary breach, or thirty (30) days for County to cure if a non - monetary breach, and if such Default remains uncured, then Zayo may suspend Services to County until.County remedies the Default; terminate or suspend services under the Fiber Agreement or Zayo may terminate this Agreement and /or the applicable Services being provided under the Service Order. 52 if Zayo terminates this Agreement pursuant to this Article of the Agreement, Zayo shall have the right to seek full payment or any amounts due Zayo for Services rendered prior to the date of termination. Termfnation of this Agreement shall have no effect on the obligations of County under the Fiber Agreement 5.3 Zayo shall be in default "under this Agreement if . . Zayo fails to provide the Services in accordance with the Page 2 of 19 Rev. 911109 Service Order or otherwise fails to cure any breach of the Agreement after receiving written notice of default from County. In the event of a default by Zayo, County shall notify Zayo in writing and Zayo shall have thirty (30) days to. cure, or such longer period of time as may reasonably be necessary so long as cure is initiated and diligently pursued within such thirty (30) days, or provide notice of a dispute about the existence of such default provided, however, that Zayo must provide or. restore Service not meeting the terms of any Service Order pursuant to Section 19. In the event that Zayo does.not cure, such default within the allotted time as set forth above, County `riiWterminafe this Agreement upon writt2n notice.- 6. TAXES 6.1 To the extent applicable, each Party shall . be fully responsible for the payment of any and all property, franchise, gross receipts, excise, access, bypass, sales or other local,. state or federal taxes or charges applicable to property owned by it and for taxes on its net income. County agrees to pay any sales, use, gross receipts, excise,, bypass or other local, state and federal faxes or ,=applicable to the provisioning or sale of the Services provided by Zayo.. Any taxes to be paid by County shall be separately stated on the invoice. Prices shall not include any taxes for which County has furnished a valid exemption certificate. 6.2' if applicable, County shall keep on file with Zayo copies of its current tax exemption certificates. All federal, state and local taxes determined by Zayo to be due on the Services provided under this agreement shall be charged to County and be due and payable according to the terms hereof. 7.. LIMITATION.OF LIABILITY 7.1 Zayo shall not be liable for delays in installation, commencement or restoration of the Service,. for. any temporary or permanent cessation of service; for errors, malfunctions, delays or defects in transmission of the service; for loss or damage occasioned by a Force Majeure Event: Zayo's liability for any and all causes and claims whether based in contract, warranty, negligence or otherwise shall in no 'event exceed 1) an amount equivalent to the proportionate charge by Zayo to County for the period of Service affected, or. 2) if applicable, the replacement value of any County equipment which is lost or damaged as a result of Zayo's gross negligence or willful misconduct. 7.2 In no event shall either party be liable for any indirect, incidental, -special, punitive or consequential damages whatsoever arising out of or in connection with this Agreement or any Service Order, including but not limited to, lost profits, lost revenues, loss of goodwill, loss of anticipated savings; loss of data, incurred or suffered by either party or any third party, whether in an action in contract or tort, even if the other party or any other person has been advised of the possibility of damages. 7.3 ZAYO MAKES NO WARRANTY, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OF THE SERVICE, LOCAL ACCESS OR ANY OTHER MATTER, EXCEPT AS SET FORTH IN THIS AGREEMENT. SUCH WARRANTIES ARE HEREBY EXCLUDED AND DISCLAIMED.' P36 8. INDEMNIFICATION To the extent permitted by law, each party shall indemnify, defend and hold harmless the other party, its directors, officers, employees, and agents, successors, and assigns, from all damages, costs, expenses and liabilities, including reasonable attorney's fees and disbursements, sustained in any action commenced by any third party in connection with the indemnifying party's performance of its obligations and duties under this Agreement except for those damages, costs,' expenses, and liabilities arising from the negligence or willful - misconduct of- the•other party.- =-The indemnified -party shal[_e -. - = promptly notify the other party in writing of any such suit or claim. 9. SUBJECT TO LAWS This Agreement, and the performance hereunder of each Party, is subject to all applicable federal, state and local laws, and regulations, rulings and orders of governmental agencies,, including, but not limited to, the Communications Act of 1934,' as amended, the Telecommunications Act of 1996, the Rules and Regulations of the Federal Communications Commission ( "FCC's, Minnesota Statutes, Chapter 237, the Rules and Regulations of the Minnesota Public Utilities Commission ( "MPUC "), the terms and conditions of the Grant, Zayo's applicable tariffs, if any, and the obtaining and continuance of. any required approval or authorization of the FCC, MPUC or any other governmental body. Either party may terminate its obligations under this Agreement without liability if ordered to do so by the final order or ruling of a court or other governmental agency or if such order or ruling would make it Impossible for either party to carry out its obligations under this Agreement. In addition, if at any time during the Term of this. Agreement, or any Senrice,Order, the action of a governmental agency requires 'modificatidn. of Zayo's Services provided hereunder so as to impair Services to County, County may terminate those Services: upon thirty (30) days' written notice to Zayo if no . commercially and. economically reasonable. accommodation can be found by Zayo to effectuate the intent of this Agreement. 10. CONFIDENTIALITY 10.1 County will have no obligation to prevent or withhold disclosure of any data or information supplied by ZAYO, except as otherwise provided in the Minnesota Data Practices Act, Minnesota Statutes, Chapter .13 (the "Act"). County will prevent or withhold disclosure of Trade Secrets'Dn accordance with the Act. 10.2 Zayo may be exposed to government data and /or data on individuals . or organizations that is private or confidential. In addition, Zayo 'may be exposed to private or confidential information . relating to County's computers, network, programs, and ,computer systems (hereinafter, collectively °County Information "). ZAYO is not obligated to release or disclose County Information pursuant to the Act. Zayo agrees that it, and its employees, and their subcontractors and their employees shall regard and treat each item of County information as private or confidential information and that it will not, without the express written consent of the County, redistribute, market, publish, disclose or divulge to any other. person, firm or entity, or use or modify for use, directly or indirectly, any of the County Information except pursuant to binding court order. At the end of the Project, Zayo shall retum or destroy all County Information to the County. Page 3 of 19 Rev. 911/09 11. GOVERNING LAW This Agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by the laws of the State of Minnesota. In addition, this Agreement shall comply in all respects with the terms and conditions of the Grant. If the terms of the Grant conflict with any term herein, the term shall be read consistent with the Grant. The venue for all proceedings related to this Agreement I shall be a state or federal•courtof competent jurisdiction iri Minnesota. 12. FORCE MAJEURE Neither Party shall be liable for any failure of performance hereunder due- to causes beyond its reasonable control including, but not limited to, acts of God, fire, explosion, vandalism, cable cut, flood, storm, or other similar catastrophe, any law,,order, regulation, direction, action or request of the government, or any department, agency, commission, court, or.bureau of a government, or any civil or military authority, national emergency, insurrection, riot, war, strike, lockout, or work stoppage (each, a "Force Majeure Event°). The Party claiming relief under this Section shall notify the other Party of the occurrence or existence of the Force Majeure Event and of the termination of such event. In the event Company is unable to deliver Services as a result of a. Force Majeure Event, County shall riot be obligated to pay for the Services so affected for as long as the Company is unable to deliver the Services. 13. ADDITIONAL PROVISIONS 13.1 This Agreement (including all Service Order(s); appendices, exhibits, attachments and /or schedules attached hereto) consfiUdes the entire understanding between the' parties relating to the rights herein granted and the obligations herein assumed and correctly sets forth the rights, duties, and obligations of each party to.the other as of the date of this Agreement; provided. however, that this Agreement shall not affect or modify the terms or applicability of the Fiber Agreement or any other agreement regarding other subject matters to which Zayo and County are parties.. Any prior Agreements, promises, negotiations or representations regarding the subject matter of this Agreement not expressly set forth in this Agreement are of no force or effect. No alteration or variation of the terms of any provision shall be valid unless made in writing and signed by a duly authorized representative of Zayo and the Courity. In'the event that any one or more of the provisions of this Agreement shall for any reason be held to be invalid or unenforceable, the remaining provisions of this Agreement shall be unimpaired, and. shall remain in effect and be binding upon parties. The Services provided by Zayo are suhjeet to the condition that they will not be used for any unlawful purposes. This Agreement shall benefit and bind the successors, affiliates and assigns of the Parties. No course' of dealing between the Parties and no failure. to exercise any right hereunder shall be construed as a waiver of any provision hereof. 14. PREVAILING PARTY In the event that suit is brought or an attorney is retained by either Party to enforce the terms of this Agreement or to collect any money as due hereunder or to collect any money damages for breach hereof, "the prevailing Party shall be entitled to recover, in addition to any other remedy, the P37 reimbursement of reasonable attorneys fees, court costs, costs of investigation and other related expenses incurred in connection therewith. 15. NO PARTNERSHIP. This Agreement does not create a partnership, joint venture or agency relationship between Zayo and County. Neither party shall have any authority to bind the other party. to any agreement, understanding or other instrument, in any manner whatsoever. Zayo is and shall remain an independent - contraetor-wRh respect- toany- and.allServices.pro+dded under....,. this - Agreement. Zayo acknowledges and agrees, on its behalf .and on behalf of its subcontractors, that it is not entitled to receive any of the benefits received by County employees-and is not eligible for workers' or unemployment compensation benefits through the County. Zayo also acknowledges, on its behalf and on behalf of its subcontractors, and'agreesi that no withholding or deduction for state or federal income taxes, FICA, FUTA, or otherwise,. will be made from the payments due Zayo and that it is Zayo's sole obligation to comply with the applicable provisions of all federal and state tax laws. 16. BINDING EFFECT . This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respecfive successors and assigns. County shall not assign, delegate, or transfer any of its rights or obligations hereunder without Zayds prior written consent. However, either party shall be allowed to assign this 'Agreement, in whole or in part to a parent, subsidiary or affiliate whether as a. result of a merger or a sale of all or substantially all of the stock or assets of the assigning party: Each of the undersigned hereby state that helshe has full authority to enter into this Agreement and hereby accepts this Agreement on behalf of the companies identified below. 17. NOTICES Notices under this Agreement shall be in writing and delivered by certified mail, return receipt requested, or by nationally recognized courier to the persons whose names and business addresses appear below, and such notice shall be effective on the date of receipt, or refusal of delivery, by the receiving Party. Page 4 of 19 Rev. 911109 If to Zayo: Zayo Bandwidth, LLC Attn: General Counsel, Legal 400 Centennial Pkwy, Suite 200 Louisville CO 80027 Billing Disputes: Zayo Bandwidth, LLC Attn: Accounts Receivables 400 Centennial Pkwy, Suite 200 Louisville, CO 80027 Order Modifications or Cancellations: Zayo Bandwidth, LLC. 7010 Snowdrift Drive Allentown, PA 18106 1-800- 390 -6094 P38 if to County: For Legal or Operational Notices: County of Anoka 2100 3rd Avenue Anoka MN 55303 Attn: County Administrator With a copy to: County Attorney For Billing: Department of Information Services Anoka County 2100 3rd Avenue Anoka MN 55303 Attn: Accounts Payable 18. ADDITIONAL TERMS AND CONDITIONS APPLICABLE ONLY TO THE PURCHASE OF IP /DATA BASED SERVICES 18.1 Utilization Forecast. County may be required to provide Zayo with quarterly or monthly utilization forecasts. Failure to provide such forecasts or chtonfc under - forecasting may affect Zayo's network efficiency and could result in termination of Service under one or more applicable Service Order(s) upon thirty (30) days notice in the event Zayo determines in its sole discretion that its network efficiency has been adversely-affected. 18.2 IP Address Allocation Policy. Zayo assigns IP addresses to its County's for use with certain IP /data based Service. Zayo shall retain any assigned public IP address when County's service is terminated. Zayo and County agree that assigned addresses are °non - portable" and other providers are not allowed to route these addresses. County, who has its own IP addresses, which are allocated directly from American Registry for Internet Numbers (AKIN), will be ported /routed by Zayo where reasonably possible. However, Zayo cannot guarantee the portability/toutability of these addresses beyond its own backbone and to the Internet in general. Zayo reserves the right to modify its IP Address allocation Policy without notice. 18.3 Accaeotable Use Poficy. Zayo supports the free flow of information and ideas over the Internet.. Zayo does not actively monitor nor does Zayo exercise editorial control over the content of any web site, electronic mail transmission, mailing list, News Group or. other material created or accessible over Zayo networks. However, Zayo reserves the right to remove any materials, that, in Zayo's sole discretion, are potentially illegal, may subject Zayo to liability, or violate this. Acceptable Use Policy ( "AUP "). Such materials may include, but are not limited to, material that is inappropriate, obscene (including child pornography), defamatory, libelous, threatening, abusive, hateful, or excessively violent. Any violation of this Policy may result in the, suspension or cancellation of Zayo services without liability to Zayo. Channeling any part of any such activity through Zayo's network resources shall constitute a violation of this Policy. ZAYO WILL IN NO EVENT BE LIABLE OR RESPONSIBLE FOR THE INTERNET OR ANY INFORMATION CONTAINED THEREON. ZAYO DOES NOT WARRANT AND DOES NOT ASSUME ANY LIABILITY FOR ANY CONSEQUENCES SUFFERED BY ANY PERSON AS A RESULT OF OBTAINING INTERNET ACCESS INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM INTERNET CONTENT OR FROM COMPUTER VIRUSES. Using Zayo services and equipment for illegal purposes or in support of illegal activities is strictly prohibited. Zayo reserves the right to cooperate with legal authorities and /or injured third parties in the investigation of any suspected crime - or- tivil-wrong- Activities. which- are in> violation of. any local,, state or -federal laws, statutes,. regulations, treaties and/or tariffs, would constitute a flagrant violation of the ALP. Should any County activity threaten the integrity of. or threaten to adversely affect Zayo's network, Zayo shall be allowed to take steps to reduce or contain the damage, including termination or suspension of the DIA Service. 18.4 Caching Zayo reserves the right to cache data, including but not limited to advertisements, from County's . servers to end -users which Is transported over Zayo's network. In the event Zayo acts to. protect its' network integrity data, County agrees to co- operate 'with Zayo in the caching process. County agrees to make reasonable changes to County client and server code, in order to allow Zayo to cache the data. Notwithstanding anything in this Agreement to the contrary, Zayo shall have the right to increase its prices as a result of the failure to adequately cache. County shall have thirty (30) days from the date it receives notice of such price increase to either accept such increase .or terminate the Service Order without penalty. The prices set-forth in the applicable Service Order shall remain in effect during such 30 -day period. Thereafter, the new increase prices shall take effect. 18.5 Spam. Zayo prohibits the transmission, distribution. or storage of unwanted or offensive content. Prohibited transmissions include without limitation, viruses, trojan horse programs, messages which include character sequences intended to control the recipients computer or display screen, make -money fast schemes, pyramid or chain letters, fraudulent offers, threats, harassment, defamation, postings to a newsgroup in violation of its rules, charter or FAQ, unsolicited advertising (whether commercial or informational) and unsolicited e-mail ( "SPAM'). Zayo strongly opposes SPAM, which floods the Internet with unwanted and unsolicited e-mail and deteriorates the performance and availability of the Zayo network. All forms of SPAM, and all activities that have the effect of facilitating SPAM, are strictly prohibited. Violation of this provision will result in termination of any applicable Service Attachment and /or County's entire Master Agreement. Zayo shall be allowed to take any action it deems necessary to prevent the transmission, distribution or storage of SPAM. 18.6 Traffic Limitation. The IP /based data Services provided hereunder are to be used only in conjunction with services purchased from Zayo. Notwithstanding anything in this Agreement to the contrary, no data traffic shall traverse Zayo's connections unless such traffic originates from or is destined for County end -users assigned to the service ports provided under this Agreement. Traffic not described in the preceding sentence shall be blocked from traversing Zayo's peering connections. 