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HomeMy WebLinkAboutCopy of License Agreement A ►.�T K� 2� ARLO H. VANDE VEGTE, R A. ATTORNEY AND COUNSELOR AT LAVH 6 1 2- 4 7 5 - 2 2 1 9 1650 W. WAYZATA BOULEVARD P.O. BOX 39 LONG LAKE, MINNESOTA 55356 November 30, 1987 I I '� nFC - I I987 Mark Bernhardson � City Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55323 RE: Connection by CiCi into Long Lake Water Ser ice Dear Mark: CORyz.ATwb Enclosed please find a fully executed copy of the license agreement between CiCi 's , the City of Orono and the City of Long Lake. Very truly yours, f\2\0 t 'LINCCt, Arlo H. Vande Veg AV jlh Enc. LICENSE AGREEMENT THIS AGREEMENT, made this day of , 1987, by and between � Pandeli CiCi and Ingeborg CiCi , husband and wife (hereafter called "Licensees") and the City of Long Lake, a municipal corporation under the laws of Minnesota (hereafter called "Licensor"): WITNESSETH: WHEREAS, Licensees are the fee owners of certain real property located within the corporate limits of the City of Orono and Hennepin County, Minnesota, said real property being legally described on the attached Exhibit A; and WHEREAS, Licensor is the owner in fee of certain real property located within its own corporate limits and Hennepin County, Minnesota, said real property being legally described as Lots 8 and 9, Block 2, Green Glen, said property being part of city parkland known as Green Glen Park; and WHEREAS, Licensees desire to construct a day care center upon the northeasterly portion of their property and desire to service the same with water service from Licensor's municipal water main located in the cul-de-sac at the southeasterly end of Glenmoor Lane within Licensor's corporate limits; and WHEREAS, the City of Orono consents to the connection of Licensee's day care center to Licensor's municipal water service under the terms and conditions set forth herein; and WHEREAS, the State Department of Natural Resources has granted a "License to Cross State Lands" to Licensees for a period of 25 years so that Licensees may construct, maintain and operate said water line under and through the Luce Line Trail ; and WHEREAS, Licensor's engineer has examined Licensee's plans and specifications for construction of said water line and found them to be in accordance with sound engineering principles; and WHEREAS, Licensor desires to allow Licensees to construct, maintain and operate said water line across its above-described real property and to connect the same to Licensors municipal water main in the said Glenmoor Lane cul-de-sac according to the said approved plans and specifications and the terms and conditions set forth herein; NOW, THEREFORE, based upon the foregoing recitals and the covenants and provisions herebelow set forth the parties agree as follows: 1. Grant of License to Connect to Long Lake Watermain. Licensor hereby grants toTicensees the right to connect to the municipal watermain located in the Glenmoor Lane cul-de-sac a private six inch watermain according to the plans and specifications prepared by Clark Engineering and certified September 16, 1987. Said plans and specifications are hereby incorporated into this agreement by reference and thereby made a part hereof. The granting of this license also permits Licensees to construct, maintain and operate said watermain over, under and across those portions of Lots 8 and 9, Block 2, Green Glen according to said plans and specifications and subject to the further terms and conditions of this agreement. The license hereby granted shall be indefinate unless terminated as provided herein. 2. Purpose of Watermain. Licensees represent that the sole and exclusive purpose of said watermain is to give water service to a building to be constructed for day care purposes in the northeasterly corner of Licensee's aforedescribed real property. Licensees agree that they shall neither permit, allow nor cause to be connected to said private watermain any additional structures without first obtaining the written consent of Licensor and the City of Orono. 3. Restoration. Licensees warrant that they will , at their expense and within 30 days of installation of said private watermain, restore Licensor's property to the condition in which it existed, or as near as may be, immediately prior to construction and installation of said watermain over, under and across Licensor's property. Licensees are hereby allowed an area 10 feet either side of the location of the watermain in which to conduct their installation and construction activities and within which to service and maintain said watermain following its completion. 