2007-08-20 CSAH 37 Agreement~u~t i~ L y~~ ,~i ~~Ill ~ ti, L~ ~'.1~i~1~ ii I`¢~}~~i~iZ ~I ~~Il~.1`+l ~ «~~r~_L,R- le~~~'.i`~1.~-, ii Via. ~ ~~~d ~~e1LiN
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TES' A~REET~EI'~1T, made and entered into by and between. the County of
WTlgll(, 1~111TlPCQta af_tlYlC7 (1~7 and t,}luviiurr~~ itc ~n~int~~ r2nnrri f~ (~' .
_•.t, J (~... ~.v uii~~ Lvutu of 1~V111.t1.11ss1o11erJ
(the "County") and the City of Albertville, Minnesota, acting by and through its
City Council ("Albertville") and the City of Otsego, Minnesota, acting by and
through its City Council ("Otsego").
WI-€EI~EAS, a study of the transportation needs of the north east quadrant of
Wright County has been previously performed via a report dated June, 2004,
which identified that the portion of CSAH 37 addressed in this Agreement has
been identified as a candidate for turn back to Albertville and Otsego; and
WHEREAS, improvements to Wright County State Aid Highway No. 37 ("CSAH
37") are necessary in conjunction with the development of property in Albertville
located on the south right of way line of CSAH 37, east and north of Interstate No.
94, and west of MacGiver/MacKenzie Avenues as shown on the attached Exhibit
A (the "Morris Property"); and
WHEREAS; the pa,-riPC cnnrPmrplarP chat ft:ture improvements Will 13e necessary
with the development of property in Otsego located on the north right of way line
of CSAH 37, east and north of Interstate No. 94, and west of McGiver/MacKenzie
Avenues as shown on the attached Exhibit A (the "Fide Property"); and
WHEREAS, a Cooperative Agreement between the County, Albertville, and
Otsego outlines the responsibilities and financial commitments related to the
development of the Morris and Eide Properties.
NOW THEREFORE, IT IS RZUTUALLY AGREED AND UNDERSTOOD
THAT:
1. Albertville shall, at its expense or at the expense of the owner of the
Morris Property, construct or cause to be constructed the road
improvements shown on the attached Exhibit B. Such road
improvements shall be substantially completed by October 31, 2008.
2. `The parties contemplate that as some point after development of the
T~~orr-is Property commences a t_rafFic control signal_ ("~'raffic Control
Signal") relay be .Zeeded at the intersectioi3 0~` C ~~~I-i 37 and the
17r`~i">c~sF-r1 Lyinoi ,~';vr:luf~ sE~i.~c~~~ u~~ I~~liil;it f~. ~raytiirlo «<ter the
issuailc.e of an occt~pa~~cy hermitror any Building on the Morris
Property, Allertville or Otsego, upon concluding that installation of a
Traffic Control Signal at CSAH 37 and Lymon Avenue would be in the
best interest of the public, may request that Wright County require the
construction of a three-sided Traffic Control Signal in substantially the
configuration shown on the attached Exhibit C. In response to such
request, or ti1,,oii its o"w ii iiutiatioli, vJrigiit County iiiay, iri its discretion,
require Albertville to install said Traffic Control Signal, in which case
Albertville shall install, at its expense or the expense of the owners of
the Mon-is Property, said Traffic Control Signal in accordance with
plans and specifications approved by the County Highway Department.
3. Upon construction of the three-sided Traffic Control Signal, Albertville
shall be responsible for providing the necessary electrical energy for the
operation of the Traffic Control Signals, and any electrical energy for
street lights. In addition, Albertville shall be responsible, at its cost and
expense, to (1) relamp the Traffic Control Signals; and (2) clean and
paint the Traffic Control Signals and cabinets; (3) provide the
maintenance on luminaries; and (4) reimburse the County for
maintaining the EVP System. (Emitter units may be installed and used "
only on vehicles responding to an emergency as defined in Minnesota
Statues Chapter 169.01, Subdivision 5 and 169.03). In the event said
EVP .ciySiCrii or Cvii,pOiieiitS arc, in the Opiriioii Of tiie COiiritj%, being
misused or the conditions set forth herein are violated, and such misuse
or violations continues after the receipt by Albertville of written notice
thereof from the County, the County shall remove the EVP System, at
Albertville's expense.