18.7 Fraud and Network Security. Zayo is not'lfable for any damages County may incur as a result of the unauthorized use of County's network facilities. In no'event will Zayo be Page 5 of 19 Rev. 911109 liable for protection of County's network, transmission facilities or equipment from unauthorized access, or for any unauthorized access to or alteration, theft or destruction of . County's data fries, programs, procedure, ipformafion or other network elements or content through fraudulent means or devices. Zayo shall have the right, but not the obligation, to immediately deactivate County's services in the evenrZayo reasonably believes such :service is the subject of theft or fraud. r: 19. SERVICE LEVEL REQUIREMENTS 19.1. Transport Availability. The.,ttansport Service(s) being . provided Will meet . or exceed 99.999% network availability for protected optical service, 99.99% for protected TDM based services such as DS3s and DS1s, and 99.9% for unprotected services as measured on a monthly basis. if Network Availability is below the percentage above in two (2) out of the three (3) preceding calendar months not due -to an Excused outage, the same shall constitute an event of default hereunder. 19.2 Ethernet Avafla6ifity. The ethernet Servfce(s) being provided will meet or exceed 99.9% network availability for unprotected service and 99.95% for protected service as . measured on a monthly basis.. if Network Availability is below 99.9 °� for unprotected.' circuits and 99.95% for protected circuits in two (2) 'out of the three (3) preceding calendar i months not due to an Excused Outage, the same shall constitute an event of default hereunder. 19.3 Mean Time To F2e6air. Zayo's Mean Time To Repair (MTTR) will be four (4) hours for protected services and eight (8) hours for unprotected:'services as, measured on a i Rev. 9(1109 P39 monthly basis for Outages of the Services provided or any part 4 of the Services provided; for example an individual DS3 or group of DS3s. If Zayo's MTTR for all protected Services is 'greater, than four (4) hours in two (2) out of the three (3) preceding months not due to a Force Majeure Event; such occurrence shall constitute an Event of Default on the part of Zayo for.the affected circuit ,a 20. AUDIT, DISCLOSURE AND RETENTION OF RECORDS 20.1 Zayo agrees to make available to duly authorized representatives of the County and of the.State of Minnesota, for. .... . the purpose of audit examination pursuant to Minn. Stat. 166.06, any books, documents, papers, and records of Zayo that are z pertinent to Zayo's provision of Services under this Agreement. Zayo further agrees to maintain all such required records for three (3) years after receipt of final payment and the closing of all other related matters 21. COUNTERPARTS/ FACSIMILE SIGNATURES Acceptance of this Agreement is contingent upon acceptance by a representative of Zayo duly authorized to execute this Agreement. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but. all of which together shall, constitute one and the same instrument. . This . Agreement may. be delivered by facsimile transmission and facsimile signatures shall be treated as original signatures for all applicable purposes. Page 5 of 19 P40 IN WITNESS WHEREOF, the parties have eicecuted this Agreement on the dates indicated below j Y OF ANOKA: Zayo Bandwidth,.LLC: Signature:_ o,. Signature .n...._.. _ `Title• __�,..-• Anoka County Board of Commissioners ./ . I Dafe• sb ( +-+1(0 Date Signa ure Terry L. Jo son Anoka County A ministrator y % ///�� Date Apppw as to Form: Assistant Anoka CountTAttorney i Date 0 Page 7 of 19 EXHIBIT A INITIAL SERVICE ORDER To WHOLESALE MASTER SERVICES AGREEMENT By and Between ZAY.9A ND - WIDTH,. LLC ..: ...... _.. And COUNTY OF ANOKA, MINNESOTA DATED: 2010 This Service Order is for the provision of transport and bandwidth capacity services-("Services") for connectivity to the sites listed on Attachment 1 hereto ( "Sites "), pursuant to the Wholbsale Master Service Agreement dated ( "MSA''), between Zayo Bandwidth, LLC ( "ZAYO ") and County of Anoka, Minnesota ( "County"). This Service Order is subject to the;terins and conditions contained in the MSA between the parties. Capacity Specifications: Zayo shelf provide the Services to each Site in accordance with the initial capacity requirements set forth for each Site individually, and the shared capacity on the distribution rings, distribution laterals and core rings as set forth on Attachment 1 and Attachment 2, respectively. Core rings will be designed with redundancy to allow for automatic'switching with a.target switch over time of 50 milliseconds. Capacity Service Fee: $1 per month per Anchor Institution listed on Attachment 1, during Initial Terms and Renewal Terms as specified in the MSA. Site Requirements: County shall provide the temperature control, rack•space and power, ail as specified on Attachment 3. Service Term for Services: This Service Order shall, be coterminous with the MSA. The Services in this Service Order may be terminated as provided in the MSA. Change to Capacity Services: Each Anchor Institution is located on a distribution ring, a distribution lateral or a core ring as specified on Attachment 1. The maximum shared capacity for all Sites on each distribution ring or distribution lateral is 1G. The maximum shared capacity for all Sites on each of the core rings is 10G. The capacity of each distribution ring, a distribution lateral or a core ring and the number of sites that share the capacity are described in Attachment 2. Ratification: This Service Order requested by County shall be governed by the MSA and together therewith shall form a single integrated agreement between ZAYO and County (the "Agreement"). Except as specifically set forth in this Service Order, the Agreement is hereby ratified and affirmed in all respects and all other terms, covenants and conditions of the Agreement shall remain unchanged and shall continue in full force and effect. The definition of "Agreement' in the MSA is hereby amended to include this Service Order, Attachment 1, Attachment 2 and Attachment 3. all attached hereto, are incorporated herein by reference and made a part of this Service Order Page 8 of 19 P41 IN WITNESS WHEREOF and in confirmation of their consent to the terms and conditions contained in this Service Order and intending to be legally bound hereby, ZAYO and User have executed this Service Order effective as of the date of execution by the last Party. 1;.JG.9j117 Of icA. Baudwidth, LLC: Y - -- - Q Signature: ✓G l-V. - Signature Dennis D. Berg, Chair Title:, P-In4n . Anoka County Board of Commissioners Date:l� /D Date I Signature Terry L. oh iv-ci on Anoka Coun dmin istrator Date Alp proved as to Form: Assistant Anoka County Attorney �(t�+1 rib Date . Page 9 of 19 P43 EXHIBIT A-- ATTACHMENT I SITE LIST U'R R E3 lu Lb 2 W L3 s! 2 6 2 1 gi 2 1. 15 ig s R S R OR t2 w �z 2- 2 N R9 M 0 6 Fi N ti ti ? 9 g 1 92 Bil . �2 a Page 10 of 19 r 4_ 8 `D c .°.E •gi •ii s s s � o s s m 2 .N1 ii :l °ei .ry, � en � f., .a •N+ ee:7 � . t .ry- .gh «h z 5 a @ K� ca °o % @ rC+ V V a •@ @ ., .. a a i7 c ,`co .•°_+'a..' o o za o tl ,o° @ 0 0 SS c p y = V N NN�¢ G V • C N'� Np L V C P b Q » N P N Im p m N N T 4 a7 N N N N p a N N g N W S a vi a x ry IS1 See+ d N Z � � � � � ?� ii � V yy •O �p � .m-1 � � em'1 emi mm ��-1 N N N N N C. M M N m N T C• v u o c � W V 'U� V CC KK ttGG U V CC yry' �y U K U ^ U ¢ N V 80 9 Ep V U C 4 fM.I V V V V V V J J tR r¢- y G � Va 33 33 s w aural � .2 ES '°�v rvrv' o KK a oo KK 0 0 o o �° 3 o o a c o ag$ o o o E 1E t4 bi i o iS � � m 0 0 6 d P m m m V m Y •ml V Y % N _ ° $ $ i•. •L3 Q Z i N N° ¢ a ° F m a b 2 N a Y z a E FE °v aaa i ° A�E1Yo Ea S d az m8 8a a.3ag�a�c g E - =° a c_ v a o 3 0 e l c 89 u Yug o�d.c"� ° a1 6e4 . 30 E3o,..�� V��+� m°.�'x' e aN� 'o ...�d g�so'k ��E9 o� °Po si•� �s ° d o"! "�3 "�'•Rmm °v e4 v �"ae o °vv °n ^N Li umi lFi 'v1m a n n 6'u$ iS `3� Z Page 11 of 19 P44 Paga 12 of 19 P45 F im-A 9 C .i M •MA' "S •L`F ,iA `2 5%`L! !`G� !`GIB M m VW S � s w tmli �tr?9 n Wm w .�% wU w t( I-D• n W e b f� .� e�i (J U'• .Ni W w !U O O �•:'3 V l� l� R N 11g U l� S$ S8- �t.�_re. .X,$•�SQ_.... � z .33.339._�3� .5. `3. 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EXHIBIT A--ATTACHMENT 2 MAXIMUM SHARED .--C--APACI-TY,-PER-FINAL--CORt- RING - FINAL DISTRIBUTION RINGI.LATERAL Anoka /Za q POP N/A I cRI 10G 7 I cR2 IOG 17 CR3 -10G 16 CR1-H1 IG 5 CRI-H2 IG a CR1 -H3 IG 8 CRI-H4 IG 4 CR1-H5 IG 7 CR2-Hl 1G 7 CR2-H2 IG 2 CR2-H3 IG 7 CR2-H4 IG- ..3 CR2-H5 IG 9 CR2-L1 IG 4 CR2-L2 IG' 1 CR2-L3 IG 3 GR2-L5 IG I CR2-L6 IG 3 CR2-L7 IG 3 CR3-H1 IG 3 CR3-H2 IG 5 CR3-H3 1G 3 CR3-L1 IG 3 CR3-L2 1G 4 CR3-L4 IG 4 CR3-L5' IG I CR3-L6 IG I CR3-L7 IG 2 CR3-L8 IG 0 No E ui Site N/A 4 • EXHIBIT A -- ATTACHMENT SITE SPECIFICATIONS Environmental:. Equipment to be located in a space that is clean, dry and secure conditioned by -heating and-coolinTequipmentand maintain constant temperature in the range of 68 to 83 degrees Fahrenheit, humidity 40 - 60% Network EquipmentRack: - Provide 19 ",X 72" standard steel or. aluminum tele.com relay rack with EIA hole spacing. - Rack should be securely fastened to the floor using anchors appropriate for the flooring type - Install should provide a minimum of 36" clearance in front and behind relay rack for equipment installation. and'servicing - Depending on space availability, County may request Zayo to provide an exception. to one or more of these network equipment rack specifications for certain locations. Grounding: Relay rack should be earth grounded utilizing building steel, cold water pipe or connection to existing ground bar Power: A negative 48 Volt DC power ' system with appropriate power backup to be provided and sized in accordance with the network equipment requirements listed below. Each element will require an -A and B feed. A and B febd can be provided from a single rectifier and distribution source. Battery and/or generator backup time should be a minimum of 8 hours and based on the circuit provided.to each network element. A and B feeds should be counted as a single, redundant circuit (Example: 40 amp A feed and 40 amp B feed equals 40 amps of total load) Network Equipment Requirements: Cisco 7 series: Dimensions - Height: 33.3 in. (82.3 cm) - Width: 17.2 in. (42.5 cm) - Depth: 18.1 in. .(44.7 cm) Power: 40 A per DC input@ -48 VDG input voltage (total of inputs) per power supply (2 power supplies required, per router) Cisco 4900: Dimensions 2RU Power: Page 16 of 19 P49 30A per DC input @ -48 VDC input voltage (total of 2 inputs per router) DC input operating ranger -48 to -60 VDC Cisco 3400E: w . Dimensions: - 1RU Power: - 5A per DC input@ -48 VDC input voltage (total of 2 inputs per router) - (For the 3400E sites, if AC only is available, Zayb needs to be notified in advance of the AC sites, and for the AC sites,. . a UPS dedicated td the switch, with at least 700VA capacity is required.). -Vote: To the extent that any Site does not meet one or more of the specifications above, any disruptions in Services related to.the inability to meet such . specification shall be deemed to be an Excused_ Outage for purposes.of Section .19 of the MSA.. . Page 17 of 19 P50 i • � 30A per DC input @ -48 VDC input voltage (total of 2 inputs per router) DC input operating ranger -48 to -60 VDC Cisco 3400E: w . Dimensions: - 1RU Power: - 5A per DC input@ -48 VDC input voltage (total of 2 inputs per router) - (For the 3400E sites, if AC only is available, Zayb needs to be notified in advance of the AC sites, and for the AC sites,. . a UPS dedicated td the switch, with at least 700VA capacity is required.). -Vote: To the extent that any Site does not meet one or more of the specifications above, any disruptions in Services related to.the inability to meet such . specification shall be deemed to be an Excused_ Outage for purposes.of Section .19 of the MSA.. . Page 17 of 19 P50 EXHIBIT 8 EXAMPLE SERVICE ORDER FORM Fie. I nf 2 P51 1,1110, F15 --WORR • t gwN 4r. 0 . m ME vw 0)x". Ww, gg- &4f �, T-M!, Rk : Rol Al' VNl W I -Z 1. k 4V i I R M ff. - N vtM '-1 B ON IN-1, HiRk A-45L 0a -'. R-E- 1 ft 1— — - -- L nm;-� W� NQ -MW 1W. "ib — " N -1.4 i K r ihm�mqw. tines. j. 2's Wcnk, pb 1%9&W W x6 f. Al f R Wo yin ruff z v 57. %AW.5-s' AF! . . . . . . . . . . . . . . . . . . . . . 7 1 -102t, A 4 ce cap iDs'. Page 18 of 19 P52 N I ATTACHMENT H MASTER TIBER IRU AGREEMENT By and Between ZAYO BANDWIDTH, LLC and ANOKA, COUNTY, WiNESOTA DATED: AUGUST �, 2010 'DrIZ d 2-o 10 0 2-- 3 ■ MASTER FIBER 1RU AGREEMENT THIS MASTER FIBER IRU AGREEMENT is made and entered into as of August _, 2010, (`affective Date") by and between, Zayo Bandwidth, LLC, a Delaware .limited liability company ("ZAYU ), and Anoka County, Minnesota, a body corporate and politic under the laws of the State of Minnesota ( "County"). WHEREAS, ZAYO will construct and own a fiber optic communication system which will include the County Dark Fibers (as defined below); and WHEREAS, County desires to obtain from ZAYO, and ZAYO desires to provide to County, the right to use the County Dark Fibers and to receive certain maintenance services as described herein, all upon and subject to the terms and conditions contained in this Agreement. NOW, THEREFORE, in consideration of the premises and mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. Definitions. 1.1 In addition to the terms defined elsewhere in this Agreement, the following capitalized terms and derivatives thereof shall have the meanings respectively ascribed to them in this Section 1.1. "Acceptance Date" is defined in Section 7.2. "Acceptance Specifications" is defined in Section 7.1. "Affiliate" shall mean, with respect to any Person, any other Person, who directly or indirectly controls, is controlled by, or is under common -control with that Person. As used in this definition, "control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management 'or policies of a Person; whether by way of equity ownership, contract or otherwise. "Agreement" shall mean this Master Fiber IRU Agreement as amended, supplemented or modified from time to time. "Cable" shall mean fiber optic cable, the fiber optic strands contained therein (including the County Dark Fibers), and any other communications transmission media which may be . included in the ZAYO System, and associated splicing connections and splice boxes located in the ZAYO System. "Claims" is defined in Section 13.1. "Confidential Information" shall mean, subject to Section 18.1(d); any data or information that is of value to a Party and is not generally known to competitors of such Party. Anoka County Master Fiber IRU 8.14.10 2 P54 To the extent consistent with the foregoing and subject to public disclosure laws applicable to County, Confidential Information includes information that (i) concerns the operations, facilities, plans, affairs and businesses of a Party, the financial affairs of a Party, and the relations of a party with its customers, employees and service providers, or (ii) is marked confidential, restricted, proprietary or with a similar designation or (iii) is by its nature clearly recognizable as confidential information to a reasonably prudent person with knowledge of the Disclosing party's business and industry. Confidential Information also includes any information which a Party obtains from a third Person which such Person treats as proprietary or designates as confidential information, whether or not owned or developed by such Person. "Construction Services" is defined in Section 9. "Contribution" is defined in Section 4A. "Costs" shall mean all actual costs paid or payable by ZAYO in accordance with the established accounting procedures generally used by ZAYO, which ZAYO' utilizes in billing third parties for reimbursable projects, including the following: (i) internal labor costs (including wages, salaries and benefits) and reasonable overhead allocable to such labor costs, such overhead costs not to exceed to fifteen percent (15 %), and (ii) all other costs and expenses paid or payable on a pass- tbrough basis (e.g., equipment, materials, supplies, contract services, etc.). "County Dark Fibers" is defined in Section 2.2. "County Equipment! mean any optronic, electronic, optical, or power equipment, County Media and any other facilities, material or equipment owned, possessed or utilized by County, or any other Person in connection with the operation of the County Dark Fibers. "County Maintenance Fee" is defined in Section 4.5. "County Media" shall mean County's fiber optic cable, fiber optic strands ,or any other transmission media owned, IRU -ed or controlled by County on the Premises Side, of the Demarcation Point. 'County Route" is the route of the County Dark Fibers particularly described or depicted or in a Service Order along which the County Dark Fibers are or will be located. "Dark Fiber IRU" or "IRU" is defined in Section 2.2. "Demarcation Point" shall mean a boundary point atlhe splice point or patch point . located at the end of the County Dark Fibers where County Media is joined to the County Dark I Fibers. The side of the Demarcation Point where the ZAYO System including the County Dark Fibers, is located shall be called the "Network Side." The other side of the Demarcation Point shall be called the "Premises Side." "Disconnect Notice" shall mean a written notice from ZAYO to County notifying County of the date on or after which ZAYO may disconnect County's Dark Fiber. "Dollars" or I" shall mean U.S. Dollars. 