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R���� <br /> M�� �o �� <br /> D4VE FRETLAND & VAN VALKENBURG ��n, 241p <br /> LAURA K.FRETLAND PROFESSIONAL�IMITED LIABILIIY PARTNERSHIP PARALEGAL � <br /> PAUL D.DOV£ * ATTORNEYS AT LAW LAURA J.LINS <br /> JAhfE VAN VALKENBURG 5881 CEDAR LAKE ROAD <br /> MINNEAPOL3S,MINNESOTA 55418-1492 <br /> 413 SOUTH RUM RIVER DRIVE,SUITE 6 <br /> OF COUNSEL PRINCETON,MN 55371 <br /> 952-545-900D 763-389-2214 <br /> RICHARD J.SCHIEFFER FAX: 952-545•1793 FAX: 763-389-5506 <br /> DAMIEN F.70VEN FAX 952-542-9210 <br /> 800-343-4545 <br /> "CER7IFIED AS A REAI PROPERTY LAW 235 HASSAN STREET SE <br /> SPECIALIST BY THE MINNESOTA STATE HUTCfiINSON,MN 55350 <br /> BARASSQCIATION E-MAII DFW�DFWIAW.COM 320-587-6239 <br /> WNNJ.OFWUIW.COM <br /> FAX:320-587-4096 <br /> March 29, 2010 <br /> Ron Olson, Finance Director <br /> City of Orono <br /> P.O. Box 66 <br /> Crystaf Bay, MN 55323 <br /> RE: Availabili#y of Utilities in Outlot A, Wiilowfire Additian <br /> Our �ile Na. 13565-09001 <br /> Dear Mr. Olson: <br /> You have reguested an opinion on the availability of utilities (sanitary sewer and water <br /> service) in Ou�lot A of Wilfowfire Addition iri connection with a proposed development in <br /> tfiat area by Common Bond Communities, a non-profit arganization specializing in <br /> affordable housing and related services. In connection with your request, I have <br /> reviewed a document entitled "Agreement" which is undated but which in a marginal <br /> note indicates the Agreement was approved by the Orono City Council on September 9, <br /> 2002. This Agreement addresses provision of sanitary sewer and water services either <br /> through or by the City Qf Long Lake to various locations within #he City of Orona. The <br /> Agreement also refers ta a previous agreem�nt dated August 8, 2001, the "Settlement <br /> F�greement", which I have also reviewed. <br /> The first three numbered paragraphs of fhe Agreement deal with the constructian of a <br /> public road, sewer and water to serve Lot 1, B1ock 1, Willowfire Addition upon which the <br /> Cities of Long Lake and Orono constructed a fire station. <br /> Paragraph 4 of the Agreement provides that Long Lake, "will provicle 350 units of sewer <br /> capacity to serve other properties in Orono." Given the context of the Agreement, this <br /> means 350 singie famify dwelling equivalent connections to serve any property in the <br /> City of Orono other than Lot 1; Block 1, Willowfire Addition. It is clear that some or all of <br /> these sewer connections would be available #o Outlot A, Willowfire Addition. <br /> Paragraph 4 goes onto determine the connection charge of $3,450.00 per unit which <br /> applies to each of the 350 units. Although Paragraph 4 also makes reference #o the <br /> 2002 fee schedule adopted by the (I presume) Long Lake City Council, my reading of <br /> this document indicates that the connection charge of $3,450.00 applies to each of the <br /> 350 units regardless of the time of connection. This opinian is supported by the fact that <br />