10-14-2024 CC Agenda Packet - Laserfiche WebLink

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2 233002v1 192738612.2 NOW THEREFORE, in consideration of the mutual covenants herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, City and Owner agree as follows: 1. EXISTING SEWER LINE. The City authorizes the connection of the new main to the existing sewer structure (manhole) at the corner of Leaf Street and Bayside Road. 2. NEW SEWER LINE EXTENTION; OWNER REIMBURSEMENT. The Owner, as the initial beneficiary of such sewer line extension, will design, construct and pay for a new sewer line to be installed within the privately-owned Fox Street (Outlot A, Fullerton Estates, Hennepin County, Minnesota) and the Leaf Street public right of way as depicted in Exhibit A attached hereto and incorporated herein by reference (collectively, the “Improvements”). Notwithstanding Owner’s payment obligation described in the prior sentence, for a period of 15 years after the City’s acceptance of the Improvements constructed pursuant to this Agreement (the “Reimbursement Period”), Owner shall have the right to collect fees paid by other property owners of the eleven properties abutting Fox Street that wish to connect to and benefit from the Improvements in the future (each a “Future Fox Street Beneficiary”), as reimbursement to Owner for the substantial costs incurred by Owner for designing, constructing and installing the Improvements. The amount of such reimbursement from any Future Fox Street Beneficiaries shall be the same as that Future Fox Street Beneficiary’s cost-share allocation set forth in that Declaration of Private Road Easement and Related Covenants (Fox Circle), filed in the Hennepin County Registrar of Titles as Document No. T2868639 (the “Fox Street Cost-Share Allocation”) of the total actual amount incurred by Owner for the design and construction of the Improvements, which total actual amount shall be agreed to in writing by the Owner and City upon the City’s acceptance of the Improvements, as set forth in this Agreement. During the Reimbursement Period, prior to approving any connection to the Improvements within Fox Street by a Future Fox Street Beneficiary, the City shall charge a connection fee that includes such Fox Street Cost-Share Allocation, which, in turn, the City shall promptly deliver to Owner at the notice address set forth in this Agreement. 3. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The Improvements shall be installed in accordance with City standard specifications for utilities and street construction; and any other ordinances including those concerning erosion and drainage and any prohibiting grading, construction activity, and the use of power equipment. The Owner shall submit plans and specifications which have been prepared by a competent registered Minnesota professional engineer to the City for approval by the City Engineer. The Owner shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control. In addition, the City may, at the City’s discretion and at the Owners’ expense, have one or more City inspectors inspect the work as the City may reasonably determine to determine whether the Improvements are installed in accordance with the City’s requirements set forth in this Agreement. The Owner, its contractors and subcontractors, shall follow all instructions received from the City's inspectors, to the extent following such instructions are necessary to comply with the requirements set forth in this Agreement. The Owner's engineer shall 198