3 Anoka County Master Fiber JRU 8.14.10 P55 "Duct" shall mean a single, enclosed HDPE tube and space within that tube, including any inaerducts, used to enclose and carry Cable. "Estimated Route Miles' shall mean the Parties' best estimate of total linear miles for the County Route, as set forth in a Service Order. "Events of Force Majeu&' •is defined in Section 21.1. "Facility Owner" shall mean any entity (other than ZAYO): (a) owning any portion of the ZAYO System or any property or security interest therein, or (b) leasing to ZAYO, or providing an indefeasible right of use ("IRU") or similar interest to ZAYO in, any portion of the ZAYO System. "Fiber Acceptance Testing" is defined in Section 7.1. "Fiber Miles" means the number of fiber optic strands in the County Route or the System Route, as the case may be, multiplied by the total number of miles in such route. "Governmental Authorities" shall mean any federal, state, or local (which includes city, county, municipal and regional) government, or tribal government or any public or quasi - public authority. "Grant" is defined in Section 2.1. " Handhole" shall mean a structure similar in function to a Manhole, but which is too small for personnel to enter. As used in this Agreement, the term " Handhole" refers only to handhole structures owned by ZAYO and located on the System Route and does not include Cable or other telecommunications equipment or facilities of ZAYO or any other Person located within such handhole structures. "Impositions" shall mean all taxes, fees, assessments, franchise fees .or charges, license fees or charges, right -of -way fees or charges, encroachment fees or charges, ad valorem taxes, real or personal property taxes, gross receipts taxes, universal service fund assessments, excise taxes, regulatory fees or assessments, license or permit fees, and any other levies, imposts, duties, charges, surcharges or withholdings of any nature, together with any penalties, fines or interest thereon, arising out of the transactions contemplated by this Agreement or imposed, assessed or levied upon the ZAYO System, or any part thereof, or upon the County Dark Fibers, the County Equipment or any other property or facilities of County, or any part thereof, by any Governmental Authority "Initial Service Order". is defined in Section 4.1. "Initial Term" is defined in Section 5.1. "Interest Rate" shall mean the lower of 0) the highest rate permitted by law, or (a) one and one -half percent.(1.5 %) per month, compounded monthly. Anoka County Master Fiber IRU 8.14.10 4 P56 " IRU Charge'.' is defined in Section 4.2. "Lateral Connection"•shall mean one or more Cables, or Duct(s) owned by ZAYO or a third Person that contain County Dark Fibers within the ZAYO. System. "Manhole" shall mean a below ground level enclosure entered through a hole on the surface covered with a cast iron, cast aluminum, steel or concrete manhole cover, which personnel may enter and use for the purpose of installing, operating and maintaining facilities associated with a fiber optic communications system. As used in this Agreement, the term "Manhole" refers only to manhole structures owned by ZAYO and located on the System Route and does not include Cable or other telecommunications equipment and facilities of ZAYO or any. other Person located within such manhole structures. "MSA" is defined in Section 2.1. "Notice of Completion" shall have the definition set forth in Section 7.1. "Party" shall mean each of ZAYO and County and "Parties" shall mean ZAYO and County. "Permits" mean each of and collectively, all laws, statutes, codes, orders, rules, regulations grants, authorizations, consents, approvals, permits, licenses and any other authorizations, other than Underlying Rights, of third Persons with respect to (i) the construction, installation, repair, maintenance, operation or use of tangible or intangible property, as the case may be, (ii) the provision of a service or performance of an act or (iii) any requirement by a governmental authority for the engagement in a. business or enterprise, to the extent any of (i), (ii) or (iii) foregoing are applicable to the- performance of obligations or exercise of rights by either Party under this Agreement. "Permitted Use" is defined in Section 2.3. "Person" shall mean any individual, corporation, partnership, limited liability company, joint venture, association, joint -stock company, trust, unincorporated organization, government or any agency or political subdivision thereof or any other entity' .- "Point -to- Point" shall mean a contiguous assembly of the ZAYO System that starts and ends at different locations as generally identified in each individual Service Order, as applicable. "Pro Rata" shall mean such proportionate share being measured as the number of County Dark Fibers relative to the total number of fibers on a Segment. "Project" is defined in Section 2.1. "Renewal Term" is defined in Section 5.1. "Ring" shall mean a contiguous assembly of the ZAYO System that starts and ends at the same location as-generally identified in each individual Service Order, as applicable. Anoka County Master Fiber IRU 8.14.10 P57 "Route Miles" shall mean, with respect to each Service Order, the number of linear route miles (to the nearest thousandth of a mile) as constructed. "Routine Maintenance" is defined in Section 10.1(a). "Segment! ' shall mean one of the discrete segments, spans or portions of a Ring, Lateral Connection, or any portion of the Zayo System, as generally identified in each individual Service Order, as applicable. "Service Affecting Condition" shall mean any damage to or failure of the ZAYO System that interrupts County's ability to transmit light through the County Dark Fibers. A Service ! Affecting Condition begins when ZAYO is noted or becomes aware of an interruption, !; whichever first occurs. A Service Affecting Condition continues until the interrupted County Dark Fibers are restored to the specifications attached hereto as Exhibit E, and are again available to County. "Service Order" is defined in Section 3.1. "Service Term" is defined in Section 5.2. "System Route" shall mean actual route of the ZAYO System as generally identified in each individual Service Order. "Term" is defined in Section 5.1. "Termination Charge" shall mean one hundred percent (100 %) of the IRU Charges remaining for the - then applicable Term, plus any and all installation charges, reasonable construction costs or other charges or costs which have been incurred by Zayo in providing Customer with County Dark Fibers. • "Underlying Rights" shall mean all deeds, IRUs, easements, rights -of -way agreements, licenses, franchises, grants, contracts and other rights, titles an(I interests to use real property of any third Person, which are necessary for the construction, placement, location, installation, operation, use, IRU, rental, maintenance, repair or replacement by ZAYO or County, as the case may be, of the ZAYO System, Ducts, County Equipment, Cable or County Dark Fibers. "ZAYO System" shall mean any combination of an integrated multi - Cable, multi -ring fiber optic communication system comprised of Cable and Ducts, Lateral Connections, and the Manholes and Handholes located therein. As used in this Agreement, the term "ZAYO System" refers only to the multi - Cable, multi -ring fiber optic communication system owned, all-ed or controlled by ZAYO and does not include any communications equipment, electronics, optronics or. other facilities of ZAYO or any other Person located within the ZAYO System. 2. Grant of Rights in the ZAYO System . 2.1 Grant Award, Conditions. Zayo has applied for and received an NTIA grant ("Grant "). The Grant will be used' in part to construct and install fiber optic facilities and r Anoka County Master Fiber 1RU 8.14.10 W-1 equipment to connect County's government, educational and public safety locations within Anoka County, Minnesota as detailed in the Initial Service Order (the "Project "), The Project is estimated to cost approximately $19.12 million dollars. The Grant award will contribute seventy percent (70 %) of the Project costs. Pursuant to Section 4.1, County shall make a Contribution to the Project cost. The Parties expressly acknowledge that receipt of the full Grant award is a condition precedent to the enforceability and validity of obligations under this Agreement. In the event that the Grant is terminated for any reason before completion of the Project, both Parties shall be excused from performance under this Agreement, without any further liability hereunder. Further, as a second condition precedent to the enforceability and validity of obligations under this Agreement, Zayo and County shall enter into and execute that certain Wholesale Master Service Agreement ( "MSA ") executed of even date herewith between the Parties, whereby County shall receive certain lit services from Zayo as provider thereunder. 2,2 Rights. The rights granted by ZAYO in the County Dark Fibers constitute an indefeasible right of use. As of the Acceptance Date for the County Dark Fibers in each Service Order, ZAYO grants to County (a) the right to use'the number of fiber optic strands of the Cable set forth in each Service Order, which fibers will be specifically identified by ZAYO in the ZAYO System (the "County Dark Fibers "), and (b) the associated and nonexclusive limited right to use the ZAYO Underlying Rights, all such rights upon and subject to the terms and conditions set forth in this.Agreement (collectively, the "Dark Fiber IRU" or "IRU"). 2.3 Use of County Dark Fibers. Except as expressly set forth herein, the Dark Fiber IRU does not include the right of County to own, control, maintain, modify or revise the County Dark Fibers, the right of physical access to the ZAYO System, the right to encumber the ZAYO System in any manner, or the right to use the ZAYO System. The County Dark Fibers may only be used by -the County to serve quasi - government, government, education or public safety institutions, provided that such use shall not directly or indirectly compete with Zayo ("Permitted Use "). 2.4 Interest Granted herein. Neither this. Agreement nor the Dark Fiber IRU granted hereby conveys any form or type of title in any real or personal property, including the ZAYO System, any Ring, any Segment, the County Dark Fibers or any portion of any of the foregoing. The IRU contained in this Agreement does not include any equipment used to transmit capacity over or to "light" the County Dark Fibers.. The Parties intend that this Agreement constitutes a true IRU of the County Dark Fibers and not a sale of the County Dark Fibers. 2.5 Ownership and Title. During the Term, legal title to. and sole ownership of the County Dark Fibers, Duct, the Cable, the Manholes, the Handholes, Lateral Connections and any property installed or constructed on any Segment and/or Ring, shall be retained and held by ZAYO, or other Facility Owner(s). County's rights hereunder shall be deemed an MU, subject to the terms of this Agreement. Neither the IRU, rental or other provisioning of the County Dark Fibers or any other facilities or services by .ZAYO to County, nor the payment by County of the IRU Charge or other charges therefore to ZAYO shall constitute, create or vest in County any easement, license or any ownership interest or real property right or interest whatsoever in the County Dark Fibers, Duct, Cable, Manholes, Handholes, Lateral Connections or other facilities. 3, The ZAYO Svstem 7• Anoka County Master Fiber IRU 8,14.10 P59 •.m 3.1 Request for Service Order. County has requested certain services and ZAYO has agreed to provide such requested services as documented in the Initial Service Order. From time to time, County may request additional. services from ZAYO. If ZAYO accepts such a request, the Parties will execute a service order, substantially in the form of Exhibit B attached hereto and made a part hereof (a "Service Order") setting forth, without limitation, the number of County Dark Fibers, the County Route, the Demarcation Points, the System Route, the IRU Charge and. all fees and any other relevant terms agreed upon by the Parties. As used in this Agreement, references to "Service Order" shall include the Initial Service Order.. Upon execution by ZAYO and County, each new Service Order is automatically incorporated into and subject to the terms of this Agreement. In the event of any conflict or inconsistency between the terms and conditions of a Service Order and the terms and conditions of this Agreement, the Service Order shall control. 3.2 Route, The ZAYO System generally will follow the route and will connect the County Route as generally identified in each individual Service Order. ZAYO shall use commercially reasonable efforts to deliver to County the County Dark Fibers for each Service Order as soon as practicable, but in no event shall the Initial Service Order be delivered any later than is mandated by the Grant guidelines. 3.3 Route Selection. The specific route and location of each Segment, Ring and Lateral Connection of the ZAYO System, including the specific location of Manholes and Handholes, is subject to ZAYO's absolute discretion. ZAYO shall take into consideration any of County's input, interest and concerns with respect to material changes in the route design of the Initial Service Order. At the end of each Lateral Connection and /or Point -to- Point, as applicable, ZAYO will terminate the County Dark Fibers at a fiber distribution panel, fiber splice kit or other appropriate terminal apparatus as determined by ZAYO and specified in the applicable Service Order. 3.4 Route from Facility Owner. Notwithstanding anything to the contrary contained in this Agreement, if applicable, ZAYO may elect to acquire any portion of the ZAYO System from Facility Owner(s) (whether by IRU, sub -IRU, indefeasible right of use or otherwise) in lieu of constructing and installing the ZAYO System with respect to such portion. 3.5 Subcontractinu. Notwithstanding anything to the contrary contained in this Agreement, ZAYO may assign or subcontract to a third Person any or all of ZAYO's duties or obligations to County under this Agreement ('including ZAYO's duties or obligations under Sections 6, 7, 9 and 10 herein), provided that ZAYO shall remain obligated to County under the terms of this Agreement for any such duties. ZAYO will endeavor to utilize subcontractors based in Anoka County, Minnesota. 4. Payment 4.1 Consideration for Dark Fiber IRU for Initial Service Order. County shall contribute a total of fifteen percent (15 %) of the total Project cost, such contribution amount aggregating up to $2,867,698 ( "Contribution ") pursuant to Section 4.2, and in consideration of such Contribution, County shall receive the County Dark Fibers identified in the attached Exhibit A ("Initial Service Order"). . 8 Anoka County Master Fiber IRU 8.14.10 P61 4.2 Consideration for Service Orders. Except for the Initial Service Order, a Service Order shall specify any IRU Charges due thereunder. "IRU Charge shall mean the Contribution, any recurring charges, non- recurring charges, together with the County Maintenance Fee. Any Lateral Connections requested by County not contained in the Initial Service Order shall be memorialized in a separate Service Order and shall include any IRU Charges for the requested Lateral Connections. . 4.3 • Payment of Contribution. Pursuant to Grant guidelines, anytime ZAYO requests any portion of the Grant funds to be released, ZAYO shall send County an invoice for its proportionate share 'of such draw. County shall pay the requested portion of its Contribution within fifteen (15) days of the invoice date. For example, if ZAYO wants to make a total draw of $100,000 for Project construction, ZAYO requests a seventy percent (70 %) contribution, or $70,000, from the Grant and invoices County for its proportionate share of fifteen percent (15 0/6), or $15,000. Subject to Section 19(a), failure to make any Contribution when due shall constitute a material breach of this Agreement and the MSA and shall entitle ZAYO to all remedies it may have pursuant to this Agreement, the MSA or at law or in equity. 4.4 Payment of Recurring Charges. If a recurring charge, inclusive of the County Maintenance Fee, is specified in a Service Order, ZAYO will invoice County in advance of each period (but not more than thirty (30) days in advance) for the recurring charge and County will pay the recurring charge within thirty (30) days of the invoice date. Unless otherwise provided in the Service Order, ZAYO will begin to invoice the recurring charge on the Acceptance Date. Invoices for partial months will be prorated. 4.5 Charges for Routine Maintenance. .If County routine maintenance fees are included in the respective Service Order, County agrees to pay ZAYO for such Routine Maintenance throughout the Term as identified in such individual Service Order (the "County Maintenance Fee"). The County Maintenance Fee shall be adjusted annually effective December 31st of each year to reflect the CPI Adjustment,.not to exceed three percent (3 %) since the Acceptance Date, provided that in no event shall the amount be less than that for the preceding year. Within thirty (30) days after the Acceptance Date of each Segment, ZAYO shall send an invoice for the first monthly County Maintenance Fee for such Segment prorated to cover only the remaining portion of the then current month. 4.6 Tate Payment. If County fails to make any payment under this Agreement when due, then, in addition to such sum and to any other rights and remedies that ZAYO may have, County shall pay interest on such .unpaid amount at the Interest Rate. Notwithstanding the foregoing, no interest shall accrue on any payinent that is disputed in good faith by County while such dispute is pending. If such dispute is later resolved in favor of ZAYO, such amount shall bear interest from the date when due until paid at the Interest Rate. 4.7 Miscellaneous Payments. In addition to the amounts payable under each respective Service Order, County shall be responsible to pay directly or reimburse ZAYO, as requested by ZAYO, for all other sums, costs, fees 'and expenses that are required to be paid under this Agreement. Except for the IRU Charge (which is payable as specified 'above), ZAYO Will invoice County for all sums, costs, fees and expenses owed by County to ZAYO, and County shall pay such invoices within thirty (30) days of the invoice date. ZAYO reserves the Anoka County Master Fiber IRU 8,14. 10 right to direct payment of the IRU Charge, and any other fees or charges to ZAYO or to any other party. m 4.8 No Deduction. All payments made by County under this Section 4 shall be ade without any deduction, offset or withholding. if County has a dispute as to any amounts due hereunder, including IRU Charges, County must provide written notice to ZAYO specifically identifying all disputed IRU Charges within forty -five (45) days after the date of the affected invoice or else the County waives the dispute. If pursuant to an investigation into the disputed amounts ZAYO determines that the County did not owe such amounts, ZAYO shall refund the same within thirty (30) days of determination. 