HomeMy WebLinkAbout1983-10-25 Sewer Construction AgreementCITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
DEVELOPER'S AGREEMENT FOR
CONSTRUCTION OF CARMAN STREET
SANITARY SEWER PROJECT
DEVELOPERS
WARD EDWARDS
RICHARD EDWARDS
EDWARD LEHMAN
THIS AGREEMENT, made and entered into this 25 day of
October , 19830 by and between the City of Orono, a municipal
corporation un er the laws of the State of Minnesota (hereinafter called "City"),
and Mr. and Mrs. Ward Edwards, Mr. and Mrs. Richard Edwards, and Mr. and Mrs.
Edward Lehman jointly, and severally, their heirs, successors and assigns,
(hereinafter called "Developer").
W I T N E S S E T H:
WHEREAS, the Developer has made application to the City Council for
approval of plans to construct a sanitary sewer system to serve property owned by
the Developers and legally described as follows:
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P.I.D. 20-117-23 12 0028 =Ntv
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AND, WHEREAS, the City Council has granted appy va/1/for such
development on the condition that the Developer enter into this agreement to
provide for the installation of improvements hereinafter described on the terms
and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the premises and of the mutual
promises and conditions hereinafter contained, it is hereby agreed by the City and
Developer:
1. a) Pursuant to Chapter 429 of Minnesnta Statutes, the City does hereby
order Bonestroo, Rosene, Anderlik and Associates, Inc., City
Engineers, to prepare plans and outline specifications for the
extension of municipal sanitary sewer to the above described three
properties as follows:
The project shall include one central duplex, package -type grinder
pumping station with a force -main to the existing sewer system in
Carman Street and gravity lateral and service lines to the subject
three lots according to the feasibility report dated August 5,
1983, as amended by letter dated August 17, 1983, attached hereto as
Exhibit A. Service shall be provided to the two existing
residences at 2470 and 2480 Carman Street, with a stun provided for
future connection of the intervening vacant lot.
Page 1 of 7
,,! jDRESF :
b) Upon completion of the plans and outline specifications and
approval thereof by the City Council, five sets of the plans and
specifications shall be delivered to the Developer who shall
thereafter bid and/or contract with a City -approved, State -
licensed plumbing contractor to install the complete system with
said Developer's assuming the complete cost thereof, including
without limitation all excavation, backfill, electrical
connections, restoration, septic tank pumping and abandonment,
street opening, tapping, barricades, street restoration and other
items necessary for a complete operating system.
c) The City shall obtain all required Pollution Control Agency and
Metropolitan Waste Control Commission sewer extension permits.
The City shall not uc liable for failure to obtain the permits.
d) The Developer's licensed contractor shall obtain from the City two
sewer connection permits for the two existing residences at 2470
and 2480 Carman Street, which combined permits shall constitute the
only City permit required to install the proposed system to and
including connection of the existing residences. A third
connection permit shall be required whenever a new hou-se is built on
the third vacant lot.
e) The undersigned owner shall pay to the City all required permit,
connection and sewer availability charges prior to issuance of the
constructicn permits, as follows:
2470 (exist.) 2474 (future) 2480 (exist.)
Permit Fee S 20.50 deferred $ 20.50
MWCC/SAC 5425.00 deferred $425.00
Navarre Connection $375.00 deferred $375.00
Unit
ADDRESS:
$820.50 deferred $820.50
f) Upon payments to the City of the amounts due to the City under the
agreement, the City shall reimburse the Developers upon completion
and approval of the project by the City, in an amount equal to the
estimated cost of providing pumps for gravity sewer service to each
property consistent with past City sewer projects, as follows:
2470
Amount to be paid $3,500
by City to Developer
2474
$3,500
2480
$3,500
In addition, the City shall pay the City's Engineer costs,
estimated to be 5900 for each of the units.
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g) The City Engineer shall inspect the work during construction and
the Developer and their contractor in return for the above
reimbursement shall and hereby do agree to abide by the City
Engineer's directions regarding installation and construction
practices.
h� Prior to final acceptance by the City, the Developer shall provide
to the City c: permanent utilityeasement over, on, across, and under
that port.ion of their property within which will exist the City -
owned portion of the proposed syst(m, in a form approved by the City
Attorney.
i) The Developers hereby agree to deed, grant and gift to the City, and
the City hereby agrees to accept and to thereafter maintain and
operate upon completion and final acceptance of the project by the
City that part of the project in the public right of way or easement
consisting of the forcemain sewer, the pumpinc,, station, and the
gravity lateral lines including mannoles but excluding individual
service stubs or lines to the three properties.
j) The Developers shall pay all construction costs and the City shall
pay its engineering costs out of the connection charges, there
shall be no special assessment for installatio. cf this project.
