HomeMy WebLinkAbout1983-10-25 Developer Sewer Agreement Pg1•►
CITY 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 enterad into this 25 day of
October , 1983, by and between the City of Orono, a� municipal
corporation under the lavas 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 prr.perty owned by
the Developers arid legally described as follows:
P.
I . D.
20-117-23
12
0027
P.I.D.
20-117-2_ 3
12
0029 ✓
P .
I . D.
20-117-23
12
0043
AND, WHEREAS, the City Council has granted approval 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 r,f Mi nnesota Statutes, the Ci tv 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 248(3 Carman Street, with a stub provided for
future connection of the intervening vacant lot.
Page 1 of 7
i JDRESS :
b) Upon completion of the plans and outline specifications and
approval thereof by the Ci ty Counci 1 , f ive 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
withOLIt 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 be liable for failure to obtain the permits.
d) The Developer's licensed contractor ahail 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 house is built on
the third vacant lot.
e) The undersigned owner shall pay to the City all required permit,
connection and sewer availability charges pc f or to issuance of the
construction permits, as follows:
2470 (exist.)
Permit. Fee, S 20.50
MWCC/SAC S425.00
Navarre Connection $375.00
Unit
2474 (future)
deferred
deferred
deferred
2480 (exist.)
S 20. 50
$425.00
$375.00
$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:
ADDRESS: 2478 2474 2480
Amount to be paid $3,500 $3,500 $3,5OQ
by City to Developer
In addition, the City shall pay the City's Engineer costs,
estimated to be 5900 for each of the units.
Page 2 of 7
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 Ci ty a permanent ut i 1 i ty easement over,, on, across, and under
that portion of their property within which will exist the City -
owned portion of the proposed system, 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
coe,i.,t-ir.r4 of the fnrcemain sewer, the pumping station, and the
gravity lateral lines including manholes 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 installation of this pro je,•t..
2. Improvements: In accordance with the policies and ordinances of
the City, the Developer's above describers public or private improvements
(hereinafter collectively called the "Improvements") shall be constructed and
installed by the Developer at their cost or, the terms and conditions hereinafter
and hereabove 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 construction of Improvements shall begin no
later than November 7, 1983
B. 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 cor `ractor shall f irst 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
Contractor shall apply for and receive all necessary permits from
the City and/or government agencies having jurisdiction.
F. Construction - 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.
5. 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 not 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
that time the City will not accept responsibility for the project unless the
project is in satisfactory operating condition as determined by the City
Engineer*
6. 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
uevelopment .
8. Binding
Effect: The terms
and provisions hereof
shall be binding
upon and inure to the benef it of the heirs,
representatives, successors and asigns
of the parties hereto.
References herein
to Developer, if there
be more than one,
shall mean each and all
of them. This agreement at the 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 regvired or
permitted 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
given when delivered personally or when deposited in the mail in accordance with
the above.
NOTICE TO CITY
City of Orono
City Clerk
P.O. Box 66
Crystal Bay, MN 55323
NOTICE TO DEVELOPER
NOTICE TO DEVELOPER
Edward T. Lehman
2470 Carman Street
Wayzata, MN 55391
NOTICE TO DEVELOPER
Richard A. Edwards Ward E. Edwards
2480 Carman Street 3545 Glenhurst Avenue
Wayzata, MN 55391 St. Louis Park, MN 55416
Page 4 of 7
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
liable or responsible in any manner to the Developer or Developer's contractors,
subcontractors, materialmen, laborers, or any other person, firm or 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, ar ising 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 certificates or other authorizations issued in this
development.
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
by the date specified in Section 4-B.
B. The remedies afforded to the City under this Section shall be in
addition to any other remedies to which the City may be entitled by
law or other agreement.
IN WITNESS WHEREOF, the City and Subdivider have caused this agreement
to be duly executed on the day and year first above written.
Page 5 of 7
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The fore
of
City of Orono, a
corporation.
Mary C. butler, Mayor
Lam• C C� %/ • �� :��7sJ
Alberta M. Strom,
City Cler
pin instrument was acknowledged bore
1953, by 1-% Lam. tf .
Mayor ai7d City Jerk,
irinesota municipal corporation,
on behalf of
DOROTHY U. HAWN r-�
NORAATA �IA�IO�MMIA�O�A A_
NNE'IN Notary Pub c
_ZZd a y
t and
ive y, of the
the municipal
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 cf title t: the property.
�C-
Ward E. Edwards
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
1� The foregoing instrur cnt was acknowledged before me this �� day of
____•T Int-+ �r i, 2 / - ,
1983, by � f � � � ,y t r � - - - a n d
husband and wife, respectively, known to me to be
the person(s) described n and who executed the foregoing instrument, and
acknowledged that he ( they) executed the same as his ( their) free act and deed.
CHERYL A BRASK
NOTARY PMIC -MINNESOTA
HENIIEP0 COUNTY
Page b o f 7 My font fomes Aub 22 1967 ;
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Edward--T--.'Lehman
Spouse
The foregoing instrument was acknowledged before me thi3VL� day of
v&1E-eh&�.L , 1983, by "-.,�Ajd i LAN *"ov and
�96e 110 ""'j husband and wife, r espec FT ;; a y, known to me
to bet the person (s) escr abed In and who executed the foregoing instrument, and
acknowledged that he ( they) executed the same as his (their) free act and deed.
• AAAAAAAAAA A& A.. - - - . - - - - - -
STATE OF MINNESOTA }
ss.
COUNTY OF HENNEPIN )
Notary
----------•. --
L�
Richard A. Edwards
pause
The foregoing instrument was acknowled ed before me this ' Tit day of
- ���-•!�/1— , 19 8 3, by a n d
AA s✓ 'p , husband and wi e, 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.
Notary Pub
Page 7 of 7
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