5. Term and Renewal 5.1 Term of Agreement. The term of this Agreement will y commence upon the Effective Date and subject to Sections 11,19 and 20 will terminate twee 20 ) years from the Effective Date unless earlier terminated in accordance with this Agreement (the "Initial Term "). Notwithstanding the above, unless County provides Zayo with sixty (60) days' written notice prior to the end of the Initial Term, or the then current Renewal Term, this Agreement shall automatically renew for twenty (20) consecutive five (5) year periods ("Renewal Term(s)" and collectively with Initial Term; the "Term"). The Term shall be subject to the useful life of the County Dark Fibers. If the County Dark Fiber naturally deteriorates and becomes unable to be used for its intended purpose of transport services, ZAYO shall have no obligation to replace the County Dark Fibers in such instance. In such instance, ZAYO shall notify County and ZAYO may elect to terminate this Agreement. 5.2 Service Order Term. Each Service Order placed under this Agreement shall terminate on the earlier of (i) the expiration or termination of the Service Order, or (ii) the termination or expiration of this Agreement ( "Service Term "). In no event will new Service Orders under this Agreement be permitted if the Agreement has expired or been terminated. The Dark Fiber IRU and Service Term for County Dark Fibers shall commence on the relevant Acceptance Date for the County Dark Fibers described in the Service Order, and shall extend for the Term. 6. Construction of the ZAYO System 6.1 Areas of Responsibility. ZAYO shall have full and complete control and responsibility for determining any routing configurations of the ZAYO System and the location and configurations of all Lateral Connections, Manholes and Handholes. County shall have the right, upon written request, to inspect the installation, splicing and testing of the County Dark Fibers; provided that County shall not enter a Manhole or access a Handhole. County shall have full and complete control and, sole responsibility for selecting, purchasing and installing all County Equipment, for determining County network and service configurations or designs, for regrooming, rearrangement or consolidation of channels or circuits with regard to the use of the County Dark Fibers. 6.2 Areas of Responsibility - Lateral Connections. If the County Dark Fibers are to be placed in Lateral Connection(s) by ZAYO, County shall obtain for the benefit of ZAYO (per Section 12.1), for the Term of the applicable Service Order, all private rights of access necessary 10 Anoka county Master Fiber IRU 8.14.10 P62 P63 for ZAYO to terminate any such Lateral Connections to access. the County Dark Fibers, and install, splice, maintain, repair and replace the County Dark Fibers therein. 6.3 Route DggM County acknowledges that, for portions of the System Route on which construction has not begun, if any, as of the Effective Date of this Agreement, deviations . in the Zayo System Route or County Route, including material deviations from the Estimated Route Miles, are possible. ZAYO shall take into consideration any of County's input, interest and concerns with respect to material changes in the route design of the Initial Service Order. 7. Testing and Acceptance of Connie Dark Fibers 7.1 Fiber Acceptance Testinu. ZAYO shall test the County Dark Fibers ("Fiber Acceptance Testing "). ZAYO shall provide County reasonable advance notice of the date and time of each Fiber Acceptance Testing such that County shall have the. opportunity to have County personnel present to observe the Fiber Acceptance Testing. When ZAYO has determined that the results of the Fiber Acceptance Testing show that the County Dark Fibers, with respect to all Segments included within a Service Order, have been installed and are operating in conformity within the ZAYO specification, as detailed in Exhibit E ("Acceptance Specifications "), ZAYO shall promptly provide County written notice of the same (a "Notice of Completion," as generally set forth in Exhibit C attached hereto and incorporated herein) and a copy of such test. results. 7.2 Notice of Completion. Within ten (10) business days of receipt of the Notice of Completion, County shall return to ZAYO the Notice of Completion either (i) accepting the County Dark Fibers with respect to such Service Order, or (ii) rejecting the County Dark Fibers with respect to such Service Order, If County rejects the County Dark Fibers with respect'to a Service Order, County shall also specify in writing, in reasonable detail, the defect of failure in the Fiber Acceptance Testing. If County fails to notify ZAYO of its acceptance or rejection of the Notice of Completion within ten (10) days following County's receipt of the same, County shall be deemed to have accepted the County Dark Fibers with respect to such Service Order. The date of such notice of acceptance or deemed acceptance of the County Dark Fibers with respect to an entire Service Order shall be the "Acceptance Date." In the event of any good faith rejection by County, ZAYO shall take such action as reasonably necessary, and as expeditiously as practicable, to correct or cure such defect or failure, and the process of Fiber Acceptance Testing, notice to County and acceptance shall be repeated with.respect to such rejected County Dark Fibers. The foregoing notwithstanding, if County uses any portion of the County Dark Fibers prior to acceptance, other than for testing County Equipment, such use shall constitute acceptance of such portion of such County Dark Fiber, with an Acceptance Date effective as of the earliest documented use by County. S. Installation of County Equipment 8.1 Equipment Responsibility. The installation, use, repair, maintenance and replacement of County Equipment shall be the sole responsibility of County, and ZAYO shall have no obligation or liability under this Agreement or otherwise to install, maintain, repair or replace any County Equipment. 8.2 No Interference. County shall not use its facilities, including without limitation 11 Anoka County Master Fiber IR.0 8.14.10 P64 . the County Dark Fibers and the County Equipment, in a way that interferes in any way with or adversely affects the use of the ZAYO System or any Cable therein or. other equipment and facilities of any Person (including. ZAYO) using the ZAYO System. County's facilities, including without limitation the County Dark Fibers and the County Equipment, shall not endanger or damage the ZAYO System and shall not create an unreasonable risk of damage to property or injury or death to any individual or to the public. County acknowledges that the ZAYO System includes or will include other participants, including ZAYO and other owners and users of telecommunications systems. 8.3 Periodic Inspection. Up to the Demarcation Point on the Network Side, ZAYO shall have the right, but not the duty, to make periodic or spot inspections of, to be present at, and to monitor any access to or work by County relating to any County Manholes and County Handholes. Such inspections and monitoring maybe conducted for the purpose of deterunning whether facilities placed in the County Manholes or County Handholes and work relating thereto are in compliance with the terms of this Agreement. ZAYO may charge County for the Costs of inspection and monitoring only if the inspection or monitoring reflects that County is in substantial non - compliance with 'the terms of this Agreement. If ZAYO reasonably determines ` that any work or facilities is not in compliance with the terms of this Agreement, County shall, upon written notice from ZAYO, bring its work and facilities into material compliance within forty -eight (48) hours of such written notice or, at a minimum, commence curative measures within twenty -four (24) hours and exercise reasonable diligence to complete such measures as soon as possible thereafter. If County fails to at least commence corrective measures within i twenty -four (24) hours of ZAYO's notice, then ZAYO may take any action it deems appropriate to correct the non-compliance, including directing immediate suspension of work relating to the ZAYO System. Failure of County to bring its work or facilities into compliance as aforesaid shall constitute a material breach under this Agreement. 8.4 Health and Safety. If ZAYO, in its reasonable discretion, determines that conditions exist within the ZAYO System that pose an immediate threat of damage to property, injury to or death of any Person, or that a violation exists of any. of the Permits, then ZAYO may direct that all work or use by County or others relating to the ZAYO System, including the County Dark Fibers, be immediately suspended until the violation or condition is corrected to ZAYO's satisfaction. Neither Party, shall be liable for or entitled to any damages for such suspension. If any condition or violation is a direct or indirect result of County's use of the County Dark Fibers or County Equipment, County shall pay and reimburse ZAYO for one hundred percent (100 %) of all Costs incurred by ZAYO in taking corrective action within thirty (30) days of the date of ZAYO's invoice therefore. 9. Construction Services Notwithstanding anything contained in this Agreement to the contrary, any and all work with respect to the County Dark Fibers and the ZAYO System shall be performed solely by ZAYO with respect to the Initial Service Order. In addition, from time to. time, ZAYO may provide construction services ("Construction Services ") in ;the form of installation of Duct, conduit, Lateral Connection(s), optical fibers,. splicing and testing of such fibers, and construction of manholes and handholes. If County requires a lateral connection to the Zayo System, consistent with Minnesota law, Zayo shall have the right to match any bid by a third party to construct a lateral connection to the Zayo System for any additional locations. Any 12 Anoka County Master Fiber IRU 8.I4.10 splicing or connection to the Zayo System shall be performed by Zayo pursuant to Exhibit D. Prior to the commencement of any Construction Services pursuant to this Section 9, the Parties will mutually agree upon pricing, terms and conditions, and both Parties shall execute a separate agreement for such Construction Services. 10. Maintenance and Repair of the ZAYO System 10.1 Maintenance Procedures. From and after the Acceptance Date for the County Dark Fibers in a Service Order, the maintenance of such County Dark Fibers shall be provided in. accordance with the maintenance requirements and procedures set forth in Exhibit D. County agrees to reimburse ZAYO for Costs incurred by it for non - Routine Maintenance in accordance with the provisions of this Section 10 and Exhibit D. (a) Routine Maintenance. During the Service Term, ZAYO shall provide, or cause to be provided by contractors selected by ZAYO, all required Routine-Maintenance of the ZAYO System and the County Dark Fibers in accordance with the provisions set forth in Exhibit D. "Routine Maintenance" means the work specifically identified as Routine Maintenarce in Exhibit D, provided that Routine Maintenance excludes (i) work for which County is obligated-to reimburse ZAYO pursuant to other Sections of this Agreement (including Section 9), (ii) work necessitated by County's negligence or willful misconduct, or (iii) County's elective maintenance or repair requests. . . ' (b) Non- Routine Maintenance. In the event that an event of non - Routine Maintenance relates to (i) work necessitated by County's negligence or willful misconduct or (ii) County's elective maintenance or repair requests, County shall pay and reimburse ZAYO for one hundred percent (100%) of all. Costs actually incurred by ZAYO in connection with such non-Routine Maintenance, within thirty (30) days of County's receipt of ZAYO's invoice therefore. All other non-Routine Maintenance costs actually incurred, and not reimbursed by a third party, shall be paid by County pursuant to its Pro Rata Share. 10.2 Service Affecting Condition. From and after the Acceptance Date with respect to the County Dark Fibers in each Service Order, in the event that A Service Affecting Condition exists in all or any part of.the ZAYO System, ZAYO shall use commercially reasonable efforts to resolve such Service Affecting Condition utilizing the procedures described in Exhibit D. Notwithstanding anything contained herein to the contrary, ZAYO shall not incur any liability to County by reason of a Service Affecting Condition, except its obligation to resolve such Service Affecting Condition as set forth in this Section 10.2, and Count'y•shall not be entitled to any credits or for any other payment paid: or to be paid by County pursuant to this Agreement by reason of such Service Affecting Condition. A Service Affecting Condition shall specifically exclude any condition that is caused by the County Equipment. 10.3 Access to ZAYO System. County shall have no right whatsoever to physically access the ZAYO System or, the Cable, or to maintain, splice, adjust,•align, cut, repair or replace the County Dark Fibers or ZAYO System, or attempt to do any of the foregoing. 11. Underlying Rights, Relocation 11.1 ZAYO's Underlying Rights. Anoka County Master Fiber IRU 8.14.10 Subject to the terms and provisions of this 13 P65 Agreement, ZAYO agrees that it has or will obtain prior to the Acceptance Date for the County Dark Fibers described in a Service Order,'and will maintain during the Service Term for such County Dark Fibers, all Underlying Rights necessary for ZAYO's construction, installation, maintenance and repair of the ZAYO System and for ZAYO's grant to County of the use of the County Dark Fibers in the manner contemplated by this Agreement. ZAYO shall not be in breach of the representation and warranty in the preceding sentence during any period when ZAYO is seeking to renew or extend existing Underlying Rights, and.such Underlying Rights have not yet been renewed or extended, and the grantor of such Underlying Rights has not given ZAYO notice of default under or non - renewal of the Underlying Rights; provided, however, that (i) County's use of the County Dark Fibers is not in any way impacted or impaired by such delays and (ii) ZAYO agrees to indemnify, defend, protect and hold harmless the County Indemnified Persons from and against, and assumes liability for, all Claims arising out of or related to such delays. The Dark Fiber IRU is subject to the terms of ZAYO's Underlying Rights, and subject to the terms under which ZAYO's Underlying Rights are owned or held by the grantor of the Underlying Rights, including covenants, conditions, restrictions, easements, reversionary and other interests, bonds, mortgages and indentures, and, other matters, whether or not of record, and to the rights of tenants and licensees in possession. The Dark Fiber IRU granted hereunder is further subject and subordinate to the prior right of the grantor of ZAYO's Underlying Rights to use the rights -of -way for other activities, including railroad operations,. telecommunications uses, pipeline operations or any other purposes, and to the prior right of ZAYO to use its rights granted under ZAYO's Underlying Rights. 11.2 Relocation. If, after the Acceptance Date with respect to any Segment, ZAYO is required -by a third Person with legal authority to so require (including the grantor of an Underlying Right) or by the occurrence of an Event of Force Majeure, or if County agrees to; relocate any portion of the ZAYO System, with respect to such Segment, including any of the facilities used or required in providing the Dark Fiber IRU, ZAYO shall have the right either to proceed with such relocation, including the right, in good faith, to reasonably determine the extent of, the timing of, and methods to be used for such relocation, or (if applicable) to pay such amounts to the Person requiring such relocation as are necessary to avoid the need for such relocation. In the event of any such relocation, ZAYO shall use commercially reasonable efforts to m;nimie any service interruptions. County shall pay its Pro Rata share of the costs to either relocate such Segment or payment for the avoidance of relocation of such Segment. 12. Operation and Use of the ZAYO System 12.1 County's Operations. County shall use and operate the County Dark Fibers, the County Equipment, and maintain, repair and replace the County Equipment, in compliance with and subject to the Permits applicable to County. Notwithstanding anything to the contrary contained herein, it shall be County's sole responsibility to secure, or cause to be secured, prior to the Acceptance Date for each Segment, and maintain in full force and effect during the Term, any and all Underlying Rights and Permits that are necessary or required to be obtained by County for the use and operation of the County Dark Fibers, the County Equipment by County. Upon request of ZAYO, County will deliver to ZAYO copies of such County Underlying Rights and Permits. 12.2 No ]Liens. ZAYO agrees and acknowledges that it has no right to use the County Dark Fibers during the Term hereof and that, from and after the Acceptance Date for any County 14 Anoka County Master Fiber MU $.14.10 .TWA Dark Fibers, ZAYO shall keep the County Dark Fibers free from (a) any liens or encumbrances of any third Person attributable to ZAYO and (b) any other rights or claims of any third Person attributable to ZAYO, which in either case are superior to the rights of County. Notwithstanding the foregoing sentence, such representations by ZAYO shall not include any liens or other interests in the County Dark Fiber or any part of the ZAYO System created through the Grant. 12.3 Use of County Dark Fibers. Subject to the limitations set forth in this Agreement, County shall use the County Dark Fibers solely for the Permitted Use and solely for lawful purposes. In no event whatsoever shall County directly or indirectly transfer, sell, assign, condo, swap, exchange, IRU, sub -IRU, license, sublicense, resell or grant indefeasible or other rights of use in or to all or any part of the County Dark Fibers or County's interest therein, or enter into any other arrangement with any Person for such Person's use of all or any part of the County Dark Fibers; provided, however that County may so transfer a limited interest in its County Dark Fibers if such transfer is consistent with the Permitted Uses. County agrees and acknowledges that it has no right to use any of the Cable that is part of the ZAYO System, other than the County Dark Fibers. County shall keep any and all of the ZAYO System free from any liens, rights or claims of any third Person attributable to County. Any transfer, assignment or other action in violation of this Section 12.3 shall constitute a material breach of this Agreement and shall, in addition to any other remedies available to it, entitle ZAYO to terminate this Agreement without any liability to County or the repayment of the IRU Charge or any other fees or charges paid by County. 