4. The parties contemplate that at some point after development of the
Eide Property commences, the fourth side of the Traffic Control Signal
. (controlling traffic to and from the Eide Property on the north side of
CSAH 37) may be needed at the intersection of CSAH 37 and the
proposed Lymon Avenue shown on Exhibit B. At the time of platting
of the Eide Property or anytime after such platting of the Eide Property,
Albertville or Otsego, upon concluding that the installation of the fourth
side of a Traffic Control Signal at CSAH 37 and Lymon Avenue would
be in the best interest of the public, may request that Wright County
require the construction of such fourth side of the Traffic Control
Signal. In response to such request, or upon its own initiation, Wright
County rnay, in its discretion, require (~tse~o to install said fourth side
of ts~e raffic Control Si~iial. =±n v~~liich case ~is~~o shall install. at its
~ii~)f'al~~~. ai t~la°, ~~1.J~:;1~cP 0~3 tt~i.~ LrL`v ds„"~ ~i:3 ~a.~ ~',le~i. b','~i"~~~s...:"l~' ~~t~ fi~Z1T~t11
side of tl~e rtraflic ~'olitrol ~'i~.t~f~_1 ii] accol-d-+_Ii~ r' ~j;-ith plans and
specifications approvE:cl I:~y the Coul~ty 1~igh~~~ay I~~ f~artrnent, and shall
install, at Otsego's expense or the expense of the owners of the Fide
Property, any road improvements to C SAS 37 or changes to the Traffic
Control Signal which Wright County determines a_re necessary to allow
the Fide Property to access CSAII 37 at the Lymon Avenue
intersection.
5. Upon construction of the fourth side of the traffic signal, Otsego and
Albertville ag-ee to each be ~0% responsible- for providing the
necessary electrical energy for the operation of the four-sided Traffic
Control Signal, and any electrical energy for stI-eet lights on CSAH 37
east of Interstate 94 and west of MacIver/MacKenzie Avenue. In
addition, Albertville and Otsego shall each be 50% responsible for the
cost and expense to (1) relamp the Traffic Control Signals; and (2) clean
and paint the Traffic Control Signals and cabinets; (3) provide the
maintenance on luminaries; and (4) reimburse the County for
maintaining the EVP System. (Emitter units may be installed and used
only on vehicles responding to an emergency as defined in Minnesota
Statues Chapter 169.01, Subdivision 5 and 169.03). In the event said
EVP System or components are, in the opinion of the County, being
misused or the conditions set forth herein are violated, and such misuse
or violations continues after the receipt by Albertvil_le and Otsego of
Written nCtlCe thereof froiii the CoiZrlty, tl'ie CGUr'ity sl'iali remove ille
EVP System, at Albertville's and Otsego's expense.
6. Upon Completion of any portion of the Traffic Control Signal, it shall
be the County's responsibility at its cost and expense to (1) maintain the
signal controller, (2) determine the appropriate signal timing sequence,
(3) provide phone service to the controller for remote servicing, (4)
provide for replacement of poles, cabinet etc. if they should be damaged
~~ through vehicle collision etc. (major maintenance), (5) provide
maintenance for the EVP system which costs would be reimbursed by
Albertville and/or Otsego pursuant to the terms of this Agreement.