3. Construction Plans: The plans and specifications for the complete
installation of the Improvements are attached as Exhibit B. The plans and
specifications shall conform to all current City standards for all applicable
work.
4. Construction of Improvements:
A. Commencement Date -The constructionof Improvements shall begin no
later than November 7, 1983
R. Completion Date - All Improvements shall be completed no later than
June 1, 1984
C. Contractors - The Developer shall select, retain and supervise the
Contractor(s) responsible for Improvement construction. The
City reserves the right to require satisfactory proof of successful
experience and adequate financial status of any such contractor.
Where required by City ordinance, the contractor shall first obtain
a license from the City.
D. Pre -construction Conference - Prior to the start of any
construction, the Developer and the Developer's Contractor shall
meet with the responsible City officials to review construction
plans and schedules.
Page 3 of 7
Improvements:
In accordance with the
policies and ordinances of
thr City,
the Developer's
above described public
or private improvements
(here:r;a'ter
collectively called
the "Improvements")
shall be constructed and
in:.;alled
by the Developer at
their cost on the terms
and conditions hereinafter
and her•>_,hc
ve contained
3. Construction Plans: The plans and specifications for the complete
installation of the Improvements are attached as Exhibit B. The plans and
specifications shall conform to all current City standards for all applicable
work.
4. Construction of Improvements:
A. Commencement Date -The constructionof Improvements shall begin no
later than November 7, 1983
R. Completion Date - All Improvements shall be completed no later than
June 1, 1984
C. Contractors - The Developer shall select, retain and supervise the
Contractor(s) responsible for Improvement construction. The
City reserves the right to require satisfactory proof of successful
experience and adequate financial status of any such contractor.
Where required by City ordinance, the contractor shall first obtain
a license from the City.
D. Pre -construction Conference - Prior to the start of any
construction, the Developer and the Developer's Contractor shall
meet with the responsible City officials to review construction
plans and schedules.
Page 3 of 7
E. Permits - Prior to the start of any construction, the Developer's
ContracLor shall apply for and receive all necessary permits from
the City and/or government agencies having jurisdiction.
F. Constru::tion - The construction, installation and materials shall
be in accordance with the plans and specifications approved by the
City.
G. Tnsurance - The Developer will cause each person who constructs and
installs any Improvement to maintain complete insurance_ coverage
including Workmen's Compensation, Liability and Property Damage.
S. In lieu of a warranty or performance bond it is agreed that although
the City may approve the project as being completed for use by the developer, the
City will :-iot be responsible for or take over ownership of the project until one
year after the City has approved the project as being complete. The Developer
will be responsible for all costs in maintenance related to the project. Until
tht time the City will not accept responsibility for the project unless the
project is in satisfc..tory operating condition as determined by the City
Engineer.
5. Notice to Buyers: Developer's shall inform each respective buyer
of the propertys of the terms of the agreement.
7. Resolutions of City: Developer agrees to be bound by the
provisions set forth in all resolutions of the City Council approving the
D .elopment.
8. Binding Effect: The terms and provisions hereof shall be binding
upon and inure to the benefitof the heirs, representatives, successors and asigns
of the parties hereto. References herein to Dever• )er, if there be more than one,
shall mean each and all of them. This agreement a� _he option of the City shall be
placed of record so as to give notice hereof to subsequent purchasers and
encumbancers of all or any part of the property.
9. Notices: Whenever in this agreement it shall be required or
pe,,_itted that notice or demand be given or served by either party to this
agreement to or on the other party, such notice or demand shall be delivered
personally or mailed by United States certified mail (return receipt requested)
to the addresses set forth below. Such notice or demand shall be deemed timely
gi ,en when delivered personally or when deposited in the mail in accordance with
thc above.