12.4 Damage to ZAYO System. County and ZAYO shall promptly notify each other of any matters pertaining to, or the occurrence (or impending occurrence) of, any. event which would be reasonably likely to give rise to any damage or impending damage to .or loss of the ZAYO System that are known to such Party. I ' 12.5 Compliance with Pe'rm'its. County and ZAYO each agrees to cooperate with / and support the other in complying with any Permit information request to their respective rights and obligations hereunder. Without limiting the generality of the foregoing, County agrees to provide- to ZAYO, promptly upon request by ZAYO, a detailed description of its uses of the County Dark Fibers and any other information regarding its use of the County Dark Fibers reasonably requested by ZAYO in order to enable ZAYO to comply with any reporting requirements imposed on ZAYO. 13. Indemnification 13.1 Mutual Indemnity. Subject to the provisions of Section 14, each Party, on behalf of itself and its Affiliates, and their respective employees, officers, directors and agents ("Indemnitor "), to the extent permitted by law, hereby agrees to indemnify, defend, protect and - hold harmless the other Party and its Affiliates, and their respective employees, officers, directors and agents (the "Indemnified Persons "), from and against, and assumes liability for all suits, actions, damages, claims, losses, fines, judgments, costs and expenses (including reasonable attorneys', accountants', experts' fees and disbursements and costs of appeal) of any kind or character ( "Claims ") suffered or incurred by theludemnified Persons or any of them (a) because of the death of any Person, or any injuries or damage received or sustained by any Persons or property (including without limitation, the ZAYO System), which in whole or in part 15 Anoka County Master Fiber IRU 8.14.10 P67 arise on account of the willful misconduct or grossly negligent acts or omissions, of the Indemnitor in the performance or non - performance of its obligations or exercise of its rights under this Agreement, including any material violation by Indemnitor of any regulation, rule, statute or court order of any governmental authority applicable thereto; (b) under the Workers' Compensation laws asserted by any employee of the Indemnitor or any of its agents, contractors, customers or any other Person providing goods or services for or on behalf of any of the foregoing in connection with this Agreement; (c) because of the violation of any Permits by the Indemnitor; or (d) arising out of, caused by, related to or based upon a contractual or other relationship between such claiming party and the Indemnitor, as it relates to the County Dark Fibers, the County Equipment, the Underlying Rights, the Permits or this Agreement. Additionally, County, as Indemnitor, hereby agrees to indemnify, defend, protect and hold harmless the ZAYO Indemnified Persons from and against any Claims arising out of or resulting from (i) County's use or operation of the County Dark Fibers, or the use, operation, installation, repair, maintenance or replacement of the County Equipment, (ii) the conduct of County's business, including without limit, the provision of any services or the content of any video, voice or data carried through the County Dark Fibers, including any claim for interruption of service or in respect of service quality, (iii) County's customers or (iv) violation by County of any. Underlying Rights. An Indemnitor's indemnification obligations hereunder shall not be applicable to any Claims to the extent caused by the negligence, intentional acts or omissions or I willful misconduct of the Indemnified Persons. 13.2 Indemnification Notice. Any Indemnified Persons seeking indemnification hereunder shall promptly notify County or ZAYO, as appropriate, of the nature and amount of such Claim and the method and means proposed by the Indemnified Persons for defending or satisfying such Claim. Failure of the Indemnified Persons to timely give such notice to Indemnitor shall relieve the Indemnitor of its indemnity obligations hereunder only to the extent it is prejudiced or damaged by such failure. The Parties shall consult and cooperate with each other,. at their individual cost and expense, respecting the defense and settlement of such Claim; however, Indemnitor shall have sole control, including the selection of, and direction to, legal counsel for any action or litigation of the Claims and all negotiations for the' settlement or compromise of the Claims, except that Indemnitor may not make any non - monetary settlement or compromise without the Indemnified Persons' consent, which consent shall not be unreasonably withheld. Nothinig herein shall be deemed to prevent the Indemnified Persons from participating in the defense and/or settlement of any Claim by Indemnified Persons' own counsel at the Indemnified Persons' own expense. No Indemnified Persons shall take any action to settle, to compromise or otherwise make any payment, admission or statement to or for the benefit of any third party claimant without Indemnitor's written consent. 13.3 Indemnification Rights Against Third Parties. Nothing contained herein shall operate as a limitation on the right of either Party hereto to bring an action for damages against any third Person, including indirect, special or consequential damages, based on any acts or omissions of such third Person as such acts or omissions may affect the construction, operation or use of the County Dark Fibers or the ZAYO System, except as may be limited by Underlying Rights or Permits; provided, however, that each Party hereto shall assign such rights or claims, execute such documents and do whatever else may be reasonably necessary to enable the other Party to pursue any such action against such third Person. 13.4 County's Release of Grantor. Notwithstanding the foregoing provisions of this 16 Anoka County Master Fiber IRU 8.14.10 [7:x:3 Section 13, to the extent ZAYO is required under the terms and provisions of any Underlying Rights to indemnify the grantor or provider thereof from and against any and all Claims arising out of or related to such Underlying Rights, regardless of the cause and regardless of whether such Claims arise from the sole or partial negligence, actions or inaction of such grantor or provider or its employees, servants, agents, contractors, subcontractors or other Persons using the property covered by such Underlying Right, County hereby releases such grantor or provider from the same, regardless of whether such Claims arise from the sole or partial negligence, willful misconduct or other action or inaction, of such grantor or provider or its employees, servants, agents, contractors, subcontractors or other Persons using the property covered by such Underlying Right. 14. Limitation of Liability 14.1 NEITHER ZAYO NOR THE COUNTY SHALL BE LIABLE FOR SPECIAL OR PUNITIVE DAMAGES OF ANY KIND UNDER ANY CIRCUMSTANCE WHATSOEVER. IN ADDITION, NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, NEITHER ZAYO OR ITS AFFILIATES SHALL BE LIABLE NOR RESPONSIBLE TO COUNTY OR ITS AFFILIATES OR CUSTOMERS FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL COSTS, LIABILITIES OR DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING WITHOUT LIMITATION AS APPLICABLE, ECONOMIC LOSS OR LOST BUSINESS OR PROFITS, DAMAGES ARISING FROM THE USE OR PERFORMANCE OF THE ZAYO SYSTEM, THE COUNTY DARK FIBERS, EQUIPMENT OR SOFTWARE OR DAMAGE TO OR LOSS OF USE THEREOF, ANY INTERRUPTION OF SERVICE, OR ANY DELAY, ERROR_ OR LOSS OF DATA OR INFORMATION ARISING 114 ANY MANNER OUT OF, OR IN CONNECTION WITH, THIS AGREEMENT AND ZAYO' S PERFORMANCE OR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THIS- AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY), ALL CLAIMS FOR WHICH ARE HEREBY SPECIFICALLY WAIVED. 14.2 ' Claims Limitations. The Parties expressly agree that no' claim for losses or damages whatsoever in connection with this Agreement shall be made more than two (2) years after the date that the event giving rise to such claim is known or reasonably should have been known to the Party malting such claim, and no claim for indemnity under the provisions of Section 13 shall be made more than twO (2) years after the first notice of any claim received by the Party claiming under such indemnity provision. 14.3 Maximum Liability. Notwithstanding any provision of this Agreement to the contrary, until the Acceptance Date of the Initial Service Order, the maximum liability of County or Zayo in connection with this Agreement shall be limited, in the aggregate, to the IRU Charge due from County hereunder; provided, however, that this limitation of maximum liability shall not apply to damages arising from the willful misconduct of County or ZAYO , . and provided further, that this limitation shall not restrict either Party's right to proceed for injunctive relief. After the Acceptance Date of the Initial Service Order, the maximum liability of County or Zayo in connection with this Agreement shall be limited, in fhe aggregate, to Fifty Thousand Dollars ($50,000); provided, however, that this limitation of maximum liability shall not apply to damage's arising from the willful misconduct of County or ZAYO; and provided Rutller, that this limitation shall not restrict either Party's right to proceed for injunctive relief. 17 Anoka County Master Fiber IRU 8.14.10 P70 15. Insurance 15.1 Insurance Limits. During the Tenn, each Party shall obtain and maintain not less than the insurance set forth below: Workers' Compensation: (A) Workers' Compensation: Statutory (B) Employer's Liability: (1) Bodily Injury by Accident, for Each Accident: $1,000,000 (2) Bodily Injury for Each Employee by Disease: $1,000,000 (3) Policy Limit. for Bodily injury by Disease: $1,000,000 Commercial General Liability: Written to include coverage for:'Broad Form Property Damage; Bodily Injury; Personal Injury; Blanket Contractual Liability; Products /Completed Operations. (A) Combined Single Limit per Occurrence: $1,000,000 (B) General Aggregate: $1,000,000 (C) . Fire Legal Liability per Occurrence: $1,000,000 (D) . Medical Expense per Person per Occurrence: $1,0.00,000 This policy will be primary and non - contributory. Automotive Liability: Such policy will include coverage for all vehicles owned, hired, non - hired, non -owned and borrowed by contractor in the performance of the obligations covered under this Agreement. Combined Single Limit: $1,000,000 Umbrella Liability: . Combined Single Limit: $5,000,000 The above minimum requirements as to insurance coverage shall not limit the liability of either Party under this Agreement. The above limits may be satisfied using a combination of primary and excess coverage. 15.2 Insurance Requirements, Each Party shall obtain and maintain the insurance policies required above with insurance and/or reinsurance companies authorized to insure risks in the state where the ZAYO System is located and any other state as applicable, and having an A.M. Best Rating of A- or better. With the exception of worker's compensation, each Party, its Affiliates, and their officers, directors and employees, and any other Person entitled to I ! indemnification hereunder, shall be named as additional insureds to the extent of such indemnification. With respect to ZAYO, the additional insured language should read "Zayo Bandwidth, LLC, and its subsidiaries and affiliates and the officers, directors and employees are named additional insureds." Each Party, shall provide the other Party with a certificate of insurance showing that the Party has complied with the insurance requirements of this Section. Each insurance policy shall contain a provision providing the other such Party with thirty (30) days advanced notice of any cancellation or material change in coverage at which time such Party will notify the other Party immediately of such cancellation or material change in 18 Anoka County Master Fiber IRU 8.14.10 P71 coverage. 15.3 Deductible I Self Insured Retentions. All proof of insurance shall clearly set forth deductible or self insured retentions. Each Party shall be responsible for. its deductible and/or self insured retentions. 16. Taxes Fees and Other Governmental impositions 16.1 - INTENTIONALLY DELETED. 16.2 Impositions. After the Acceptance Date of County Dark Fibers contained in the Initial Service Order and to the extent applicable, County shall be responsible for and shall promptly reimburse ZAYO for County's proportionate share of all Impositions that are not separately assessed, allocated, levied or imposed on the ZAYO System, the County Dark Fibers, the County Equipment or other property or facilities of County. County's proportionate share of Impositions shall be determined by multiplying the Impositions of all Governmental Authorities having jurisdiction over the ZAYO System that includes the County Route by the ratio to which the number of Fiber Miles of County Dark Fibers in the County Route bears to the.total number of Fiber Miles of the ZAYO System within the jurisdiction(s) of the Governmental Authorities assessing the Impositions. To the extent such Impositions. are not separately assessed, allocated, levied or imposed, ZAYO will pay all such Impositions. ZAYO shall notify County of such Impositions and County's proportionate share of the Impositions, and County' shall promptly reimburse ZAYO for County's proportionate share of the Impositions. 16.3 County' Impositions. In addition to the Impositions described in Section 16.2, after the Acceptance Date of County Dark Fibers contained in'the Initial Service Order and to the extent applicable, County shall be responsible for and shall pay or promptly reimburse ZAYO for all Impositions that have been separately assessed, allocated to or levied or imposed on: (a) the County Dark Fibers, (b) County's IRU or use of the County Dark Fibers, including the provision of services over the County Dark Fibers, (c) County's use of any other part of the ZAYO System, (d) County's ownership or use of County Equipment or any other property or facilities connected to the County Dark Fibers, or (e) the provision or sale to County of maintenance, collocation, or other ZAYO services provided pursuant to this Agreement; provided however, County shall not be responsible for any Impositions imposed on or based upon the income, capital, or net worth of ZAYO. 16.4 ZAYO Riaht to Contest Impositions. ZAYO shall have the'right to contest by appropriate proceedings any Imposition (including by nonpayment of such Imposition). The out -of- pocket costs and expenses (including reasonable attorneys' fees) incurred by ZAYO in any such contest shall be shared by ZAYO and County in the same proportion as to which the Parties would have shared in such Impositions as they were assessed. Any refunds or credits resulting from a contest brought pursuant to this Section 16.4 shall be divided between ZAYO and County in the same proportion as separately determined or as originally assessed. In any such event, ZAYO shall provide timely notice of such challenge to County.. County agrees to cooperate with ZAYO in any such contest. 16.5 Cooperation in Preparation. ZAYO and County agree to cooperate fully in the preparation of any returns or reports relating to the Impositions. ZAYO and County further 19 Anoka County Master Fiber IRU 8.14.10 P72 acknowledge and agree that the provisions of this Section 16 are intended to allocate the Impositions based on procedures and methods of computation that are in effect on the date of this Agreement. Material changes in such procedures and methods could significantly alter the fundamental economic assumptions of the Parties relied upon in entering this Agreement. Accordingly, the Parties agree that, if such procedures or methods of computation change 'materially, the Parties will negotiate in good faith an amendment to this Section 16 to preserve, to the extent reasonably practicable, the economic intent and effect of this Section 16. 17. Notices 17.1 Notices. All notices, statements, demands, requests, consents, approvals, authorizations, offers, agreements, appointments, designations, or other direction or communication hereunder by any Party to another shall be (a) in writing, (b) effective on the first business day following the date of receipt, and (c) delivered by one of the following means: (i) by personal delivery; (ii) by prepaid, overnight package delivery or courier service; or (iii) by the United States Postal Service, first class, certified mail, return receipt requested; postage prepaid;. All notices given under this Agreement shall be addressed as follows: COUNTY: For Legal or Operational Notices: County of Anoka 2100 3rd Avenue Anoka MN 55303 Attn: County Administrator With copy to: County Attorney COUNTY: For Billing: Department of Information Services Anoka County 21003 rd Avenue Anoka MN 55303 Attn: Accounts Payable ZAYO: For Payments: Zayo Bandwidth, LLC 400 Centennial Pkwy, Suite 400 Louisville, CO 80027 Attn: Accounts Receivable For Notices under this Agreement: Zayo Bandwidth, LLC 400 Centennial Pkwy, Suite 400 Louisville, CO 80027 Attn: General Counsel 20 Anoka County Master Fiber IRU 8.14.10 P73 or to such other postal addresses, email addresses, or telecopier numbers of which the Parties have been advised in writing by any of the above - described means. Personal delivery to a Party or to any officer, partner, agent, or employee of such Party at its address herein shall constitute receipt. The following shall also constitute receipt: (i) a Party's rejection or other refusal to accept notice, and (ii) the inability to deliver to a Party because of a changed postal address, email address or telecopier number of which no notice has been received by the other Party. Notwithstanding the foregoing, no notice of change of postal address, email address or telecopier number shall be effective until five (5) business days after the date of receipt thereof. Each Party agrees to promptly give the other Party_ notice of any change in its above listed, respective postal addresses, email addresses, telecopier numbers or contact persons. 