4. Service, Maintenance and Billing. The parties agree that said watermain shall be entirely private and Licensor shall have no obligation whatsoever to service or maintain it. In the event Licensees have need to service or maintain the line on any part of Licensor's property or upon the Glenmoor Lane cul-de-sac they shall first notify Licensor of such need and shall not proceed with the service or maintenance until such notification has been actually delivered. Licensees shall immediately restore Licensor's property to its original condition upon completion of such service and maintenance. Licensor shall have the right to come onto Licensee's property at any time to inspect the construction, operation or maintenance of the line and/or its connections or to read meters. Furthermore, Licensees shall install or allow Licensor to install a water meter meeting Licensor's specifications upon the connection to Licensees ' building for the purpose of metering Licensees' water usage and billing for the same. Licensees agree to pay directly to Licensor the same water rates as are from time to time billed by Licensor to other users of its municipal water system within the City of Orono. Licensees will be billed by Licensor quarterly or at such other intervals as Licensor deems appropriate for Licensee's water usage. Licensees shall pay the same promptly. Licensor reserves the right to terminate Licensees' water service for non-payment upon 30 days written notice and to temporarily terminate the service in the event Licensor determines that it cannot meet the demands of all users of its municipal water system. This includes giving Licensor the right to discriminate against properties not located within Long Lake in favor of property within it. Licensor shall notify the City of Orono of intent to terminate or temporarily stop service. 5. Connection and Hook-up Fees. Licensees agree to pay all appropriate connection and hook up fees levied by Licensor to permit connection into its municipal water system. 6. Indemnification. Licensees agree to hold harmless and to indemnify Licensor from any and all liability or claims of whatever kind or nature arising out of Licensees' construction, operation or maintenance of said private water line. In addition Licensees agree to pay Licensor for all costs of a legal or engineering nature incurred by Licensor in connection with this agreement. 7. Termination. Licensor reserves the right to terminate this license upon 120 days written notice to Licensees for any cause. Licensees shall remove all property or structures from Licensor's lands following the termination date. 8. Successors and Assigns. The terms of this agreement shall be binding upon Licensees' heirs, administrators, successors and assigns. 9. Miscellaneous. This agreement constitutes the entire agreement between the parties. It may not be amended without a written instrument signed by both parties. No delay in enforcing any of the conditions of this license shall operate as a waiver of any of Licensor's rights and the violation of any of the conditions hereof shall be cause for termination. In the event it shall become necessary for Licensor to engage the services of an attorney in order to enforce any of its rights hereunder, Licensees agree to pay all costs of such enforcement including reasonable attorneys fees, expert witness fees, engineering fees and/or costs and disbursements. IN WITNESS WHEREOF, the parties have caused this agreement to be exeucted and delivered the day and year first above-written. jaaddA Ili; Pandeli CiCi 4 x.0'0 �' (� Ingeborg C i °(3 CITY OF LONG LAKE (i:C2 - By: , ,- ____,L.(/7 Mayori 4:11 //.4 ,-0.,---,1 Ci ty\erk STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 14TH day of OCTOBER , 1987, by Pandeli CiCi and Ingeborg CiCi , husband and wife. PENNIE K. MOHLIN u u NOTARY PUBLIC—MINNESO'. �;y� ? HENNEPIN COUNTY ��/7Cr��/J t � . � ( C.E'4.Il� '•4N.: My Commission Expires May 18, ,v. 4+++++r.4�r..fNotary u i c 1 STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this /� - day of Lxac Q , 1987, by Owen Smeby, Mayor and LuVerne Hanson, City Clerk of the City of Long Lake, a municipal corporation under the laws of Minnesota, on behalf of the City. vary CONSENT The foregoing agreement is hereby consented to by the City of Orono. Dated: /7- 9-Z7 CITY OF ORONO B . ,� ,." By; 60gOKOJ\C61 r-- �~^ JOHN R. GERHARDSON STATE OF MINNESOTA "'�t� NOTARY PUBLIC-MINNESOTA SS. HENNEPIN COUNTY COUNTY OF HENNEPIN ) 41) The foregoing Consent was acknowledged before me this <� day of /J r 1987, by 96,nu, , 4 ��f „ <,�- and7,,«1.Ia Ec.':e of the City of Orono, a municipal corporation under the laws of Minndsota, on behalf of the City. i. Notary Public This Instrument Was Drafted By: Arlo H. Vande Vegte, P.A. Box 39 Long Lake, MN 55356 .4i-,r,,;. • ... .is,tis • s-. 7':::_•__- -�"'----_ •-r-�•-.,�.= .r. may.---- -------"----- Tpart of the Southeast 1/4 of the SE V4 of Section 35, Township 118, North Range 23, s g at he o W of the 5th Principal Meridian desclrbed allorthlofstheeNElylline of thenrighton tof W line of said SE 1/4 of the SE 1/4, 29.7 feet Northern Railway Company; thence N along the W line of said SE 1/4 way of the Great right of way of the Electric Short Line Railway .Company; of SE I/4 to the S line of the Companyto the SWIy thence Ely along the South line of said thenceElectric SElShort alongLine said SWIyYlofsaid Highway No. 10; Y line point State Hwy 12,3formerly toa distant 385 feet measured al right angles from the S line of Section 35; thence Wly parallel with and distant 385 feet thedpat oint'oftbeginningles �� the S line feet of said Section 35, a distance of 1011 :05 of the ALSO, all that part of the SW 1/4 of fhe1/4 ofe Sect i ynC35/A 18/23aipany lying NEly S of the SEIy right of way line of the Electric Sh NEiy right of way line of the Great Northern Railway Company. EXHIBIT A,: ;'%r .