NOTICE TO CITY
City of Orono
City Clerk
P.O. Box 56
Crystal Bay, MN 55323
NOTICE TO DEVELOPER
Richard A. Edwards
2480 Carman Street
Wayzata, MN 55391
Page 4 of 7
NOTICE TO DEVELOPER
Edward T. Lehman
2470 Carman Street
Wayzata, MN 55391
NOTICE TO DEVELOPER
Ward E. Edwards
3545 Glenhurst Avenue
St. Louis Park, MN 55416
Mary C. 4
er, Mayor
Alberta M. Strom, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The fore in instrument was acknowledged b fare,. e t 's 1� day
of � 1983, by _17�. and
Mayor an City Ier ,, rive y—the
City o Orono, a Minnesota municipal corporation, en behalf of the municipal
corporation. I
1
DOROTHY HAUM
w.:H.iriM�CO=NTYn a r y P u b c
We have read and understood the above agreement and agree on behalf of
ourselves, successors and assigns that the use of the above described property may
be so regulated by the City of Orono and agree to the filing of a copy of this
,agreement in the chain of title to the property.
Ward E. Edwards
STATE Ot MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this '7 t•/ day of
_�YL� t•.:. / `, 1993, by V F.. r . <r t and
fir. _,,,�.: , husband and wife, respectively, known to me to be
the person(s) described in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and d, ed.
i of ry.,ublic
• CNERYI A BRASH
140TOY MIMIC IES
MWOTA
ice• ry
Page h of 7 My Cwnemw E+s K Aw 22.1917
■ ''
10. Incorporation by Reference: All plans, special provisions,
proposals, specifications and contracts for the Improvements furnished as let
pursuant to this agreement shall be and hereby are made a part of this agreement by
reference as fully as if set out herein in full.
11. Disclaimer by City: It is understood and agreed that the City, the
City Council, and the agents and employees of the City shall not be personally
liableorresponsible in any manner to the Developer or Developer's contractors,
subcontractors,materialmen, laborers, oranyother person, firmor corporation,
for any debt, claim, demand, damages, actions or causes of action of any kind or
character, arising out of or by reason of the execution of this agreement or the
performance and completion of the Improvements.
12. Hold harmless and Indemnification: The Developer shall
indemnify and hold harmless the City, the City Council, and the agents and
employees of the City from and against all claims, damages, losses or expenses,
including attorney fees, which the City, City Council and agents and employees of
the City may suffer or for which it may be held liable, arising out of or resulting
f rom the assertion against them of any claims, debts or obligations in consequence
of the performance of this agreement by the Developer, its employees, agents or
subcontractors, whether or not caused in part by a party indemnified hereunder.
13. Remedy for Default: Default by the Developer of any of the terms of
this agreement shall automatically result in the suspension or withholding of all
permits, licenses, occupancy certif icates or other authorizations issued in this
d. vol,pment.
A. The Developer hereby grants to the City, its agents and its
employees, the right to enter on the property for the specific
purpose of constructing or completing any and all of the agreed upon
Improvements should the Developer not complete those Improvements
b; the date specified in Section 4-B.
B. The remedies afforded to the ",*ty under this Section shall be in
addition to any other temed;,s to which the City may be entitled by
law or other agreement.
IN WITNESS WHEREOF, the City and Subdivider have caused this agreement
to b!• duly executed on the day and year first above written.
Page 5 of 7
STATE or MINNESOTA
SS.
COUNTY CF HENNEPIN
J � '
Edward T. Le man
pouse
The foregoing instrument was acknowledged before me this 7TH day of
�t%t'✓E✓nn'EiL r 1983, by �A'e j, GA /n+.r.� and
G�rALAAy LF_n/✓+.vim husband an -d wife, respective- yam, known to me
to bet a persons) described in and who executed the foregoing instrument, and
acknowl-dged that he (they) executed the same as his (their) free act and deed.
Y M M/1MMAM/.M�MAN.MnMM1AMM ■
/ ALLAN E.NYGAARD
Notary Public -
'MIA WIRES JAN 30 .989
Y ee~✓ w '-Vv ■
Richard A. Edwards
pouse
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _' rf/ day of
, 19 8 3 , by .0 E w.vAt j a n d
o�!1w,�r,J� ,.,, .E�c✓gZAI , husband and wife, respective y, known to me to be
the person(s) described in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
YA�1yM V•MM1�M.\1/WWNM•
SL
ANE N1'GLiRD
ik
ir0fsGc�Y.wtjr�/.
Notary Public ,�) JAN 3U 1969
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