7. Albertville and Otsego shall each indemnify, save and hold harmless the
County and all of its agents and employees of any form against any and
all claims, demands, actions or causes of action of whatever nat~~re or
character arising out of or by reason of the execution or performance of
each party's respective worl: provided for herein to be performed. The
County shall indemnify. save and hold harmless Albertville and Otsego
and all of its agents an~i employees of anv •o=`ii~ ~~ainst al~y and all
cl~?irns, c~er-~=ends, ~c:tio~s or c _.~1s~s of ~ c~io~ ~~ ~;ti, _;,:w~, ~- ~?~t~zre or
C:11~_~"/~_C;t~t 1y iS.il~ ;?'s_1"L of i?~ ~y rF~ ±_`~11 (Di dl~ c~_P.C.~I~lot7 or pC~()"a""i~l~~?Ct~ Of
d~~e wu~~k Provided ioi~ her~:.in io lie performed by the Coul~ty.
Albertville and Otsego shall indenulify, save and hold harmless each
other and all of thei?- agents and employees of any form against any and
all claims, de~7lands, actions ol- causes of action of whatever nature or
ch~~racter arising out of or by reason of the execution oi- performance of
each party's respective work provided for herein to be performed.
8. It is further agreed. that any and all full-time employees of the County
and all other employees of the County engaged in the pel-formance~ of
any work or services required or provided for herein to be performed by
the County shall be considered employees of the County only and not of
Albertville or Otsego and that any and all claims that may or might arise
under Workmen's Compensation Act of the State of Mirulesota on
behalf of said employees while so engaged and any and all claims made
by any third parties as a consequence of any act or omission on the part
of said County employees while so engaged on any of the work or
services provided or to he rendered herein shall be the sole obligation
and responsibility of the County.
9. It is further agreed that any and all full-time employees of Otsego and
Albertville and all other employees of the Otsego and Albertville
engaged in the performance by any work or services required or
provided for hereln to be pe.-forr.:ed by Otsego or Albertville shall be
considered employees of their respective cities only and not of the
County and that any and all claims that may or might arise under
Workmen's Compensation Act of the State of Minnesota on behalf of
said employees while so engaged and any and all claims made by any
third parties as a consequence of any act or omission on the part of said
Otsego or Albertville employees while so engaged on any of the work
or services provided or to he rendered herein shall be the sole obligation
. end responsibility of the City employing such employee,
10. It is further agreed that any and all full-time employees of the Otsego
and Albertville and all other employees of the Otsego and Albertville
engaged in the performance of any work or services required or
provided for herein to be performed by Otsego or Albertville shall be
considered employees of their respective cities only and not of the other
city and that any and all claims that may or might arise under
Worhmen's Compensation Act of the State of Minnesota on behalf of
said. employees tir bile so engaged and any and all claims made b j~ any
t"li~_d t~a~-tips 7a~,~,, a coans~auence of ~~ny act or o-~issio~~ on the pant of ~;i~~
'`~~~°'`i+ c)~ _~~'_1L9..i-~%?Al~ ~?~1_i.?~~'~ ~~~, '~~ ~ ltjAC"'ri i (1 .7"~ i ~f91 L~_` ~v ~' ~~`=
r
or se~ti~ices provided or to be rendered rierein shall be the sole obligation
afid responsibility of the respective City v~~hich employs such employee.
] J . Pefore this Agreement shall become binding and effective it shall be
approved by the City Council of Albertville and Otsego and it shall also
be approved by the County Board and such other officers as the law
may provide.
12. In the event that CSAH 37 is turned back to Albertville and Otsego or is
otherwise no longer a Wright County highway, the terms of this
Agreement shall no longer apply to Wright County.
IN TESTIMONY WHEREOF the parties have duly executed this
agreement by their duly authorized officers and caused their respective seals to be
hereunto affixed.
County of Write City of Albertville:
Recommended for Approval: Recommended for Approval:
Coun ~ Engineer City Engin er, Albertville
APPROVED APPROVED
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Cj=hair, County Board Mayor City of Albertville
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County Atto City Attorney, City of Albertville
Count ~ Co n-dina - City, Clerk, Cit of Albertville ~ '~ ~ ~~`'- ~ `~ ~
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T~ec:oynrner~clF~~~ for ~_p~roval:
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ity ~ngs' Pr, Ots go
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APPROVED
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Mayor ' y of Otsego
i ttor ,City of Otsego
Date
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