2009-10-14 Agreement Relating to Cost of Utility InstallationCITY OF ALBERTVILLE
AGREEMENT RELATING TO
COST OF UTILITY INSTALLATION
THIS AGREEMENT RELATING TO COST OF UTILITY INSTALLA-
TION (hereinafter the "Agreement") made as of the ff day of Dc,�tlb�'v , 2009, by
and between the City of Albertville ("City") and M&I Marshall & 11sley Bank ("M&I").
WHEREAS, M&I owns property legally described on the attached Exhibit A
("Property"); and
WHEREAS, the Property is subject to an Agreement titled "Planned Unit
Development Agreement Towne Lakes Oh Addition" ("Developer's Agreement") dated
September 7, 2005 and recorded as document number 1003634 at the Wright County
Recorder's Office, Wright County, Minnesota; and
WHEREAS, the Developer's Agreement requires, among other things, the
completion of a municipal water main through the Property as well as certain other
municipal improvements, as more particularly described on the attached Exhibit B (the
"Work"); and
WHEREAS, the Property is not currently served with such municipal water
service, and several other municipal improvement items required by the Developer's
Agreement remain unfinished; and
WHEREAS, M&I has requested that the City conduct a feasibility study and
prepare plans and specifications relating to the completion the Work; and
WHEREAS, before the City will authorize a feasibility study and prepare plans
and specifications for such Work, the City requires M&I to enter into an agreement
providing for the payment of the City's expenses in preparing the feasibility study and
plans and specifications; and
WHEREAS, provided the projected costs of the Work are acceptable to M&I, in
its discretion, M&I desires to have the City complete the Work.
NOW, THEREFORE, the City and M&I agree as follows:
1. M&I hereby petitions the City to extend municipal water service to the Property
pursuant to Minnesota Statutes Chapter 429.
2. The City shall conduct a feasibility study which will estimate the cost of the Work
("Feasibility Study") and shall provide a copy of the Feasibility Study to M&I.
3. The City shall prepare detailed construction plans and specifications of the Work
("Plans") and shall provide a copy of the Plans to M&I, for its review and
approval.
4. The City shall solicit quotes or advertise for bids for the Work based on such
Plans in accordance with applicable law. The City shall provide such quotes or
bids to M&I promptly after receipt by the City for its review and approval.
5. If, upon review of the Feasibility Study and quotes or bids, M&I determines that it
still desires to have the City complete the Work, M&I shall execute a petition in a
form acceptable to M&I and the city council for the City ("City Council") under
which M&I petitions the City to complete the Work on behalf of M&I.
Concurrent with the presentation of said petition, M&I shall also provide the City
with one of the following: 1) Authorization from Alliance Bank permitting the
City to draw on Alliance's existing letter of credit to pay for the Work; or 2) a
cash escrow in the amount of the City Engineer's most recent estimated cost of
the project. Notwithstanding anything contained herein to the contrary, M&I and
City acknowledge and agree that in the event City is authorized by Alliance Bank
to draw upon the existing letter of credit to pay for the Work, such authorization
shall not be deemed a default under this Agreement or the Developer's
Agreement.
6. If the City completes the Work, the cost of the Feasibility Study, along with all
necessary engineering and legal work, including the cost of drafting this
Agreement, shall become project expenses which shall be due and payable within
30 days of receipt of the City's invoice and unconditional lien waivers, from all
subcontractors, suppliers and materialmen.
7. If, upon review of the Feasibility Study, M&I determines that that it does not
desire to have the City complete the Work, M&I shall reimburse the City for all
engineering expenses incurred in preparing and presenting the Feasibility Study
and working with M&I regarding the feasibility of installing the Work, and shall
reimburse the City for all reasonable legal expenses incurred in preparing this
Agreement and any other documents related to the proposed installation of the
Work, including the Plans and Specifications. Said reimbursement shall be paid
in full within 30 days of M&I's receipt of the City's invoice; provided, however,
that upon M&I's payment of the City's expenses, City, to the extent it has the
legal authority to do so, shall grant a license in a form reasonably acceptable to
City and M&I that licenses M&I to use and modify as necessary the Plans and
Specifications for the installation of the Work.
In the event M&I does not reimburse the City as required by paragraph 5 above,
the City may special assess all such costs incurred in connection with the
completion of the Work to the Property, including costs incurred in imposing the
special assessment.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the date and year first written above.
CITY OF ALBERTVILLE
Ron Klecker, Mayor p
6LA4349'
Bridget Mille , Clerk
M&I MARSHALL & ILSLEY BANK
By: V"e-"e
Name: (z`t l A?r d�
Title:
Attest:
Name: S7CLIE-j tf G4 2
Title: A V, P.
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this J''R day of
I.6bbw , 2009, by Ron Klecker as Mayor of the City of Albertville, a
Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the
City Council.
Notary Public — — —
Tori A. Leonhardt
A` Notary Public
Minnesota
"" My Commission Expires January 31, 2014
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this 1Yday of
QCAtbt f , 2009, by Bridget Miller, as Clerk of the City of Albertville, a
Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the
City Council.
Notary CAblic
Tori A. Leonhardt
A: Notary Public
STATE OF WISCONSIN ) Minnesota
My Commission Expires ianuary 31, 2014
)Ss.
COUNTY OF MILWAUKEE )
The foregoing instrument was acknowledged before me this (i413 day of
nt Mt ut 2009, by - �,�) ,l l„l l.CU11 (' , If I - and
,r as ' Q nt'o it t c Aant 1 and
u respectively, of M&I Marshall & Ilsley Bank.
o ry PUI.c
DRAFTED BY:
Court, MacArthur & Ruppe P.L.L.P.
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(763) 497-1930
1*140.111.11WA1
Legal Description
The legal description of the property subject to this Agreement is as follows:
Lots 1-44, Block 1
Lots 1-5, Block 2
Outlot B
All such property being located in the plat of Towne Lakes 6th Addition, on file in the
office of the Wright County Recorder, Wright County, Minnesota.
EXHIBIT B
Description of the Work
Construction of a ten (10) inch diameter PVC trunk watermain in the area designated on
the Developer's Agreement as Lakewood Drive, including all bends, tees, gate valves,
fire hydrants (plus accessories) and other appurtenances, necessary to complete such
work, including, but not limited to erosion control, and turf restoration, but excluding all
residential watermain services, corporation stops and related hardware, from Station
13+30 to 25+13.90 on Lakewood Drive.
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