18. Confidentiality 18.1 ZAYO Data County will have no obligation to prevent or withhold disclosure of any data or information supplied by ZAYO, including Confidential Information, except as otherwise provided in the Minnesota-Data Practices Act, Minnesota Statutes, Chapter 13 (the "Act"). County will prevent or withhold disclosure of Trade Secrets in accordance with the Act. 18.2 County Data. Zayo may be exposed to government data and/or data on individuals or organizations that is private or confidential. In addition, Zayo may be exposed to private or confidential information relating to County's computers, network, programs, and computer systems (hereinafter, collectively "County Information!). ZAYO is not obligated to release or disclose County Information pursuant to the Act. Zayo agrees that it, and its employees, and their subcontractors and their employees shall regard and treat each item of County Information as private or confidential information and that it will not, without the express written consent of the County, redistribute, market, publish, disclose or divulge to any other person, firm or entity, or use or modify for use, directly or indirectly, any of the County Information except pursuant to binding court order. At the end of the Project, Zayo shall return all County Information to the County. 183 No Right or License to County. Nothing herein shall be construed as granting any right or license under any copyrights, inventions, or patents now or hereafter owned or controlled by ZAYO. The Receiving .Party will not reproduce the Disclosing Party's Confidential Information or Trade Secrets in any form except as required to accomplish the intent, of this Agreement. Any reproduction of any Confidential Information or Trade Secrets by the Receiving Party will remain the property of the Disclosing Party and will contain any and all confidential or proprietary notices :or legends that appear on the original, unless otherwise authorized in writing by the Disclosing Party, 18.4 Return of Confidential Information. Upon termination of this Agreement for any reason or upon request of ZAYO, County shall return all Confidential Information, together with any copies of same, to ZAYO. The requirements of confidentiality set forth herein shall survive the return of such Confidential Information. 18.5 PubIici .• Neither Party shall, without first obtaining the written consent of the other Party, use any logo, trademark. or trade name of the other. Party or its Affiliates or refer to the subject matter of this Agreement or the other Party or its Affiliates nor disclose to others any specific information about the subject matter of this Agreement without the prior written consent 21 Anoka County Master Fiber IRU 8.14.10 of both Parties. Notwithstanding the above, ZAYO may use any logo, trademark or trade name of User or its Affiliates in any (i) promotional sales materials and related activity, (ii) publication or press release related directly-or indirectly to this Agreement or (iii) investor related materials. Notwithstanding the above, ZAYO may share this Agreement or its'subject matter with: (i) accountants, attorneys, affiliates, prospective purchasers, financial advisors and contractors who have a need to know, or (ii) Governmental Authorities requiring such information, in order for ZAYO to comply with certain reporting requirements based on ZAYO's contractual and/or legal obligations with such Governmental Authorities. 19. Default 19.1 Events of Default. A default shall be deemed to have occurred under this Agreement if: (a) in the case of a failure to pay any amount when due under this Agreement, a Party fails to pay such amount within ten (10) days after. the date such payment is due; or (b) in the case of any other material breach of a Party's obligations, warranties or covenants under this Agreement, the breaching Party fails to cure such breach within thirty (30) days after receiving written notice from the non - breaching Party specifying such breach, provided that if the breach is of a nature that is curable but that cannot be cured within thirty (30) days, a default shall not have occurred so long as the breaching Party in good faith has commenced to cure within said time period and thereafter diligently pursues such cure to completion; or (c) use of the County Dark Fiber for purposes other than the Permitted Use; or (d) breach of County's obligations, warranties or covenants under the MSA; or (e) in the case a Party: (i) applies for or consents to the appointment of, or the taking of possession by a receiver, custodian, trustee, or liquidator of itself or of all or a substantial part of its property, (ii) makes a general assignment for the benefit of its creditors, (iii) commences a voluntary proceeding under the Federal Bankruptcy Code or under any other law relating to relief from creditors generally, or (iv) fails to contest in a timely or appropriate manner, or acquiesces in writing to, any petition filed against it in an involuntary proceeding under the Bankruptcy Code or under any other law relating to relief from creditors generally, or any application for the appointment of a receiver, custodian, trustee, or liquidator of itself or of all or a substantial part of its property, or its liquidation, reorganization, dissolution, or winding - up, 19.2 Remedies. In the event of any other default hereunder, the non-defaulting Party may avail itself of one or more of the following remedies:: (a) if the default consists of a failure of County to pay to ZAYO any amount hereunder or a non - monetary default hereunder, ZAYO may, in its sole discretion: (i) upon ten (10) days notice to County and failure by County to pay such outstanding.lRU Charges or other amounts, immediately suspend the use of the County Dark Fibers by County and/or all services 22 Anoka County Master Fiber IRU 8.14.10 P74 funder the MSA until such IRU Charge(s) and other amounts have been paid to ZAYO together with an interest penalty of one and one -half percent (1.5 %) per month, compounded monthly; (ii) immediately terminate the MSA with respect to the Segment(s) for which such part of the IRU Charge or other amount(s) relate; (iii) apply any and all amounts held by ZAYO for County toward the payment of amounts then or thereafter payable by County hereunder; or (iv) issue a Disconnect Notice to County. in the event such Disconnect Notice is issued and County does not cure such default by immediately paying all past due IRU Charges such that County's account is considered current by ZAYO, then ZAYO may disconnect the County Dark Fiber under the applicable Service Order without further notice to County and without liability to ZAYO. At the time of such disconnection (1) the applicable Service Order shall be considered terminated; (2) all past due IRU Charges shall be immediately due and payable, To with an interest penalty of one and one -half percent (1.5 %) per month, compounded monthly; (3} all IRU Charges for the remainder of the Service Term of the applicable Service Order shall immediately become due and payable; and (4) ZAYO shall provide notice to County of the Termination Charge incurred by ZAYO and such Termination Charge shall be immediately duo and payable by County to ZAYO. Such disconnection shall not terminate or limit in any way ZAYO 's other rights and remedies available to ZAYO under this Agreement or at law or in equity, in its sole discretion. (b) In the event of any other default hereunder, the non - defaulting Party may pursue any remedies it may have under applicable law or principles of equity, including specific performance and terminate this Agreement, by giving the defaulting Parry written notice of termination. 20. Termination 20.1 Service Order Expiration. Upon the expiration of the Service Term of any Service Order, the Dark Fiber IRU with respect to County Dark Fibers in each such Service Order shall immediately terminate, all rights of County to use the County Dark Fibers within such Service Order shall cease, all rights to the use of the County Route and the County Dark Fibers shall revert to ZAYO, and ZAYO shall owe County no further duties, obligations or consideration. 20.2 Removal of County Eauinment, County shall, within thirty (3 0) days of such termination, remove all County Equipment and County Media used in connection with the County Dark Fibers, if any. County shall accomplish such removal at County's sole expense, under ZAYO's supervision and in a manner that does not damage the ZAYO System. County shall be responsible for and shall indemnify ZAYO from and against any damage; loss, cost or expense caused by such removal. If County fails to remove its property within such period, the property shall be deemed abandoned and ZAYO may dispose of the same in any manner it deems reasonably appropriate, at County's expense. 20.3 Rights and Obligations After Termination. Termination or expiration of this Agreement or any Service Order shall not affect the rights or.obligations of either Party that have arisen before the date of such termination or expiration. Each Party's indemnification and confidentiality obligations shall survive termination or expiration of this Agreement. 21. Force Maieure 23 .Anoka County Master Fiber IRU 8.14.10 P75 21.1 Neither party shall be in default under this Agreement if and to the extent that any failure or delay in either Party's performance of one or more of its obligations hereunder is caused by any of the following conditions, and either Party's performance of such obligation or obligations shall be excused and extended for and during the period of any such delay: act of God.or nature, including an earthquake, flood or hurricane; fire, fiber, Cable, or other material failures, shortages or unavailability or other delay in delivery not resulting from either Party's failure to timely place orders therefor; lack of or delay in transportation; government codes, ordinances, actions, laws, rules, regulations or restrictions; war or civil disorder; strikes or other labor disputes; failure of a third Person to grant or to recognize an Underlying Right (provided that either Party has made timely and reasonable commercial efforts to obtain the same); inability. of ZAYO to obtain access to the ZAYO System; or any other cause beyond the reasonable control of ZAYO; or acts or omissions of third parties, who are not Affiliates, agents or under the direct control of the affected Party (collectively, "Events of Force Majeure "). ZAYO shall notify the County in writing of the existence of the event relied on and the cessation or termination of said Event of Force Majeure, and ZAYO shall exercise commercially reasonable efforts to minimize the time of any such delay. Notwithstanding anything in this Section, Event of Force Majeure shall not excuse non - payment under. this Agreement. 22. Dispute Resolution 22.1 Dispute Resolution Process. Except as otherwise provided in Sections 18.1(e), 19.2(a) and 25A(c), and this Section 22, any dispute, controversy or claim between the Parties relating to, arising out of, or in connection with this Agreement (or any subsequent agreements or amendments thereto),. including as to its existence, enforceability, validity, interpretation, performance or breach or as to indemnification or damages, including claims in tort, whether arising before or after the termination of this Agreement (any such dispute, controversy or.claint being herein referred to as a "Dispute") shall be settled by use of the following procedure: (a) At the written request of a Party, each Party shall appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any. Dispute. The discussions shall be left to the discretion of the representatives. Upon failure to reach agreement, the representatives may utilize other alternative dispute resolution procedures such as mediation to assist in the negotiations. Discussions and correspondence among the Parties' representatives for purposes of • these negotiations shall be treated as Confidential Information developed for the purposes of settlement, exempt from discovery and production, and without the concurrence of both Parties shall not be admissible in any lawsuit. Documents identified in or provided with such communications, which are not prepared for purposes of the negotiations, are not so exempted and may, if otherwise admissible, be admitted in the arbitration. (b) If negotiations between the representatives of the Parties do not resolve the Dispute within a reasonable period of time or the Dispute is not reasonably capable of being resolved through such negotiations, the Parties may pursue all other remedies at law or in equity. 23. Assignment and Transfer Restrictions 23.1 County Assignment. Except as provided in Section 12.3, County may not sell, assign, sublease, sub -IRU or otherwise transfer all or atiy part of this Agreement or of its interest 24 Anoka County Master Fiber IRU 8.14.10 under this Agreement, or delegate any duties, burdens, or obligations arising hereunder, without ZAYO's prior express written consent, which consent may be given or withheld in ZAYO's sole discretion. A transfer, assignment or other action in violation of this Section 23 shall constitute a material breach of this Agreement and shall be null and void. If any such consent is given, County nevertheless shall remain fully and primarily liable for all obligations of County under this Agreement. 23.2 ZAYO Assignment. Nothing shall be deemed or construed to prohibit ZAYO from assigning or otherwise transferring this Agreement, or any of its rights or interests herein, in whole or in part, or from selling, transferring, leasing, licensing, granting indefeasible rights of use in or entering into similar agreements or arrangements with other Persons respecting any Ducts or other conduit tubing, Cable, fibers (other than the County Dark Fibers), or constituting a part of the ZAYO System. If in connection with any assignment of this Agreement by. ZAYO, ZAYO causes such assignee to contemporaneously therewith agree in writing to perform all of ZAYO's obligations under this Agreement, then ZAYO shall be released from liability 'hereunder. ZAYO may encumber the ZAYO System provided any such encumbrance created after the date of this Agreement shall be subject to the rights of County'hereunder. ZAYO may pledge or assign its rights under this Agreement to its lender(s) for the purpose of securing financing for it's construction, maintenance, or extension of the ZAYO System. 24. Representations Warranties and Aclmowiedgments 24.1 Representations and Warranties. By execution of this Agreement, each Party represents and warrants to the other: (a) That the representing Party has full right and authority to enter into and perform this Agreement in accordance with the terms hereof and thereof, and that by entering into or performing under this Agreement, the representing Party is not in violation of its charter or bylaws, or any law, regulation or agreement by which it is bound or to which it is subject; (b) That the execution, delivery and performance of this Agreement by such Party has been duly authorized-by all requisite corporate action, that the signatories for such Party hereto are authorized to sign this Agreement, and that the joinder or consent of any other Party, including a court or trustee or referee, is not necessary to make valid and effective the execution, delivery and performance of this Agreement by such Party. 24.2 DISCLAB MR OF WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ZAYO MAKES NO WARRANTY,-EXPRESS OR IMPLIED, WITH RESPECT TO THE COUNTY DARK FIBERS, THE ZAYO SYSTEM, THE CABLE OR ANY WORK PERFORMED OR TO BE PERFORMED UNDER THIS AGREEMENT, INCLUDING ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR .I PURPOSE OR USE, AND ALL SUCH WARRANTIES ARE .HEREBY EXPRESSLY DISCLAIMED. THE WARRANTIES SET FORTH IN THIS AGREEMENT CONSTITUTE THE ONLY WARRANTIES MADE BY ZAYO TO COUNTY WITH RESPECT TO THIS AGREEMENT AND ARE MADE IN LIEU OF ALL OTHER WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED. 25. General 25 Anoka County Master Tiber IRU 8.14.10 P77 P78 25.1 Binding Effect.. This Agreement and each of the Parties' respective. rights and obligations under this Agreement, shall be binding on and shall inure to the benefit of the Parties hereto and each of their respective permitted successors and assigns. 25.2 Waiver. The failure of either Party hereto to enforce any of the provisions of this Agreement, or the waiver thereof in.any instance, shall not be construed as a general waiver or .relinquishment on its part of any such provision, but the same shall nevertheless be and remain in full force and effect. 25.3 Governing Taw. This Agreement shall be governed by and construed in accordance with the domestic laws of the State of Minnesota, without giving effect to its principles of conflicts of laws. In addition, this Agreement shall comply in all - respects with the ferms and conditions of the Grant with respect to the Initial Service Order. If the terms of the Grant conflict with any term herein, the term shall be read consistent with the Grant. All proceedings arising out of this Agreement shall be venued in a court of competent jurisdiction in Minnesota. 25.4 Compliance with Laws /Standards. Both Parties shall abide by all Federal, State or local laws, statutes, ordinances, rules and regulations now in effect or hereinafter adopted pertaining to this Agreement, the ZAYO System, and all facilities and services contemplated by this Agreement_ including without limitation laws, rules and regulations governing construction and operation of the ZAYO System and delivery of telecommunications services over such system including any required Minnesota Public Utilities Commission or Federal Communications Commission approvals. Any violation of such laws, statutes, ordinances, rules, or regulations, or failure to obtain or maintain any required license, certification or regulatory approval by either Party shall constitute a'material breach of this Agreement. 25.5 Rules of Construction. (a) The captions or headings in this Agreement are strictly for convenience and shall not be considered in interpreting this Agreement or as amplifying or limiting any of its content. Words in this Agreement which import the singular connotation shall be interpreted as plural, and words which import the plural connotation shall be interpreted as singular, as the identity of the Parties or objects referred to may require. The words "include," "includes," and "including," shall be deemed to be followed by the phrase "without limitation." The words "hereof," "herein," and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise expressly provided herein, any agreement, instrument or statute defined or referred to herein or in any agreement or instrument that is referred to herein means such agreement, instrument or statute as from time to time'amended, modified or supplemented, including (in the case of agreements or instruments) by waiver or consent and (in the case of statutes) by succession of comparable successor statutes and references to all attachments thereto and instruments incorporated therein. All accounting terms not otherwise defined in this Agreement will have the meanings subscribed to them under generally accepted accounting principles as in effect from time to time in the United States. (b) Unless expressly defined herein, words having well known technical or 26 Anoka County Master Fiber IRU 8.14.10 trade meanings shall be so construed. All listing of items shall not be taken to be exclusive, but shall include other items, whether similar or dissimilar to those listed, as the context as requires. (c) The Parties hereby agree that the rights and remedies set forth in this Agreement shall be each Party's sole and exclusive rights and remedies against the other Party for any claims arising under this Agreement and relating to any breaches of the representations, warranties or covenants contained in this Agreement. Notwithstanding the foregoing, the Parties agree that if any breach or threatened breach of the representations, warranties or covenants of this Agreement would cause irreparable injury to a Party and money damages would not provide an adequate remedy to such Party, then, in addition to the rights and remedies available to such Party pursuant to this Agreement, such Party shall have the right to obtain equitable relief in the form of a temporary or permanent injunction or order for a specific performance, without the requirement of posting of bond. j (d) This Agreement has been fully negotiated between and jointly drafted by the Parties. (e) All actions, activities, consents; approvals and other undertakings of the Parties shall be performed in a reasonable and timely manner, it being expressly acknowledged and understood that time is of the essence in the performance of obligations required to be performed by a date expressly specified herein. Except as specifically set forth herein, for the purpose of this Agreement, the standards and practices of performance within the telecommunications' industry in the relevant market shall be the measure of a Party's performance. 25.6 Entire Agreement.' This Agreement constitutes the entire and final agreement and understanding between the Parties with respect to the subject matter hereof and supersedes all prior agreements relating to the subject matter hereof,.which are of no further force or effect. The Exhibits, Schedules and Attachments referred to herein are integral parts hereof and are hereby made a part of this Agreement. To the extent that any of the provisions. of any Exhibit j hereto are inconsistent with the express terms of this Agreement, the terms. of this Agreement shall prevail. This Agreement may only be modified or supplemented by an instrument in writing executed by each Party and delivered to the Party relying on the writing. 25.7 Relationship of the Parties. The relationship between County and ZAYO shall not be that of partners, agents, or joint venturers for one another, and nothing contained in this Agreement shall be deemed to constitute a partnership or agency agreement between them for any purposes, including federal income tax purposes. County and ZAYO, in performing any of their obligations hereunder, shall be independent contractors or independent parties and shall discharge their contractual obligations at their own risk -subject, however, to the terms and conditions hereof. Neither Party shall have the authority to bind the other Party by contract or otherwise or to make any representations or guarantees on behalf of the other Party. ZAYO acknowledges and agrees on its own behalf and that of its subcontractors that it is not entitled to receive any of the benefits received by County employees and is not eligible for workers' or unemployment compensation benefits through the County. ZAYO also acknowledges and agrees, on its behalf and on that of its subcontractors, that no withholding or deduction for state or federal income taxes, FICA, FUTA, or otherwise, will be made from the payments due ZAYO 27 Anoka County Master Fiber 1RU 8.14.10 P79 and that it is ZAYO's, and that of ZAYO's.subcontractors, sole obligation to comply with the applicable provisions of all federal and state tax laws. 25.8 No Third -Party Riehts. Nothing in this Agreement is intended to provide any legal rights to anyone not an executing party of this Agreement except under the indemnification and insurance provisions. 25.9 SeverabiRy. if any secti6n, subsection, sentence, clause, phrase, or other portion of this Agreement is, for any reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body, or other authority of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent portion. Such declaration •shall not affect the validity of the remaining portions hereof, which other portions shall continue in full force and effect. 25.10 Remedies. Unless otherwise expressly limited or excluded herein, all remedies. provided in this Agreement are cumulative and non - exclusive, and are in addition to all other remedies available at law or inequity, including without limitation any actions for damages. 25.11 Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall constitute one and the same instrument. 25.12 Audit Disclosure and Retention of Records. ZAYO agrees to make available to duly authorized representatives of the County and of the State of Minnesota, for the purpose of audit examination pursuant to. Minnesota Statutes, Section 16B.06, any books, documents, papers, and records of ZAYO that are pertinent to ZAYO's provision of services under this Agreement. ZAYO further agrees to maintain all such required records for three (3) years after receipt of fmal payment and the closing of all other related matters. 25.13 Affirmative Action. ZAYO shall comply with its obligations under Executive Order 11246. 25.14 Non - Discrimination. ZAYO agrees to. abide by all provisions of Minnesota Statutes, Section 181.59, as amended, entitled "Discrimination on Account of Race, Creed, or Color Prohibited in Contract." 28 Anoka. County Master Fiber IRU 8.14.10 ..I 0 In confirmation of their consent and agreement to the terms and conditions contained in this 'Agreement and intending to be legally bound hereby, the Parties have executed this. Agreement as of the date first above written. TY OF ANOKA: Signature Dennis D. Berg, Chair Anoka County Board of Commissioners ,sy// :7, l,,9 Date Terry L. Johnson Anoka Conn Administrator d7 d Date Approv z7a&L, rm: Assistant Anoka County Attorney Date 29 Anoka County Master Fiber IRU 8.14. 10 Zayo Bandwidth, LLC: Signature ��[ v�--✓ - Title: t°� Date: P81 Initial Service Order MASTER FIBER IRU AGREEMENT By and Between ZAYO BANDWIDTH, LLC And COUNTY OF ANOKA, MINNESOTA DATED: 200u This Service Order is for the installation and an RU in certain fibers as more fully described below, pursuant to the Master Fiber IRU Agreement dated , between Zayo Bandwidth, LLC ( "ZAYO ") and County of Anoka, Minnesota ( "County "). Capitalized terms not defined herein shall have the meaning ascribed to them in the Master Fiber IRU Agreement. Scope of Work: For purposes of this Initial Service Order, "Core Backbone" shall mean the fiber optic cable and the fiber optic strands contained therein (including the County Dark Fibers), -which consists of underlying core rings, and "Distribution Network" shall mean the fiber optic cable and the fiber optic strands contained therein (including the County Dark Fibers), which consists of underlying distribution rings and distribution laterals. As of the Acceptance Date for the County Dark Fibers in this Service Order, on a site by site basis, ZAYO grants to County a Dark Fiber IRU in eight (8) strands of dark fiber optic cable throughout the Core Backbone as depicted on Attachment 1 and four (4) strands of dark fiber optic cable throughout the Distribution Network, as depicted on Attachment 2, connecting one hundred forty five (145) government, educational and public safety institutions within Anoka County, Minnesota ("Anchor Institutions'.'). To the extent that more than one Anchor Institution is located at the same address,' all of the Anchor Institutions at such address shall share the designated number of fiber optic strands, depending on whether the Anchor Institutions fall on the Core Backbone or Distribution Network. The location and the address of each Anchor Institution is attached hereto as Attachment 3. The exact Route is subject to change pursuant to the Master Fiber IRU Agreement. The Zayo' System attached hereto as Attachment 1 and Attachment 2 will be owned by Zayo and not by a third party. Personnel: Deployment schedule will be consistent with NTIA rules, and provided to the County. Zayo and County shall each designate project managers to communicate about project status and schedule. Zayo and County shall hold periodic status meetings as mutually agreed for the provision of project updates. Estimated Route Miles: Approximately 286 route miles. Contribution: County shall contribute a total of fifteen percent (15 %) of the total Project cost, 30 Anoka County Master Fiber IRU 8.14.10 P82 such contribution amount aggregating up to $2,867,698 pursuant to Section 4.1 and Section 4.2 of the Master Fiber IRU Agreement.. County Maintenance Fee: $10,000 /month payable when the County, or any permitted assignee or transferee, places into operation any County Dark Fiber per Section 4 of the Master Fiber IRU Agreement. CPT escalations will not be applied the County Maintenance Fee under this Service Order. Service Term of County Dark Fibers: This Service Order shall be coterminous with the Master Fiber IRU Agreement. Special Requirements: County shall be responsible for.securing in an expeditious manner all necessary rights to access, occupy, and conduct typical telecommunication operations within each respective building, including but not limited to access agreements, easement, conduitifiber pathways, access fees, cross - connects beyond the Demarcation Points, coordination at any third parry owned location, and, where applicable, necessary space for ZAYO's fiber termination panel. Ratification: This Service Order requested by County shall be governed by the Master Fiber IRU Agreement and shall form a single integrated agreement between ZAYO and County. Except as specifically set forth in .this Service Order, the Agreement is hereby ratified and affirmed in all respects and all other terms, covenants and conditions of the Agreement shall remain unchanged and shall continue in full force and effect. The definition of "Agreement" in the Agreement is hereby amended to include this Service Order, Attachment 1, Attachment 2 and Attachment 3, all attached hereto, are incorporated herein by reference and made a part of this Service Order. IN WITNESS WHEREOF and in confirmation-of their consent to the terms and conditions contained in this Service Order #1 and intending to be legally bound hereby, ZAYO and County have executed this Service Order #1 effective as of the date of execution by the last Party: 01113NTY OF Signature Dennis D. Berg, Chair Anoka County Board of Commissioners f5 /f7616 Date 31 Anoka County Master Fiber IRU 8.14.10 Zayo Bandwidth, LLC: Signature -If Title: d'ti� Date: F/� 711D P83 0 Terry L. Johnson / ` Anoka County Administrator Date Appr yed as to Form: Assistant Anoka County Attorney Date Anoka County Master Fiber IRU 8.14.10 32 • M. P85 EXHIBIT A- ATTACHMENT I Core Backbone BETHEL SAINTFRANCI$ OAKGROVE® HOWTHEN eCEOAR EASTEETHEL HAM LAKE RAMSEY ' � kNOOVER ANOKA. CORE ItING1 .tee CORE RING r ws.rr CQRERING3 N CAMBRIDGE EXTENSION waen�.. OAK GRAVE SUE -LOOP wrw RAM$EYCOUNTYEMNSION LINMOOD TOWNSHIP BLAINE _ U OLAKES CIRCLE PI ES O CENTERVILLE - LEXINGTON SPRING LAKE p'ARK'• C0014RAPIDS C•a - MOUNDSVIEW FRIDLEY 0 •' HILLTOP COLUMBIA HEIGHTS 33 Anoka County Master Fiber IRU 8.14.10 EXHIBIT A- ATTACIEWENT 3 Site List 53 'Anoka County Master Fiber IRU 8.14. 10 lim c a 1-1-1 a a a a s a a s v a a v e a v gwg 9_ 'o O 9 9 .��}e M •y m M d m m S! Al a &` w"t $ a of ,° A M .� `^ .^. � � � .d `03' R 5 of n u5 n Li a s r w R s "dam y ti m m $ ,e o o a' e px }4y aa M c+ v f.1 f E J a 3 3 3 3 8 3 8 81 81 1 8 z: S W 8 E 8 8 8 8 8 8 8 5 E 8 a m 9 �a as E 8m 3 a � 8 lY E a g m 8 c4 m 'K �y' $ � � rl-I 511 INk i il I il'. I 61 - d r r m a .n �. w m .°y .i .m�-1 it p A $ 'A 21 ' z —"—!L1 53 'Anoka County Master Fiber IRU 8.14. 10 lim s�BE��o o g goS no3� �s g C F id ° .;s fT1 0 �i ars J, 1 9 `—' 0 3 o a Allml m "� V = = §b� 2 aa. am s i a - -�.moM$ SQ a^ $"JQ a va °n H' =�^n 35 "�3 1__T1_ S e61e `Tr Anoka County Master Fiber IRU 8.14.10 54 P87 t R I m m m m m m m m + +Hd m a a a a v v v v v a a a v v a v v v v v a v v a a v a a v v a a a v v v v a r S n °• � d d do t tl � ���d � �ddtld d dd d d d d d dr�d � �sdd z S S S 55 o S ig W �S � W W W i5 � �5 w w �3 w w.3 w w w w w w 5 5 a a3 w w 3 ° ,�j, 5 o3`n�• , ,q�j, � � 8 8 S S S SS S SSSS$ 8 8S e e S S � ��� � �Pa S S� ~ d d � N N N ~ N V ~ V LL C C q q • •3 y= Y Y Y Y L L� i 6 6 — g C —L' P. C C G 4 4 Q G G' 4 g Y � zi $ Y � S S vs'•7 . .ca' R R1 I I gi ° °J ' '&H " "R r rm+ c cn.n.. - --I I I N a a n n �n F F1 m mn J 21 I IT a mgz ` `ge N N a a °mV C .�z y ,yiy� y NeiN r ryp�zryp �i y ` ` O U� Ci . yip , y�i- N O a L L f0 2 N ..1 . .y � �j e e�j .� ' '1 � • •4 ,��jj N N t� 6 FJ U N N N r U U U V ry r V V V V ry r U V ry S iz V V Y Y V V t� V V U V V V n n n n n n n n n n n n n n n n n n n n n a n y z z z z .E S . z a a z z z z z z z z z z z z z z 3g C CgS F F 2 C � ba m y y� v v� r ry D F F F 0 0 0 0 I W �n g g g g gg�ym g W g g � g d d 3 3 $ $ _ _ m m S a a ¢ m mcHaa� 00 0 0 ¢ Anoka County Master Fiber IRU 8.14.10 54 P87 f ..., Anoka County Master Fiber IRU 8.14.10 55 a � S a e a a a a a a a s a a a a a a a a a a a m m m m m m m m m m m -1 m Q m 6 f 1�1 £� iN�S el�iJ g iryS SJ � a�V F lni t3 lJ iryt iry§ �i , WsWs C W ills) W I � 0 z pWO m /SV� T Va m -R e9 s W .z lil le, x y W 4 m N M m T N ryry ryry !'j vi �Z N ei Q tNYS N VVff imn �O 1I� Q p V ry N, M N „ 1A N m ,;,� �y 10 VNl N �Ny ry ti .Y b .y .y ti 9 � � Q W 6 7 x a 0 S TI s i 9 gg t7 `y3 a°9 9 99 59�i7 O c ww r Gs 0 co � v v vuu �ry`u ii � � �O (ei .3 OOOv 'y � .y G � 9 .yy i3 :511 in w N I^ Lii Yi�i vt Gi n r"ii n in in �n m = 2 Z F F f F E 2 F 2 2 Fes. 2 F 2 2 E F Z F Y F 2 E 2 2 F F 2 2 F F 2 2 F F 2 2 F F _ V 9 $ %w' G =w $ d d g xdz m g m g3 z a a2 F 2 g � a. m a � m� a C. a� bz a 3m a g N M 3 T C G S z� m 'a'' �u R 3 3 o� � a S� � xi g SV�� ip�1 S S 1$� O 64gd m G .1� �j� puSti Al vbi 91 eS G [V 91 C E S r^ G c 1' E $ F r S is vFZ x s 'Ywt F E O C F O F O � V s � 22 � � � � °m a � � z � $ °z � �d F �d 5i � m 0 ° 0§g �' (? gg oo_g g 0 J 1? 90 o m gg i1 t ig 2= 3 3 n t] ^m Anoka County Master Fiber IRU 8.14.10 55 I P89 Anoka County Master Fiber IRU 8.14.10 56 a � v �N p •� JJN Ci M c0 O d Q d 9 d d d Q V O d < Q d d d Q V Q Q Q Q Q V Q M of W W M M G ° � Si `•i S% Ei E� `.� `•i `.� `.Y w `.i, .i w c`� `d¢ Fq. ° $ 8 I`.�� :7 w y �+ .`7 �i w w IA w I�, e a w og a uV•i ? �+ t7 ti Y q zS �i u�i g O gw gw Ja eTi w c .-� c C .�i C N m C w N A 2p]p �m R 1� n N F n NN ty N N 1� n b ei � a o � a Til ° y� 9 M1 1� � Of q OI T N 1'M1 e4 .^J 2 M e4 edu 8 '�O G No b [� n n M ei b b �O �p 1-1 n n e�i • 48 5" g S 2 S 2 S S T S T T� 'J' ."I '.y �� � �• � S v u � •g i v ° a a O U (•.1 U 4 V t'� V V �6V f3 U V V U Fj V .J V V V, U �• 0 O�1 t•1 Q j`y$( O .4 C R N S Up; pW 4 �` N N q N Gt Yf N tR ul GIN < I I Y 2 Y Y Y Y 2 2 H 2 Y 2 2 2 Y Y Y ALL 2 2 F Y `L 2 Y 2 � d tlJ zl b n o tl >a ffi a m m ° 5 m X88 8� a 88 S g E° 5 �y p F �• c oR R �� „05 F F '.3 .rry � 5 M1 a i2 BE ti, $m^e E gg ',�` �S = 6 t2 °a o E E m 23 2 8 m S a 3 3 N S E 8 S m° 0 Bill � r � S � i4 � � u u � �$ � e � � ,•y = a w m d1'x 6 5a ! ! `'�' '.^�' `."� `' '"i„ .7 v f ."J ' n p Anoka County Master Fiber IRU 8.14.10 56 1 I I i Anoka County Master Fiber IRU 8.14. 10 57 C � d O m N G. N p a s A e� �3 M�18 D U i lc4Ei z ep. V � z C ._ _ aV`Sg 2M15 N ra ra g ra yF V V Anoka County Master Fiber IRU 8.14. 10 57 Service Order Form To MASTER FIBER IRU AGREEMENT By and Between ZAYO BANDWIDTH, LLC And DATED: , 200• Service Order Number: Date: This Service Order is for the installation or utilization of strands of dark fiber optic cable, pursuant to the Master Fiber IRU Agreement dated , between Zayo Bandwidth, LLC ("ZAYO ") and ( "County "). Scope of Work, including System Route and County Route: (Metro description,) Demarcation Points: Street Address of Demarcation Point 1): Description of building entry and specific route and requirements Street Address of Demarcation Point 2: Description of building entry and specific route and requirements IRU Charge: $ per ; payable on the County Maintenance Fee: $ Service Term of County Dark Fibers: Estimated Route Miles: years from Acceptance Date. Special Requirements: County shall be responsible for securing all necessary rights to access, occupy, and conduct typical telecommunication operations within each respective building, including but not limited to access agreements, access fees, cross - connects beyond the. Demarcation Points, coordination at any third party owned location, and, where applicable, necessary space for ZAYO's fiber termination panel in an-expeditious manner. In the event that County has not provided any of the items in the foregoing sentence in time to allow ZAYO to complete work at any location, ZAYO may continue Anoka County Master Fiber IRU 8.14.10 58 P91 with the Acceptance Date procedures to the extent possible and invoice for the services under this Service Order as if all locations were completed. IN WITNESS WHEREOF and in confirmation of their consent to the terms and conditions contained in this Service Order #1 and intending to be legally bound hereby, ZAYO and County have executed this Service Order #1, effective as of the date of execution by the last Party. j COUNTY OF ANOKA: Zayo Bandwidth, LLC: i Signature 'Signature Dennis D. Berg, Chair Anoka County Board of Commissioners Title: i 1 Date: T..s_ Signature Terry L. Johnson Anoka County Administrator Date Approved as to Form: Assistant Anoka County Attorney Date 59 Anoka County Master Fiber 1RU 8.14.10 f. [;sY,q EDIT C NOTICE OF COMPLETION (current date) . Company Name Procurement & ContractsAdministrator StreetAddress City, State and Zip re: Master Fiber IRU Agreement ( "Agreement') ! 1200_ detailing (x) fibers in a segment andlor ring configuration connecting (x) network tie -in points running about miles around the Z00 loop. (generic j contract description) Dear Sir or Madam; This letter is your Notice. of Completion (NOC) that the service described in the contract titled above has been installed and completed. Port assignments and test results have been delivered to (customer names of Operations personnel). Please sign below indicating your acceptance and return this document to the address noted above. Per terms of the Agreement, if we do not receive your acceptance signature then the default acceptance is assumed and billing will begin on (current date plus 10 days). If you should have an operational issue; please contact our NCC at . For billing or other administrative issues; contact U@zM.com Best regards, 60 Anoka County Master Fiber LRU 8.14. 10 J Accepted by: Name & date P93 MONITORING.AND MAINTENANCE SPECIFICATIONS AND PROCEDURES 1. GENERAL This Exhibit describes the policies and procedures that will be utilized to monitor and maintain the ZAYO System. ZAYO shall ensure that the System is maintained according to the Monitoring and Maintenance Specifications and Procedures specified herein, through application of commercially reasonable and accepted industry standards, and in accordance with manufacturers' specifications. The purpose and result of monitoring and maintenance shall be to assure (in the case of routine maintenance), or restore (in the case of non - routine maintenance) the functionality of the ZAYO System. ZAYO reserves the right to modify procedures as appropriate to ensure that performance specifications are achieved. 2. ADMINISTRATION ZAYO shall maintain a comprehensive database ( "Database ") of all relevant information associated with the ZAYO System to ensure prompt identification and appropriate response to routine and corrective maintenance situations. The Database shall identify and document the ZAYO System and all facilities installed in ZAYO System, including but not Iimited to: County's fiber optic cable type, number and coloir coding of fiber . strands, origin and destination of each fiber strand, identification of in -use cables, technical requirements and specifications. 3. ' ZAYO RESOURCES ZAYO will perform cable and conduit maintenance and repair around the clock, on a twenty -four (24) hour per day, seven (7) days per week basis (24x7). ZAYO shall be available during normal business hours (7:00 a.m. to 5:00 p.m.) and during off -hours (before 7:00 am., after 5:00 p.m., weekends and holidays). ZAYO shall establish a ZAYO System Maintenance Center and assign a dedicated maintenance manager to oversee and coordinate day -to -day maintenance activities. The Maintenance Center shall be equipped to receive ZAYO System alarms twenty -four (24) hours per day, seven (7) days per week, three- hundred - sixty -five (365) days per year. The maintenance manager shall be responsible for ensuring that preventative, corrective, and emergency maintenance activities are carried out in a timely fashion and that maintenance activities are coordinated with County and any of County's users. ZAYO shall provide qualified personnel, office services, vehicles, and all tools and materials required for the safe and proper performance of maintenance procedures. Specifically, ZAYO shall retain and maintain all appropriate equipment necessary for routine and preventative maintenance as well as corrective maintenance and emergency restoration. ZAYO shall have an Optical Time Domain Reflectomoter (OTDR) and Anoka County Master Fiber IRU 8.14.10 61 P94 fusion splicing equipment with valid and current certification, and all other equipment shall be in proper working order with current calibration at all times. 4. ROUTINE MAINTENANCE ZAYO shall perform routine and preventative maintenance of the system, including the following: ■ ZAYO shall patrol the ZAYO System Route on a regularly scheduled basis. During these patrols, ZAYO will ensure that "Call- Before- You -Dig" (CBYD) right -of -way marker signs are in place and undamaged. Damaged and/of missing signs will be replaced. ■ ZAYO shall establish membership in the Gopher State One Call Program, and perform all cable and conduit locate activities required to protect the ZAYO System. ■ ZAYO shall use reasonable efforts to have a ZAYO representative attend the annual utility conference, provided that County provides adequate prior notice. 5. NON - ROUTINE MAINTENANCE All maintenance other than Routine Maintenance as described in Section 4 above shall be deemed to be Non - Routine Maintenance. ZAYO shall provide telephone numbers) .to the County for the purpose of reporting Service Affecting Conditions to ZAYO. When reporting a Service Affecting Condition, the County shall provide the following information to ZAYO: Type /nature of problem ■ Location of the problem ■ ''Any other pertinent information that may help in identifying and resolving the { problem in an expedient manner and to ensure the appropriate response is initiated. When ZAYO identifies or is notified of a problem via System alarm, County, or Facility Owner notification, ZAYO will initiate repair /response activities as appropriate j and necessary for the type of problem being reported. ZAYO shall have its first maintenance representative on site within two (2) hours after ythe time ZAYO becomes aware of a Service Affecting Condition (whether same occurs within normal business hours or after - hours, weekend or holiday), unless delayed by circumstances beyond its reasonable control. ZAYO will provide effective follow -up information to County on the maintenance action until the issue has been resolved. , In the event that ZAYO dispatches personnel for a fiber outage or other problem caused by County's Equipment or personnel, ZAYO will invoice and County agrees to pay ZAYO charges for time and travel associated with such dispatch. Payment will be made together . 62 Anoka County Master Fiber IRU 8.14.10 P95 `r 5 n with the current monthly invoice. 6. FIBER OPTIC CABLE REPAIR AND RESTORATION When undertaking repairs of major fiber optic cable failures, ZAYO shall work to restore all traffic as quickly as possible. Immediately upon arriving on the site of the cut, ZAYO will determine the course of action to be taken to restore the cable and/or conduit and begin restoration efforts. ZAYO shall use reasonable efforts to effect repairs of major failures within six (6) hours after the maintenance representative arrives at the site of the problem. Such repairs may be temporary. Within one (l)- business day after completing any temporary repair or restoration, ZAYO shall commence planning permanent repair. ZAYO shall notify County of its permanent repair plans and implement such repairs within an appropriate time thereafter. ZAYO shall strive to repair "in -use" fibers first and repair those fibers not currently in -use during permanent restoration activities. ZAYO shall perform permanent repair and restoration of the ZAYO System.. Should a cable failure affect multiple Countys, it is understood that the restoration sequence will occur in a logical order and will not disfavor any Person, and that in -use fibers will be restored prior to inactive fibers. 'County-is responsible for notifying ZAYO which fibers are in -use and which are not in -use. This information should be contained in the Conduit System Database, with updates provided by County as necessary. 7. COOPERATION Both ZAYO and County shall cooperate fully to resolve failures of and/or impairments to the ZAYO System in an expedient and efficient manner. Such cooperation shall include, but not be limited to, notification of the other Party after becoming aware of the need for either scheduled or unscheduled maintenance activities that may affect County's ability to provide service over the ZAYO System and sharing of information relevant to the operation, maintenance and repair of the ZAYO System. ZAYO shall notify County ten (10) days prior to any scheduled Maintenance activity that may affect County's ability to provide service over - the ZAYO System. County shall notify ZAYO as soon as reasonably possible of any request for scheduled Maintenance it may have. In the event that a scheduled Maintenance activity is canceled ok delayed, the scheduling Party shall inform the other Party so that the Maintenance activity may be rescheduled. ZAYO shall notify County as soon as reasonably possible after becoming aware of the need to perform unscheduled Maintenance that may affect County's ability to provide service over the ZAYO System. � Unless expressly provided elsewhere in this document, ZAYO shall not be responsible for maintenance and/or repair of Countys' electronic, optronic, and other equipment, utilized in conjunction. with operation of its individual system. Anoka County Master Fiber IRU 8.14.10 63 4111 METROPOLITAN (LOCAL LOOP) NETWORK FIBER ACCEPTANCE TESTING PROCEDURES AND STANDARDS The intent of this Exhibit is to identify the fiber acceptances testing procedures and standards used within the Zayo's metropolitan networks. Deviations from these specifications may occur if Zayo acquires a portion of the Zayo System from a third party pursuant to the Agreement. 1. All splices shall be fusion spliced. Mechanical splices are only allowed during temporary restoration and will be replaced with fusion splices. 2. After end -to -end connectivity on the fibers has been completed, bi- directional OTDR span and power meter testing will be completed. Zayo shall perform tests after the fiber cable is installed and the splicing enclosures have been completed and are in their final resting configuration with the cable vault or hand hole covers closed. This ensures that no micro or macro bending problems with the cable or fiber strands will contribute to the loss /attenuation measurements. 3. Power meter tests shall be completed to verify and insure that no fibers have been crossed at any of the splice points within the network. Zayo shall test and record power level readings on all fiber strands in both directions of transmission (bi- directionally) using the 1310 & 1550 nm wavelengths. j 4. All OTDR and power meter tests shall be completed as follows: j a. All OTDR traces shall be taken from both ends of a section (between adjacent locations) and recorded using the 1310 nm & 1550 nm wavelength. Loss /attenuation measurements for each splice point from both directions shall be taken and recorded. b. The end -to -end loss value as measured with an industry- accepted laser source' and power meter should have an attenuation rating of less than or equal to the following: (1) At 1310 run: (0.35 dB/km x km of cable) + (number of connectors x 0.50) + (0.15 x number of splices). (2) At 1550 nm: (0.25 dB /km x km of cable) + (number of connectors x 0.50) + (0.15 x number of splices). e. Zayo's loss /attenuation objective for each fiber optic splice is 0.15 dB when measured in one direction with an OTDR test set (excluding connector loss, which is typically 0.50 dB per mated connector pair). If after three attempts this parameter is not met, the splice will be marked as Out -Of -Spec (OOS) and the splice will remain provided the average loss /attenuation value of all splices on an individual fiber basis shall not exceed 0.15 dB for the entire ring or subsystem. d. For bi- directional OTDR testing, the distance from Location "A" and Location "Z" shall be recorded for each splice point. The loss /attenuation at each splice point shall be recorded at both wavelengths (1310 nm & 1550 run) in each 64 Anoka County Master Fiber IRU 8.14.10 i „ P98 I direction. Zayo shall then-average the two readings to obtain the final average splice loss /attenuation for each splice point of each fiber strand within the fiber optic cable. e. Each fiber strand color must be recorded along with its buffer tube color or the ribbon color. The laser source transmit power level using the 1310 & 1550 nm wavelengths will always be recorded together with the receive power level reading at the receiving end of the test. S. OTDR traces will be taken and splice loss measurements recorded. Zayo will store OTDR traces on electronic media. Loss measurements will be recorded using an industry- accepted laser source and a power meter. Copies of all data sheets and tables as well as electronic files with all traces will be available to Lessee. 6. Following emergency restoral, Zayo personnel shall perform span test documenting end -to -end attenuation measurement of each fiber at 1310 & 1550 nm wavelengths. Upon permanent repair, new splice loss readings should be no greater than the original splice loss specifications. 65 Anoka County Master Fiber IRU 8.14.10 ... Attachment I Identification of Underlying Rights For Co- location sites 1. Entity: City of Andover Co- Location Site #1: Attachment A #8 Andover Fire Station 1 Type of Underlying Right given: Easement Co- Location Site #2: Attachment A #9 Water Tower #1 Type of Underlying Right given: Easement Co- Location Site #3: Attachment A #10 Andover Fire Station 2 Type of Underlying Right given: Easement Co- Location Site #4: Attachment A #11 Andover Fire Station 3 Type of Underlying Right given: Easement Co- Location Site #5: Attachment A #12 Andover City Hall Type of Underlying Right given: Easement Co- Location Site #6: Attachment A #13 Water Tower #2 Type of Underlying Right given: Easement Co- Location Site #7: Type of Underlying Right given: Final Agreement as April 4, 2011 15. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator FROM: Courtney Bednarz, City Planner SUBJECT: Appoint Open Space Commissioner - Planning DATE: April 19, 2011 INTRODUCTION A new Open Space Commissioner is needed to complete the term of Outgoing Commissioner Jody Keppers who will attend his last meeting in May. DISCUSSION Staff asked residents serving on other Commissions if they would be interested in serving on the Open Space Advisory Commission. Planning Commissioner Val Holthus indicated that she would be interested in serving on both the Planning and Open Space Advisory Commissions. Staff views this as an opportunity to add an experienced Commissioner to the group. This appointment could also create a liaison between the two commissions similar to organizational structures used by other cities. ACTION REQUESTED The Council is asked to consider appointment of Valerie Holthus to the Open Space Advisory Commission to compete the term of Jody Keppers from June 2011 - January 2012. Respectfully submitted, Courtney Bednarz rize 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Schedule Joint Meeting with the City of Ramsey DATE: April 19, 2011 INTRODUCTION The Council is requested to schedule a Joint Meeting with the City of Ramsey City Council. DISCUSSION Potential agenda items for a Joint Meeting have been identified as follows: 1. Bunker Lake Boulevard Reconstruction 2. County Highway Policy 3. Future of QCTV 4. Lower Rum River Watershed Management Organization 5. City Collaboration Opportunities 6. Other Topics Other items may be added upon Council request or need. ACTION REQUIRED Schedule a Joint Meeting with the City of Ramsey on Monday May 2 °a at 6:30 p.m., Ramsey City Hall. (2) 7. 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Schedule May Council Workshop DATE: April 19, 2011 INTRODUCTION The Council is requested to schedule a Council Workshop for the month of May for a number of miscellaneous business items. DISCUSSION Potential agenda items for a general May workshop have been identified as follows: 1. Joint Meeting with a City Commission 2. 2011 Budget Implementation Progress Report 3. 2012 -2016 CIP Development Discussion 4. 2012 Budget Development Discussion 5. Department(s) Updates 6. Other Topics Other items may be added upon Council request or operational need. ACTION REQUIRED Schedule a May Council workshop, a suggested date is May 24th at 6:00 p.m., or another date and time acceptable to the Council. :fully submitted, Ji . " 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator Administrator's Report April 19, 2011 The City Administrator will give a brief verbal update on various items of interest to the City Council and to the residents at the meeting. Listed below are a few areas of interest: 1. Administration & City Department Activities 2. Legislative Topics I Update on Development/CIP Projects 4. Meeting reminders Upon receipt of the meeting packet, if a member of the Council would like an update on a particular item, please notify me so an adequate update can be made. rt�y submitted, GASTAMRHONDAAWGENMCC LIST.doc CITY OF ANDOVER 2011 Monthly Building Report TO: Mayor and City Council FROM: Don Olson MARCH ' BUILDING PERMITS Permit/Plan Total Valuation 5 Residential $ 11,998:20 g5OO $ . 12,498:20 $ 1,000,000.00 Single Family 5 11,998.20 _$ _ 12,498.20 1,000,000.00 Septic Townhome - I Addi tions 1,166.14 29.40 1,195.54 1 58,800.00 Garages 4 Basement Finishes 400.00 20.00 420.00 - I Commercial Building 63.15 0.90 64.05 1,800.00 Pole BldgsBams - Sheds 11 - - Swimming Pools - -- - - Chimney /Stove/Fireplace - - - - 1 Structural Changes 76.25 1.25 77.50 2,500.00 - Porches - - - Decks Gatebos 1 Repair Fire Damage . 923.75 45.00 968.75 90,000.00 1 Re -Roof 75.00 5.00 80.00 - 1 Siding 75.00 5.00 80.00 2 Other 311.01 5.22 316.23 9,950.00 Commercial Plumbing - 1 Commercial Heating 384.53 6.85 391.38 13,700.00 Commercial Fire Sprinkler - Commercial Utilities - - - - Commercial Grading 18 Total Building Permits. $ 15,473.03 $ 618.62 $ . 16,091.65 $ 1,176,750.00 PERMITS, Permit /Plan Tax Total Fees Collected 18 Building Permits _ $ 15,473.03 $ 618.62 $ 16,091.65 $, 1,176,750.00 Ag Building - Curb Cut - Demolition - - - Fire Permits Footing Renewal Moving - - 18 Heating 1,440.00 90.00 1,530.00 6 Gas Fireplaces 450.00 30.00 480.00 31 Plumbing 2,150.00 155.00 2,305.00 I Pumping 15.00 15.00' Septic New - Septic Repair - 5 45 Sewer Hook -Up 125.00 125:00 Water Meter 250.00 250.00 Sewer Change Over /Repair Water Change Over 5 Sac Retainage Fee 111.50 111.50 5 Sewer Admin. Fee. 75.00 75.00 5 Certificate of Occupancy 50.00 50.00 5 License Verification Fee 25.00 - 25.00 Reinspection Fee - 13 Contractor License 650.00 650.00 8 Rental License - .Single 400.00 400.00 Rental License - Multi Health Authority - 125 TOTALS $ 21,214.53 $ 893.62 $ -' 22,108.15 $ 1,176;750.00 Total Number of Flomes YTD 2011 13 of homes YTD 2010 20 ation YTD 2011 $ 3,142,490.00 Lber atin-VTQ 2010 $ 4,314,562.00 ding Department Revenue YTD 2011 $ 67,527.31 ding Department Revenue YTD 2010 $ 72,156.66